JOURNAL
OF THE
HOUSE QF REPRESENTATIVES
OF THE
STATE OF GEORGIA
AT THE
EXTRAORDINARY SESSION
OF THE
GENERAL ASSEMBLY
Commenced at Atlanta, Monday, November 22, 1937
1938 THE STEIN PRINTING CO
ATLANTA. GA.

OFFICERS OF THE HOUSE OF REPRESENTATIVES 1937-1938 and Extra Session
ROY V. HARRIS, of Richmond . . . . . . . . . . . . . . . . Speaker JOHN C. PARKER, of Colquitt ....... Speaker Pro Tern. JOE BOONE, of Wilkinson ....................... Clerk GEORGE SAMMONS, of Glascock . . . . . . . . Reading Clerk JUDGE "TRIGGER" WINFREY,
of Dade .............................. Assistant Clerk JOSEPH M. BRANCH, of Washington ......... Chaplain PAT AVERY, of Gwinnett ................... Messenger M. D. TOMS, of Quitman .................. Doorkeeper

JOURNAL

REPRESENTATIVE HALL, ATLANTA, GA.,

MoNDAY, NovEMBER 22, 1937.

Pursuant to the call of His Excellency, Governor E. D. Rivers, the House met in extraordinary session this day at 10:00 o'clock A. M., was called to order by Hon. Roy V. Harris, Speaker, and opened with prayer by Rev. Jos. M. Branch, Pastor of the Davisboro Baptist Church.

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

Adams

Coxon

Allison

Croker

Almand

Culpepper of Fayette

Ansley

Dampier

Bargeron

Daves

Barlow

Deal

Barnard

Dean

Batchelor

DeFoor

Beck

Dollar

Bennett

Drake

Blease

Drinkard

Bond

Dugas

Booth

Dukes

Bradley

Dunn

Brewton

Durden

Bridges

Edwards

Brooks of .Jackson

Ellington

Brooks of Oglethorpe Elliott

Brown of Greene

Ennis

Brown of Peach

Erwin

Campbell

Etheridge

Candler

Evans

Carmichael of Cobb

Ferguson

Carmichael of Randolph Field

Clark

Fitts

Clary

Flanders

Claxton

Fowler

Clements

Freeman

Cogdell

Gammage

Cohen

Gary

Coleman

Gavin

Goff Grayson Gross Groover Grubbs GuYton Hamby Hampton Hand Harden Harrell of Brooks Harrell of Irwin
Harris Harrison
Hart Harvey Hayes Herndon Herrin Hill of Clarke Hill of Screven Hodges Hogg Hollis Holt Home Houston Houze .Jackson .Joel .Jones of Bartow

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JouRNAL or 'fliE Hous~,

Jones of Brantley Jones of Dodge Jones of Elbert Jones of Jenkins Kendrick Key Kirbo Lanham Lanier Larsen Leonard Lewallen Lewis Mankin Manu Marshall Martin Mavity McCracken McCravey McGraw McNall Middleton Milam Miller Moore of Baldwin Moore of Haralson Moore of Lumpkin Moore of Taliaferro Morgan Morris Moss MundY

Musgrove Newby Newton Oden Palmour Parker Patten Perry Peters Phillips Pilcher Pirkle Pound Preston of Bulloch Preston of Walton Ragan Rawlins Rees Reid of Carroll Reid of Wilcox Rountree Rowland Sabados Salter Sams Sanders Sapp Sartain Saunders Scruggs Simmons Smith of Dodge

Smith of HenrY Smith of Muscogee Spence Striplin Sutton Swindle Tapp Taunton Todd Thomas Trapnell Trippe Turner VickerY Wall Wages Walton Ware Warnell Warnock Watkins Weaver Welsch Whaley Whipple Whitaker Williams of Bacon Williams of Jones Wilson Yeomans Zellner Mr. Speaker

The following Proclamation calling the General Assembly m extraordinary session was read:
November 22, 1937. HoN. JOHN B. SPIVEY, President of the Senate, HoN. RoY V. HARRIS, Speaker, And Members of the General Assembly of Georgia, in Joint Session,

State Capitol, ,f\tLanta,.Qa.
CJnilemtn: .... ....I beg to sJ~~it, herewith, the original call for the special

MoNDAY, NovEMBER 22, 1937.

7

session of the General Assembly, which convenes as of this date. I respectfully ask your consideration of these measures. With kindest regards and best wishes, I am Sincerely yours, E. D. RIVERS, Governor.

A PROCLAMATION
Whereas, the people of Georgia have ratified in a popular election a number of amendments to the Constitution of this State, in the General Election of June 8, 1937, which election was held since the last regular session of the General Assembly; and,
Whereas, it is necessary to have certain Enabling Acts and legislation to put into effect the objects and purposes included in said amendments to the Constitution; and,
Whereas, other legislation involving urgent questions of tax revision are necessary and important at this time, which conditions create an emergency of sufficient importance under the terms of the Constitution as to demand an Extraordinary Session of the General Assembly.
Now, therefore, under and by virtue of the provisions of law contained in Article V, Section I, Paragraph XIII of the Constitution of Georgia, I, E. D. Rivers, Governor of Georgia, do hereby convoke and call a meeting of the General Assembly of this State in Extraordinary Session at 10:00 o'clock A. M., on Monday, November 22, 1937, for the purpose of considering and enacting laws and resolutions, by revision, repeal, amendment, or otherwise, relating to all of the following objects, which are considered by the Executive of sufficient importance to make the necessity for such Extraordinary Session, to-wit:
Taxation for all State, county, municipal, school district or other public purposes or objects including all kinds of revenue

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JouRNAL OF THE HousE,

that is, or may be, raised for public purposes by any manner of taxation whatever, including excise, license, franchise or privilege taxes, regulations or penalties; the classification of property and the selection and classification of subjects for taxation and the assessment, collection, allocation, distribution or administration of tax funds, and statutes of limitation with respect thereto; prescribing by definition the meaning of the terms "resident," "residence," and "situs" for tax purposes; the schedule of fees, compensation or expenses for tax receivers, tax collectors, tax commissioners and other tax collecting agencies.
Also all of the following objects:
A merit or civil service system for State employees, and for the operation thereof.
Establishing an economy commission, and providing for the operation thereof.
Authorizing the State Purchasing Department to require and provide for the keeping of records of licenses, tags, revenue stamps and other items furnished officials, departments, divisions, boards, commissions and bureaus for sale or distribution, representing money, and to require such items to be purchased exclusively through the State Purchasing Department.
Enabling Acts for all constitutional amendments ratified at the General Election held on June 8, 1937, and laws relating to such amendments.
The proposal and submission of constitutional amendments, relating to any matter or object in this call, or otherwise, including amendments authorizing counties, municipalities and school boards and districts to provide for the refunding of outstanding bonds or other obligations, and the issuance of new bonds or other obligations, and fixing the limitation of bonded indebtedness, and providing for temporary loans by issuing short term indebtedness obligations, and giving right for local subdivisions to set up teacher retirement systems.
Special appropriations for all necessary or proper State purposes, including, but without limiting the foregoing, an eleemosynary building fund, or to discharge a State obligation.

MoNDAY, NovEMBER 22, 1937.

9

The confirmation of nominations and appointments of all officers whose appointments must be confirmed.
General Laws with local application relating to any of the objects included in this proclamation, or otherwise, including county, city and superior courts.
Local laws relating to any of the objects included in this proclamation, or otherwise, and including amendments to and creation or abolishing of municipal charters, changing, abolishing, or establishing county boards of commissioners, changing, amending or affecting county officers' salaries and other compensations and duties, terms of court, and other matters relating exclusively to the local affairs of any county or municipality.
Appropriations to defray the expenses of the Extraordinary Session of the General Assembly, the printing of legislative journals and acts, and other legislative expense.
Creating and establishing with necessary appropriation, a treasury stabilization fund, and providing for the operation thereof.
The issuance and interdepartmental discount of debentures against anticipated allocated funds.
The refunding of State bonds.
The designation and authorization of the use, lease and rental of State property.
The location or change of location of State Institutions.
The acceptance of benefits of Federal legislation.
The report of the Governor in suspending minimum mcome tax payments.
Reciprocal agreements with other States regarding the moving of commodities and the operation of motor vehicles.
The manner and method of motor vehicle and trailer tag distribution, including the amount and collection of motor vehicle and trailer licenses.
Mileage and maintenance taxes on trucks, buses and other

10

JouRNAL OF THE HousE,

motor vehicles and trailers, including the amount, manner and method of returning, assessing, and collecting the same, and requiring the return, assessing and/or payment of an ad valorem tax on all motor vehicles and trailers as a prerequisite to procuring a license tag.
Highway legislation including rural route and State aid highway laws, and authority to repay funds previously diverted from the Highway Department so as to avoid the forfeiture of Federal funds.
Authorizing the Highway Department to set aside funds for matching Federal aid funds that may be available for rural routes.
Providing for the expansion and development of a farm to market system of roads and highways, including secondary roads and highways.
Authorizing the Highway Department to grant easements.
Prescribing speed limits for motor vehicles, and regulating traffic on public roads.
Clarifying, regulating and limiting road signs and highway advertising.
Permitting additional mileage to be added to the State System of Highways.
Designating the names of highways.
To abolish the lien requirement of applicants for benefits under the Social Security Act, and providing a county department administration fund for the State Department of Public Welfare.
Providing benefits to crippled children.
Fixing the amounts and methods of payment of Confederate pensions, and records thereof.
Laws pertaining to unemployment compensation section of the State Labor Department, to authorize the fixing of a time to begin the payment of benefits thereunder, and for exemptions and fixing time for making reports, and otherwise.

MoNDAY, NovEMBER 22, 1937.

11

Laws pertaining to the Compensation Division of the State Labor Department, authorizing the fixing of compensation and powers of the Industrial Board.
The naming of jury commissioners and registrars m the several counties.
Law pertaining to the disqualification of judges.
Laws pertaining to refund, reduction and relief on official bonds, and on forfeitures and recognizances, and penalties thereunder.
Marriage and divorce laws.
Laws pertaining to corporations, their creation, dissolution, merger, management, regulation, taxation and control.
Laws pertaining to small loan companies and salary buyers, regulating and prescribing the limit of fees, discounts and interest rates they may charge, and providing for their supervision and regulation.
Laws pertaining to the Military Department of the State, to the Governor's Staff, and creating an armory authority.
Laws pertaining to the scope of privilege as applied to newspaper libel.
Laws pertaining to the right of the State in contraband or outlawed goods, authorizing the State to acquire title and possession thereof, and providing for their confiscation, destruction, sale or distribution.
Insurance laws pertaining to the incorporation, regulation, management and control of all insurance companies, reciprocals and exchanges, admittance to do business in Georgia, and the manner and method of doing business, and bond requirements.
Laws relating to the creating, regulation and supervision of building and loan and savings and loan associations and compames.
Laws pertaining to packing houses.
Laws pertaining to the tidewater division of the Department

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JouRNAL oF THE HousE,

of Natural Resources, and to the taxing and regulation of the handling and sale of sea foods.
Laws pertaining to farmers marketing acts and legislation, including authority to regulate and prevent fraudulent practices in marketing perishable farm commodities.
Laws pertaining to nuisances and the practice of professions, businesses and trades.
Laws pertaining to the grading, packing, shipping and distribution of farm and orchard products and commodities.
Laws regulating and prescribing the manner and method of the sale of seed cotton, naval stores, live stock and other agricultural products.
Laws pertaining to the membership on the Milk Control Board.
Laws pertaining to fertilizers, their manufacture, inspection, distribution and sale.
Uniform warehouse receipts laws.
Laws regulating manufacture, use, sale, and distribution of mattresses in protection of public health.
Classification and regulation of use or sale of gasoline and petroleum products.
Garnishment laws, and exemptions thereunder.
Laws regulating the licensing and franchises of warehouses handling agricultural products.
Laws pertaining to the sale and distribution of imitation guns, pistols, fire arms, air guns and fireworks.
Laws pertaining to the refunding to citizens for highway paving, and authorizing the same.
Laws pertaining to the leasing of the Western & Atlantic Railroad, including the Dixie Terminal proposal, and the construction of highways over the same.
Election laws, including primary or general elections.

MoNDAY, NovEMBER 22, 1937.

13

Laws pertaining to photography, dentistry, contractors, and optometrists.
Laws pertaining to the Department of Public Safety, including authority to provide insurance and hospitalization for patrolmen, and providing for auxiliary patrolmen, and to drivers licenses.
Laws authorizing timber protective associations, and regulating the manner and method of cutting timber, as an aid to reforestation, and regulating, licensing, and taxing the severance of natural resources.
Laws fixing boundaries of land on tidewaters.
Eminent domain and condemnation laws.
Laws pertaining to monopolies and businesses operated in restraint of trade, their regulation and control.
Laws fixing and imposing sentences in criminal cases; and probation of persons convicted.
Laws pertaining to banking investments and county warrants.
Laws respecting administration of the Prison and Penal System.
Laws respecting paroles, clemency, and the administration thereof.
Laws pertaining to placing legal advertising.
Laws authorizing municipalities to create Boards of Tax Appeals.
Penal Laws respecting any of the objects and matters included in this call.
Modify or renew existing contracts between the State of Georgia and the Tennessee Copper Company and Ducktown Chemical & Iron Company.
Laws pertaining to collection of mileage tax due prior to repeal of mileage tax law and refund of overpayments.
Laws pertaining to actions for damages or claims against the Highway Department.

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Laws pertaining to years support.
Given under my hand and the Great Seal of the State of Georgia at the City of Atlanta, this, the 20th day of November, in the year of Our Lord, One Thousand Nine Hundred and Thirty-Seven.
E. D. RIVERS, Gournor.
BY THE GOVERNOR: JoHN B. WILSON, Secretary of State.
The following communications were received and read:
HoN. RoY V. HARRIS, Speaker, House of Representatives,
State Capitol, Atlanta, Georgia. Dear Sir:
I hereby certify that special elections were held in the following counties for the purpose of electing Representatives for said counties and that the consolidated returns of said special elections, which are of file in this office, show the following result:

CHATTAHOOCHEE COUNTY

(To fill the unexpired term of Dr. Chas. N. Howard, deceased) Election held Nov. 15, 1937.

Mrs. Chas. N. Howard received 83 votes

M. R. Hollis

received 63 votes

E. F. Johnson

received 128 votes

J. B. McCardel

received 21 votes

MITCHELL COUNTY (To fill the unexpired term of G. B. Baggs, deceased)
Election held June 8, 1937.

MoNDAY, NovEMBER 22, 1937.

15

B. E. Carlisle

received 401 votes

R. E. L. Culpepper, Jr. received 1346 votes

Given under my hand and official seal this 22nd day of November, 1937.

JoHN B. WILSON,

(SEAL)

Secretary of State. November 22, 1937.

HoN. RoY V. HARRis, Speaker of the House,

And Members of the

House of Representatives.

Gentlemen:



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

Hon. R. E. Culpepper, Jr.,

Mitchell County.

Hon. E. F. Johnson,

Chattahoochee County.

Sincerely yours,

E. D. RIVERS,

Governor.

Representatives-elect Culpepper of Mitchell and Johnson of Chattahoochee came forward to the bar of the House, and the oath of office was administered by Judge John B. Guerry of the Georgia Court of Appeals.

The following resolutions of the House were read and adopted:

By Mr. Sutton of Wilkes-

House Resolution No. 1. A resolution-Be it resolved by the House that the Clerk of the House notify the Senate that the

16

JouRNAL OF THE HousE,

House of Representatives has met pursuant to the call of the Governor in Extraordinary Session, and have organized and are ready for business.
By Mr. Sutton of Wilkes-
House Resolution No. 2. A resolution-Be it resolved by the House, the Senate concurring, that a committee of five, two to be named by the President of the Senate, and three by the Speaker of the House, be appointed to notify His Excellency, the Governor, that the Extraordinary Session of the General Assembly of Georgia has convened and is ready for the transaction of business.
Under the provisions of House Resolution No. 2, the Speaker appointed the following members as a committee on the part of the House:
Messrs. Preston of Bulloch,
Reid of Carroll, and
Pirkle of Forsyth.
The following communication from Hon. Andrew J. Kingery, Clerk of the House, was read, and accepted by the House:
Atlanta, Georgia,
October 14, 1937.
HaN. RoY V. HARRis,
Speaker of the House of Representatives,
Augusta, Georgia.
Dear Mr. Speaker:
Having a permanent position, the duties of which require all of my time, I hereby transmit to you and through you to the Members of the House of Representatives my resignation as Clerk of the House to be immediately effective.
With gratitude and appreciation for the many kindnesses and friendships of all of the Members of the House of Representatives through the years, and with every good wish for the sue-

MoNDAY, NovEMBER 22, 1937.

17

cess of your deliberations at the coming Extraordinary Session of the General Assembly, I am

Very respectfully,
J. ANDREW KINGERY.

Mr. Sams of DeKalb expressed the regrets of the House on the resignation ofHon. Andrew J. Kingery.

The next order of business being the election of a Clerk of the House, Mr. Lanier of Richmond requested that the name of Han. P. T. McCutchen, Jr., be not placed in nomination. Mr. Moore of Baldwin placed in nomination the name of Joe Boone of Wilkinson County.

Mr. Sabados of Dougherty moved that the nominations be closed, and the motion prevailed.

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

Those voting in the affirmative were Messrs.:

Adams Allison Almand Ansley Bargeron Barlow Barnard Batchelor Beck Bennett Blease Bond Booth Bradley Brewton Bridges Brooks of Jackson Brown of Greene Brown of Peach Campbell Candler Carmichael of Cobb Clark Clary Claxton

Cogdell Cohen Coleman Coxon Culpepper of Fayette Culpepper of Mitchell Dampier Daves Deal Dean DeFoor Dollar Drake Drinkard Dugas Dukes Durden Edwards Ellington Elliott Ennis Erwin Etheridge Evans Ferguson

Field Fitts Flanders Fowler Freeman Gammage Gary
Gavin Goff Grayson Gross Groover Grubbs GuYton Hamby Hampton Hand Harden Harrell of Brooks Harrell of Irwin Harris Harrison Hart Harvey Hayes

18

JoURNAL OF THE HousE,

Herndon Herrin Hill of Clarke Hill of Screven Hodges Hogg Hollis Holt Horne Houston Houze Jackson Johnson Jones of Bartow Jones of Brantley Jones of Dodge Jones of Elbert Jones of Jenkins Kendrick Key Kirbo Lanham Lanier Larsen Leonard Lewallen
Mankin Manry
Marshall Martin Mavity McCravey McGraw McNall

Middleton Miller Moore of Baldwin Moore of Haralson Moore of Lumpkin Moore of Taliaferro Morgan Morris Moss Mundy Musgrove Newby
Newton Oden Palmour Parker Patten Peters Phillips Pilcher Pound Preston of Walton Ragan Rawlins Reid of Wilcox Rountree Rowland Sabados Salter Sams Sanders Sapp
Sartain

Saunders Scruggs Simmons Smith of Dodge Smith of Henry Smith of Muscogee Spence Striplin Sutton Swindle Tapp
Taunton Todd Thomas Trapnell Trippe Turner Vickery Wall Wages Walton Warnock Watkins Weaver Welsch Whaley Whipple
Whitaker Williams of Bacon Williams of Jones Wilson Yeomans Zellner

Those not voting were Messrs.:

Brooks of Oglethorpe Lewis

Carmichael of Randolph McCracken

Clements

Milam

Croker

Perry

Dunn

Pirkle

Joel

Preston of Bulloch Rees Reid of Carroll Ware Warnell

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

Upon consolidating the votes cast, it was found that Joe

MoNDAY, NovEMBER 22, 1937.

19

Boone had received 175 votes, being the entire number of votes cast.
Joe Boone of Wilkinson, having received a majority of all the votes cast, was declared elected Clerk for the unexpired term of Hon. Andrew J. Kingery.
The Speaker appointed the following committee to escort the Clerk to the Clerk's stand:
Messrs. Moore of Baldwin,
Weaver of Bibb, and
Pound of Hancock.
The Clerk was escorted to the stand by the Committee of Escort, and thanked the House for its kindness.
The following resolutions of the House were read and adopted:
By Mr. Sutton of Wilkes-
House Resolution No.3. A resolution-Be it resolved by the House that the Senate be notified that the House has received the resignation of Hon. Andrew J. Kingery, its Clerk, and that the resignation has been accepted and the House has elected his successor, Joe Boone of Wilkinson County, Georgia.
By Mr. Sutton of Wilkes-
House Resolution No.4. A resolution-Be it resolved by the House that the Clerk of the House notify the Senate that the House of Representatives has met pursuant to the call of the Governor in Extraordinary Session and have organized and are ready for business.
By Mr. Sutton of Wilkes-
House Resolution No. 5. 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 11:20 o'clock on November the 22nd, 1937, for the purpose of hearing a message from the Governor.
The Speaker appointed as a Committee of Escort, on the part of the House, to escort the Governor to the Hall of the House of

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JouRNAL OF THE HousE,

Representatives, the following members of the House:
Messrs. Fowler of Treutlen,
Warnell of Bryan, and
Drake of Seminole.
The following resolution was read and adopted:
By Mr. Sutton of Wilkes-
House Resolution No. 6. A resolution-Be it resolved by the House that the resolution passed at the regular session of the General Assembly held for the year of 1937, fixing the compensation and number of the employees of the House be, and the same is hereby continued in effect for the Extraordinary Session of the General Assembly of Georgia convening on November 22, 1937.
By unanimous consent, the following was established as the order of business for today's session:
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. Coleman of Lowndes, Harris of Richmond, Sutton of Wilkes, and others-
House Bill No. 1. A bill to be entitled an Act to amend an Act approved March 23, 1935, providing for license and excise taxes upon the business of dealing in malt beverages, and for other purposes.
Referred to Committee on Ways and Means.
By Messrs. Coleman of Lowndes and Sutton of Wilkes-
House Bill No. 2. A bill to be entitled an Act to repeal the maintenance tax on busses and trucks, and for other purposes.
Referred to Committee on Public Highways No. 1.

MoNDAY, NovEMBER 22, 1937.

21

By Mr. Gross of Stephens-
House Bill No. 3. A bill to be entitled an Act to amend an Act fixing motor vehicle license taxes, and for other purposes.
Referred to Committee on Public Highways No. 1.
By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton-
House Bill No.4. A bill to be entitled an Act to place a part of Techwood Drive on the State Highway System, and for other purposes.
Referred to Committee on Public Highways No.1.
By Mr. Hand of Mitchell-
House Bill No. 5. A bill to be entitled an Act to amend the Act relating to designation of official organs of counties; to repeal conflicting laws; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Zellner of Monroe-
House Bill No. 6. A bill to be entitled an Act to authorize cities and counties having a population of one thousand or more, to pass zoning and planning laws, to regulate the use for which zones or districts may be used for the development and improvement of real estate, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Zellner of Monroe-
House Bill No. 7. A bill to be entitled an Act to amend the charter of the City of Forsyth, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Zellner of Monroe-
House Bill No. 8. A bill to be entitled an Act to amend the charter of the City of Forsyth, and for other purposes.
Referred to Committee on Municipal Government.

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JouRNAL OF THE HousE,

By Mr. Guyton of Effingham-
House Bill No. 9. A bill to be entitled an Act to reduce the bond of the Sheriff of Effingham County, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Sapp of Coffee-
House Bill No. 10. A bill to be entitled an Act to add a road in Coffee County to the State Aid System of Roads, and for other purposes.
Referred to Committee on Ways and Means.
By Mr. Booth of Barrow-
House Bill No. 11. A bill to be entitled an Act to require a license for the opening, operating, and maintenance of a theatre or a chain of theatres, and fixing an occupation tax thereon, and for other purposes.
Referred to Committee on Ways and Means.
By Messrs. Grayson, McNall, and Cohen of Chatham-
House Bill No. 12. A bill to be entitled an Act to amend the charter of the Town of Thunderbolt, and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Grayson, MeNall, and Cohen of Chatham-
House Bill No. 13. A bill to be entitled an Act to authorize the City of Savannah to incur a bonded indebtedness in addition to that heretofore authorized by the Constitution and laws of Georgia, and for other purposes.
Referred to Committee on Amendments to Constitution No. 1.
By Messrs. Evans of McDuffie, Barrett of Richmond, Brown of Peach, and Taunton of Taylor-
House Resolution No. 7-13a. A resolution to propose an amendment to the Constitution so to eliminate the payment of poll tax as a prerequisite for voting, and for other purposes.
Referred to Committee on Amendments to Constitution No. 1.

MoNDAY, NovEMBER 22, 1937.

23

By Messrs. Evans of McDuffie, Weaver of Bibb, Brown of Peach, Blease of Brooks, DeFoor of Mcintosh, Guyton of Effingham, Morgan of Troup, and others-
House Resolution No. 8-13b. A resolution to amend the House Rules by restricting the powers of conference committees to matters of difference between the two legislative branches, and for other purposes.
Referred to Committee on Rules.
By Messrs. Evans of McDuffie, Weaver of Bibb, Brown of Peach, Blease of Brooks, DeFoor of Mcintosh, Guyton of Effingham, Morgan of Troup, and others-
House Resolution No. 9-13c. A resolution proposing an amendment to the Rules of the House by providing that Senate amendments to House bills, and conference committee reports can be adopted only by a vote of a majority of all members elected to House of Representatives, and for other purposes.
Referred to Committee on Rules.
By Messrs. Evans of McDuffie, Weaver of Bibb, Brown of Peach, Blease of Brooks, DeFoor of Mcintosh, Guyton of Effingham, Morgan of Troup, Rowland of Johnson, Taunton of Taylor, and others-
House Resolution No. 1G-13d. A resolution to provide that no conference committee report shall be in order after 6:00 o'clock Central Standard Time, and for other purposes.
Referred to Committee on Rules.
By Messrs. Evans of McDuffie, Weaver of Bibb, Brown of Peach, Blease of Brooks, DeFoor of Mcintosh, Guyton of Effingham, Morgan of Troup, Rowland of Johnson, Taunton of Taylor, Dukes of Washington, and others-
House Resolution No. 11-13e. A resolution amending the Rules of the House by providing that no substitute bill may be offered or considered after 6:00 o'clock P. M. Central Standard Time; or any night; and for other purposes.
Referred to Committee on Rules.

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JouRNAL OF THE HousE,

By Mr. Sutton of Wilkes-
House Bill No. 14. A bill to be entitled an Act to amend the Act creating the office of Tax Commissioner of Wilkes County, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Larsen of Laurens-
House Bill No. 15. A bill to be entitled an Act to fix the salary of the Solicitor General of the Dublin Circuit, Superior Court, and prescribe amounts to be paid by each county in the circuit, and for other purposes.
Referred to Committee on Special Judiciary.
By Messrs. Parker and Barlow of Colquitt-
House Bill No. 16. A bill to be entitled an Act to provide for exemptions from garnishment of $2.00 per day and fifty per cent in excess thereof of wages, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Messrs. Parker and Barlow of Colquitt-
House Bill No. 17. A bill to be entitled an Act to amend an Act by further defining who are and who are not dealers in live stock within the contemplation of said Act, and for other purposes.
Referred to Committee on General Agriculture No. 1.
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, ta-wit:
By Senator Atkinson of the 1st District-
Senate Resolution No. 1. A resolution notifying the House of Representatives the Senate has convened and is ready for the transaction of business.

MoNDAY, NovEMBER 22, 1937.

25

By Senator Atkinson of the 1st District-
Senate Resolution No. 2. A resolution providing for a joint committee from the Senate and House to notify the Governor the General Assembly has convened in Extraordinary Session and is ready for the transaction of business.
By Senator Atkinson of the 1st District-
Senate Resolution No. 3. A resolution providing for a joint session of the General Assembly at 11:30 o'clock this date, Nov. 22, 1937, and providing for a joint committee of escort to the Governor for the joint session.
President named as committee under Senate Resolution No.2 the following:
Senators Robinson of the 13th District, and
Turner of the 35th District.
President named as committee under Senate Resolution No. 3 the following:
Senators Moye of the 11th District,
Sikes of the 49th District.
The Senate has adopted House Resolution No. 5, a resolution providing for a joint session to hear the Governor, and the President has appointed a Committee of Escort on the part of the Senate.
The hour of convening the joint session of the House and Senate having arrived, the Senate appeared upon the floor of the House, and the joint session convened for the purpose of hearing a message from His Excellency, Governor E. D. Rivers, was called to order by Hon. John B. Spivey, President of the Senate.
The Secretary of the Senate read the resolution providing for the joint session.
Accompanied by the Committee of Escort and other distinguished guests, Governor Rivers appeared upon the floor of the House and delivered the following address:

26

JouRNAL oF THE HousE,

Ladies and Gentlemen of the Assembly:
Pursuant to a provision of our fathers, and in keeping with precedent, you have been called into Extraordinary Session to enact legislation essential to the progress of our people.
I trust that your loved ones at home may be well and comfortable during your stay at the session, and that the satisfaction of rendering a splendid public service may compensate you for the sacrifice you are making in your personal business to labor here for the common weal.
At your regular session nearly a year ago we started a program that had been asked for by the people of the State in our election, yours and mine, and that was embodied in the platform of the Democratic party of the State, to which the vast majority of our citizens adhere. There were certain parts of this program that could not be enacted into law at the regular session because of need of preliminary constitutional authority. In these instances you proposed constitutional amendments and found a means of submitting them to the people early following your session. At that time we agreed that your work was not finished, and could not be finished, to carry out the program until the results of the election on these constitutional amendments had been determined. Now that the amendments to the Constitution have been voted overwhelmingly by the people, both in popular and county unit votes, we have met here to finish the job we started at the regular session.
From the splendid start this Assembly made in carrying out the will of the people and the platform of the party, I have every confidence in your courage, ability and patriotism to finish the task. This Assembly, having initially started the job, should by all the rules of right have an opportunity to finish it. The people have acclaimed your efforts at the regular session, through the press, in public forum, in group meetings and in private conversation. The people have likewise approved your work at the regular session and your contemplated work at this session by direct vote in the election on June 8th. No Assembly in this generation has enjoyed such confidence and approval at the hands of the people. No Assembly in any generation has enjoyed more confidence and esteem in the hearts of the people than this

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Assembly. I congratulate you upon what you did at the regular session, and I prophesy for you a like accomplishment at this special session.
The main task before this session of the General Assembly is the revision of the system of taxation, so that tax relief may be granted to people now overburdened and tax responsibility may be placed on people now shirking it entirely or in too great part, to the end that the tax burden may be more equitably distributed and thus more easily borne, and to the end that adequate revenue may be raised to pay the appropriations bill passed at our regular session.
I have put in the call various other items specifically requested by the members of the Assembly in addition to this major item. I did this in an effort to assist the individual members in pressing matters peculiarly affecting them. Many of the members assured me that should these requested items produce friction, or prolong debate, they would be promptly abandoned. Therefore, I feel that the placing of these several other items in the call will not be abused to the extent that the main purpose will be jeopardized or the session too long drawn out.
I am sure you are interested to know the progress that has been made by the administration in executing the laws you enacted at the regular session as affects this program ordered by the people.
EDUCATIONAL PROGRAM
In order to administer the new educational program, you authorized the appointment of a State Board of Education, representing each Congressional District of the State.
The new State Board of Education was appointed and organized. The State Board then entered vigorously, patiently and determinedly into setting up the two major educational activities you provided for the children; to-wit: Free school books and the minimum seven-months term of school paid for by the State Treasury.
FREE SCHOOL BOOKS
Heretofore it had been customary to devote about two days

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to the adoption of text and price for school books. We spent thirty days, instead of two, long hours each day and running well into the night many times, bargaining with the book companies in buying the free school books. Previously we had set up committees of teachers to examine and pass upon all books submitted and recommended to us only those books that the teachers of our State thought were among the best to be taught to our children. In buying books we adhered strictly to those books recommended by our teachers, so as to guarantee good books to the children of the State. Having thus established what books were the best, we proceeded to bargain for them. As a result of our efforts of bargaining for books at the best possible price, we bought an adequate supply of the best books the children of Georgia have ever had and as good books as the children of any state have.
In purchasing these school books our desire was first to help the parents of children, who had an investment in school books bought previously to the free school book program, and to help the school system that had undertaken a rental or free system on their own account prior to our state-wide free school book undertaking. We made every possible effort to buy up these books, and bought every one the parents and systems desired to sell that were in condition to buy and that were of the quality desired to be taught. We spent approximately one-half million dollars in this manner, that went back into the pockets of the people that would have otherwise been lost to them, before we started buying books from the book companies.
We then, in addition to these books purchased from our own people, bought up to November 1, 1937, 3,787,247 books from the companies at a cost of $1,542,553.092. Had these books been bought under the old adoption system, at retail price, they would have cost the citizens $2,720,209.79. We made a saving of $1,177,656.698 in the books we have already bought from the companies up to November 1, 1937. This does not take into account the savings made in the purchase of books from the parents and systems. As other books are purchased for the remainder of the school year proportionate savings will be evidenced.
There will be attached to this message a summary sheet show-

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ing the number of books by grades, the purchase price we have paid for them, and the retail price that the people would have had to have paid for them under the old adoption except for the free school book program, and the savings by grades in the grammar schools and the savings in the high schools by subjects, so that you may canvass these books, grade by grade and subject by subject in familiarizing yourselves with the savings accomplished. This summary is furnished direct by the Department of Education as official figures to you.
While the purchases have not as yet run to the full figure, we feel safe in saying that our total school books purchases this year will not run more than two and a half million dollars. Heretofore the people of the State paid in round figures four million dollars for school books through private purchases at retail prices. This was an annual fixed charge for school books against the people of Georgia, because the books were not preserved and only a comparatively small per cent were used more than one year. Therefore, we will save this year to the people of the State, through the free school book program, in round figures, one and a half million dollars, of which amount we have already saved in the purchase of books from the companies along $1,177,656.698.
The future annual savings to the people in this behalf will be even greater. It has been the experience of other states that it costs only one dollar per child per year to maintain the free school book system through replacements, as the books wear out or are destroyed. We will have approximately one million children in school in Georgia. At one dollar each for replacements of books, our annual school book bill, after our initial purchases are complete, will, therefore, be approximately one million dollars per year. The annual school book bill paid by the people heretofore in private purchases at retail prices have been approximately four million dollars per year. The free school book program will save in future years approximately three million dollars per year. Thus, in executing the free school book program you passed, this administration-of which you are a part-is entitled to the record of having saved one and a half million dollars for the people the first year and three million dollars per year for the people in each of the future years.

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This is a record for economy in the purchase of school books that surpasses that of any state in this union. It is a concrete example of economy in government rather than a misguided harangue for economy.
The greatest saving we have made in the free school book program, however, has not been in dollars and cents, as great as that is; the greatest saving has been in boys and girls. The State Department of Education advises me that, through these free school books, we are putting into school this year approximately two hundred thousand Georgia children who last year had the doors of the school houses slammed in their faces because their parents were too poor to buy them the books with which to go to school.
Another very heartening result of our administration of the free school book program is that, while we bargained hard for books with the companies, there has not been a single complaint of unfair treatment on the part of any company, and not the slightest breath of scandal connected with the purchases. A stenographic report of every word said and every step taken in the purchases is on file in the Department of Education as a permanent public record.
SEVEN-MONTHS SCHOOL TERM
The minimum seven-months school term bill has been set up in practical operation and, through it, the teachers have had their salaries raised to a reasonable minimum, as authorized by the law. The need of this raise is evidenced strikingly by the fact that last year in Georgia white teachers, who held degrees from colleges and universities, in which they had spent years of their lives in attaining and thousands of dollars in obtaining, taught in our schools for as low as $36.00 per month; less than we paid colored janitors around the court-houses, depots and the State Capitol.
In setting up the seven-months term we were able to give from the State Treasury to the local communities increased sums for schools. Last year the local communities received only approximately $3,600,000 of per capita school tax. This year under the seven-months school term bill they have been

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appropriated $9,256,000, which will give on an average of two and three to one dollars from the State Treasury to the local communities this year over last year. They have been paid thus far 100% of this promised sum promptly each month for the first time in the history of the State. There will be attached to this message a schedule, direct from the Department of Education, showing the amounts by counties and independent school districts, the local communities will receive under the seven-months school term bill as we are administering it, so that you may know how it affects each of your particular communities and may compare it with how your local communities were affected heretofore.
The sum and substance of it is that every child will have a minimum seven-months term of school open to him, paid for from the State Treasury, and the teachers will be paid a minimum, reasonable salary based on their qualifications and experience. It means that while last year white children in some communities went to school at terms ranging from three, four, five and six months, which did not enable them to pass their grades and be accepted in accredited schools, that this year the minimum seven-months term does enable them to receive credit for passing their grades. It means that while the State furnished only enough money to run the schools three months last yearand the local communities that had more than three-months term of school had to levy a tax for the difference between three months and whatever length they ran-that this year, with the State paying for a minimum of seven-months that the local communities will have to tax their people only enough to run their schools whatever length term they desire to run them above seven months. Taking into account only those schools that ran more than seven months last year, the seven-months school program, financed from the State Treasury, enables a saving of approximately four million dollars in local school taxes to the people.
SPECIAL CONSTITUTIONAL SCHOOL SYSTEM
An administrative financial difficulty has been encountered in respect to the schools in four of our counties, which have special constitutional school systems, that put them on a dif-

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ferent legal basis than the other 155 counties. In one of these four counties the State board seems to have worked out a satisfactory adjustment of the situation. In three of the others the matter is in progress of determination that will probably necessitate an adjudication by the courts. We had figured the money for these counties in the provisions of the seven-months term bill on the same basis as the other 155 counties. If the court should construe that we must pay them on the basis they contend, rather than on the same basis as the rest of the counties, they will receive proportionately more money than the other counties and this will necessitate an adjustment in the common school appropriation to meet that increase, totalling approximately $250,000.
The only other administrative financial problem in connection with the seven-months school term law that we have not been able apparently to satisfactorily adjust is that the free school books have brought into school approximately 200,000 additional children, presenting an abnormal increase in school population that we had not fully anticipated. This abnormal increase in school population means the necessity for increasing the number of teachers over what we had contemplated in fixing the appropriation for the seven-months minimum term from the State Treasury. To take care of this abnormal increase we must increase the school appropriation approximately $700,000.
This represents the only operating expense not fully contemplated by the appropriation bill you passed at the regular session and the budget we originally submitted for operating the State government.
Summarizing the educational situation generally, let it be remembered that at the time you met, and this administration came into office, counting the District of Columbia, Georgia stood forty-ninth in the nation in the education of our people. Through the administration of the free school book program and the minimum seven-months term bill you provided, the State Board of Education has already moved Georgia from the foot of the ladder and we are now well up among our sister states. We have thus far paid our teachers promptly and 100%, as promised in the appropriation for the seven-months school

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term law. Official figures as to our educational status in relation to our sister states cannot be definitely determined until the end of one year's operation; however, we know we have moved out from the foot of the list and, although we have had these laws in operation only since July 1st, we are now ranking well up among the other states in education.
HEALTH
You authorized an expanded health program by increasing the appropriation to public health from $100,000 to $600,000. This enabled us to match nearly $400,000 of Federal funds for public health and gives us approximately $1,000,000 for a public health program this year instead of $100,000.
There will be attached to this message for your information a detailed report direct from the Department of Public Health to you, showing the itemized budget for the expenditure of these health funds. From it you will see the manner in which the money is being used to meet the problem of disease in our state. In this budget we have set aside funds to provide free treatment for such diseases as diphtheria. Last year children suffering with diphtheria, whose parents were too poor to buy these treatments, were forced to writhe and choke to death. No longer is this true in Georgia since you authorized this expanded public health program.
Another item of particular interest in the new health budget is provision for research and treatment of cancer. We have engaged one reputed to be among those greatest skilled in this line in the world to direct this fight on cancer, and the prospective results are already extremely encouraging. We are making serious attacks on venereal diseases, typhus, malaria, tuberculosis and other causes of high death rates among our people.
Be it remembered as in the matter of education so in health. When you met and inducted this administration into office less than a year ago Georgia, counting the District of Columbia, stood forty-ninth in the nation in health work. As a result of the program you authorized, and the administration of it we have set up, Georgia has moved out of this unenviable position and is now well up among her sister states in a health program.

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Its exact status, as in the instance of education, cannot be officially determined until the end of a year's operation; yet we already know that we have moved out from the bottom and are well up in the rank of the states in this important governmental service. The figures on which we base this statement are as follows:
RESULTS OF INCREASED EXPENDITURES
The vital statistics records show that the death rates of the following diseases were decreased in 1937, as compared with 1936, as follows:
All causes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.6
Typhoid. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25.9 Malaria. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39.0 Diphtheria.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.0 Tuberculosis (all forms). . . . . . . . . . . . . . . . . . . 10.9 Pellagra. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.5 Dysentery. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.8 Influenza. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.7 Pneumonia. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25.6 Meningococcus Meningitis ................. 46.2
Infant Mortality.... . . . . . . . . . . . . . . . . . . . . . . 5.7 Maternal Mortality. . . . . . . . . . . . . . . . . . . . . . . 6.4
Total deaths for eight months of 1936 was 23,821. For the same period of 1937, the total was 21,915. Lives saved, 1,906.
It is axiomatic in economics that the earning power of a people is in direct ratio with the education and health levels of the people. You may take any two states in the nation and compare the earning power of their people and it will be in direct ratio with the education and health levels of the people of these states. Georgia has been no exception to this axiom. Ranking lowest in education and health heretofore, our earning power has been only one-half the earning power of the nation and 20% less than the earning power of the other Southern States. Georgia in the future will be no exception. With the administration of the new educational and health programs, we will double the

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earning power of the middle and lower brackets of our people within a very few years. A people cannot earn if they are sick. A people cannot earn if they are ignorant. A people can earn if they are well. A people can earn if they have knowledge. Georgia is not too poor to keep its people healthy and to educate them. Georgia is too poor not to keep its people healthy and to educate them.
SOCIAL SECURITY
Despite law suits and spasmodic efforts by some local communities to block the social security program you authorized, and the people approved, we started this program as of July 1, 1937. This program is the most difficult to administer of any our state is undertaking. It is difficult by reason of our inexperience in this field heretobefore and by reason of the many interests involved that have to be harmonized, reconciled and coordinated. These interests are the Federal Government, that puts up one-half of the money; the state government, that puts up 40% of the money; the county governments, that put up 10% of the money; the county boards of welfare, appointed by the County Commissioners and confirmed by the state under requirements of the Federal Government, which passes on the applicants and the amount of their benefits; the county welfare worker, likewise named by the county welfare board and approved by the state, under federal requirements; and the various applicants for various classes of benefits. In harmonizing and coordinating the Federal Government, the state government, the county governments, the county welfare boards, the county welfare directors, and the thousands of applicants for various benefits, there is presented indeed a tedious task. It is one that requires time, talent and patience. We have gone about it with vtgor.
Despite our inexperience in this field, Georgia will pay more people benefits under the social security program in December this year than any Southern state, save Texas alone. Of course, we can never compete with Texas in this behalf, because of its huge population and tremendous area. We have already abolished two-thirds of the poorhouses in Georgia and by January 1st will have abolished all but ten or fifteen poorhouses in the

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state. Twelve months from the time we started we expect to abolish every poorhouse, except in the five city counties, where the number of people in poverty in classes not covered by social security is so great that they will probably have to operate their poorhouses until such time as the scope of the social security program is enlarged sufficiently to cover these additional classes.
You have wisely, in setting up the social security program, segregated the funds we are to spend for benefits from the funds we are to spent for administrative costs. This guarantee that no money provided for benefits can be.spent for administration. Compared as to number of counties and other elements that enter into administration of the program, Georgia is administering its social security program more economically than any state in the nation; this despite the fact other states have been operating their program from eighteen months to two years, while we have been operating ours less than six months. This record of administrative economy, in my opinion, has been made sure by reason of this wise provision of segregating the benefit funds from the administrative funds; and I trust we will never depart from this procedure.
There will be attached to this message for your journals a detailed statement of benefits and administrative costs from the Department of Public Welfare for your information and for the information of the people.
There is an item in administrative costs that we did not contemplate when we set up our social security program. This is the item of administration of county departments on an enlarged scale during the preliminary period of canvassing the initial thousands of applicants in making up our final normal rolls. As a result of not reckoning with this initial heavy county expense, we did not provide funds for the administrative phase adequate to care for this situation. While the counties have for the most part patriotically met the situation with local funds, we have been forced, in justice to them to waive the requirement of their 10% matching, in order to enable them to do so. This has affected the fiscal setup to an extent. The problem is not yet over and I recommend that you adjust this matter in line with a proposal that will be submitted on the part of the Welfare Department.

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When we started off our social security program, pending actual administration, we were required to have a lien provision against applicants as a guarantee against fraud. Our administration of the law has been sufficiently efficient and meritorious to enable this lien requirement to be lifted after our first month's operation. In the light of this fact that the lien provision has been lifted, I recommend that the lien provision be stricken from our law as superfluous and unnecessary.
In seeking conservatism in the initial program of social security we did not ask for a program for our crippled children. The Federal Government puts up money for crippled children benefits the same as it does for old age pensions, aid for the blind and for dependent children. There are approximately eleven thousand crippled children in Georgia, who can be given assistance providing we will match the funds in this instance as in the case of these other benefits. We feel from present experience with the program that we can safely take on this crippled children's work without increasing our total benefit fund.
I, therefore, recommend that the social security program be expanded in scope so as to enable us to give assistance to crippled children.
UNEMPLOYMENT INSURANCE
In setting up the unemployment insurance program we fixed January 1, 1939, as the date to begin paying benefits. We did this because of the requirements that we first collect funds for two years and get a reserve before we started benefit payments. Our law having started operation as of January 1, 1937, the earliest date we could start paying benefits under the federal law was January 1, 1939. However, our people had paid the unemployment insurance payroll tax for the year 1936, and this money had gone direct to the Federal Government, and apparently was lost.
Several other states were in the same boat with Georgia in this behalf, and the group of them was sufficiently strong in Congress to secure a provision for a return to us, and these other states, of the 1936 money which our people had paid to the Federal Government. While this money has not been actually

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paid to us, we feel it will be within the next few months. If it is, there is a possibility we can start our benefit payments earlier than January 1, 1939.
I, therefore, recommend that you amend the unemployment compensation law so as to enable us to start paying these unemployment benefits to our people on July 1, 1938, or as early thereafter as we can work out the details with the social security board; instead of waiting until January 1, 1939, to start these payments.
There are a few minor administrative amendments in the unemployment insurance program that should be made but they are of such small import that I will not detail them to you, but they will be presented to you in due course by the unemployment insurance division.
Be it remembered that this unemployment insurance program you authorized does not add a single penny tax upon our people. Our people would have to pay exactly the same amount of payroll tax to the Federal Government if we did not have this law in Georgia as they do since we do have the law. The sole difference is that with us having the law we have 90% of the money paid in by our people returned to us, to be paid out by us in benefits to our unemployed, and we have the administration of the law in Georgia, paid for by the Federal Government out of the remaining 10%. Otherwise, if we did not have the law, our people would pay the same amount of tax to the Federal Government and it would go into the federal treasury and into other states, and we would have paid the tax without realizing a single benefit from it.
POLlCE PATROL
You authorized the setting up of a police patrol under a director of safety for the safety of our people through observance of law on our highways. You set aside $100,000 for the initial setup of this patrol and then provided the future financing of its operation with a drivers license of $1.00 for two years. We set up this patrol strictly on a civil service, or merit, basis, requiring the applicants to pass physical and mental examinations. As a preliminary to putting the police patrol on the highways and to provide adequate training for them, to insure courtesy and

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efficiency, we gave these applicants who could pass these examinations a course of instruction lasting several weeks. We had people skilled in safety, first aid, police work, and patroling to train these applicants. We taught them courses in the geography of the state, the location and attractions of our principal points of interest, and otherwise gave them training we felt would prepare them for this important work. We placed at the head of the Department Hon. Phil Brewster, of Polk County, who meets the requirements, you provided in your act. We started out with approximately 80 men, instead of the 120 you authorized, in an effort to feel our way conservatively and determine on experience of actual operation whether or not the people wanted this patrol and whether or not we had the setup properly made. The reaction of the people has been so tremendously favorable to the police patrol and the manner in which it is set up and operating that it seems to be one of the most effective and popular undertakings you have authorized for the administration. We are, therefore, expanding the patrol through the same process in which we set it up, so that we may have the full 120-men strength at an early date.
The financial operation of the patrol has been thus far very satisfactory. We have started collecting the drivers licenses and the people have responded so freely that we have already taken in from that source sufficient funds to repay the $100,000 which was authorized to be set aside for us from the general treasury, and have enough money on hand to discount our bills and care with cash for current operating expenses. We are proceeding with the collection of these licenses and have every reason to believe they will finance the activities of this department as we had contemplated.
The patrol could be made more effective against crime if we had a stationary auxiliary at the main points where trunk-line highways enter our state. A recommendation in this connection will be made later on in this message.
SPECIAL ATTORNEYS
In setting up the administration of social security, unemployment insurance compensation and the police patrol, there were so many legal and technical details connected with the initial

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setup of these activites that the law department could not possibly have attended to its other heavy duties and devoted the time necessary on legal details incident to their setup. I, therefore, employed temporarily in making these setups three special assistant attorney generals to do this legal detail work.
In setting up the social security program, E. D. Rivers, Jr.,
was employed at a salary of three hundred dollars per month. He has been intimately associated with me in the practice of law since he passed the bar examination in 1931, has worked with me in my campaigns, and knows my every thought and policy with reference to social security. I felt that he could effectively handle the legal setup of social security in a manner suited to the policies I wanted and for which I was responsible. I felt that three hundred dollars a month for his services, as compared with $5,000 per year paid an Assistant Attorney General to have done the work, was reasonable. His work in this connection will be completed. at the end of six months of the operation of the social security laws, and his resignation, effective January 1st, has already been tendered and accepted. At that time the legal work connected with the social security program will have been lightened to such an extent that the law department can carry it on without hampering its other strenuous tasks.
The legal work incident to setting up the unemployment compensation laws was so heavy that it was necessary to employ a special assistant attorney to assist in making this setup. Hon. Wilmer D. Lanier was asked to do this specific job, because he was more familiar with the legislation than any person in Georgia. He was paid for this work four hundred dollars per month, and he made the initial setup at a sacrifice to himself in time and money. When he had completed the initial setup it was apparent that the heavy and specialized work incident to the unemployment insurance laws would continue to require a special assistant attorney. When this became apparent, following the initial setup, Mr. Lanier insisted upon being relieved, was relieved, and Hon. Clifford M. Walker, former Attorney General of the state and former Governor of the state, was assigned to this work at a salary of $5,000 per year. This salary, as was Mr. Lanier's, is paid entirely by the Federal Government out of the 10% administrative funds retained by the Government to

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carry on national and state costs of administering these laws.
In setting up the police patrol, I felt that Hon. Clem Sutton, author of the bill, was more experienced in doing this job for the state than anyone else in the state. He had spent his vacations for the past several years in visiting other states and studying their patrol systems, at his own expense. He agreed to make the initial setup of the patrol for us, and was paid for his work four hundred dollars per month. He completed his task, at a sacrifice in time and money to him, and henceforth the legal details of the highway patrol can likewise be handled by the department of law in my opinion.
HIGHWAY DEPARTMENT
You reorganized the Highway Department of the state in line with the Democratic Platform and the mandate of the people of the state, and the new State Highway Board, confirmed by the Senate, went into office during the closing days of your regular session. You know the condition of the department at the time it was reorganized. The last administration had not only spent all state funds but had gone in debt on future state funds of the department approximately three and a half million dollars. At the same time the department was left in this crippled condition on state funds, it had an accumulation of federal funds, some of which had to be matched with no state funds on hand with which to do the matching, and a tremendous sum of federal money, including both matched and unmatched funds, to be contracted before July 1, or these federal funds would be lost to the state. No plans and specifications for this tremendous amount of work had been prepared. The new Highway Department had to face the task of preparing plans and specifications and contracting these federal funds by July 1, or lose time; and had to face the proposition of an empty treasury in the Highway Department of state funds and an indebtedness against future state funds of three and a half million dollars; and the problem of matching the federal funds, despite the empty and debtladen highway treasury or loss of federal funds.
This was a gigantic undertaking. It necessitated night and day work at fever pitch from the time the new highway board went into office until July 1, to save these federal funds. It

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necessitated the Highway Department anticipating future state highway revenue for matching purposes to avoid losing some of the federal funds. Counting three and a half million dollar indebtedness against state funds, that was left over by the last administration, naturally in order to match these federal funds the State Highway Department had to further anticipate state funds for this matching purpose in order to save these federal funds. And, because of this dilemma, the Highway Department had to increase the indebtedness of state funds to the extent of matching the money from the Federal Government, which run the indebtedness in excess of four and a half million dollars. However, the money was matched and both the matched funds and the other federal funds not necessary to match, which had to be spent by July 1, or lost, was contracted, and Georgia lost not a single penny of its federal funds.
Many said this was an impossible undertaking in the plight the State Highway Department was in, and even the federal officials themselves expressed the opinion we would not be able to do the job. Nevertheless, it has been done.
In addition to the foregoing emergency, the new State Highway Department found that the amount paid the counties by the last administration in county contracts, preserved to help them maintain their chain gangs, was so inadequate that the counties were having to levy heavy local taxes to help maintain their chain gangs, and many of them were being forced to abandon their chain gangs. In an effort to help the counties, the State Highway Department increased the allotment per convict to the counties from 75, under the old administration, to $1.00, and the price for work done was increased at a ratio illustrated by increasing the price for moving dirt from 18 per yard, under the old administration, to 25 per yard. Meanwhile, with an empty treasury on state funds and the three and a half million dollars worth of debts against state funds, the Highway Department faced the proposition of finding state funds with which to help the counties carry on this convict contract work.
Meanwhile, the third task was in providing sufficient funds for maintenance in view of the neglect of maintenance of roads by the last administration and the type of roads constructed

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by that administration, and the increase in maintenance costs attendant thereunto, so that, with an empty treasury on state funds and three and a half million dollar debts contracted against future state funds, the State Highway Department was faced with the proposition of finding means of financing this exceedingly high maintenance demand.
In addition to these problems many state aid roads, that had to be paved exclusively from state funds, had had grading and base work done on them that was washing away and which would be lost unless paving was immediately put on them. Financing the paving of these particular state aid roads had to be from state funds; with an empty treasury on state funds and three million and a half dollars of debts outstanding against it on state funds, the new Highway Department faced this added problem. However, the new Highway Department has faced these problems courageously and with state funds coming in during the time they have been in office and, with economic and efficient administration, they have kept the county contract work going, they have kept maintenance work going satisfactorily, they have carried on the work of paving these state aid roads that were going to ruin, they have matched the federal funds and have done all this with only a comparatively small increase in the indebtedness of the department against state funds.
While it will take time to work out of the indebtedness left against state funds by the last administration and meet the emergency expenditure of state funds necessary to carry on federal matching, county convict work, paving of state aid roads, and maintenance, the Highway Department feels that it will be able to do this without a slowing up to any appreciable extent of the highway maintenance and construction program, and finally pay off the debts against the state funds if its revenue now flowing to it remains substantially intact.
In this connection be it remembered that we are levying a six cent tax on gasoline. Of this six cents, one cent goes to the counties for the school equalization fund, one cent goes to the counties to retire county road bonds, one cent goes to the counties for secondary road work on the basis of their State Highway

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mileage; and one cent is devoted to county convict contract work on state aid roads. This leaves only two cents of the six cents per gallon left unhampered or unentangled for the State Highway Department to carry on its own construction and maintenance. Our normal federal funds that have to be matched are three and a third million dollars. The approximate amount received from each one cent gasoline tax is three million dollars. Therefore, it requires slightly more than one cent of the two cents remaining to match federal funds, than we would otherwise lose if we did not match them. All of the federal funds and the funds we use to match them of three and a third million dollars can only be spent on federal aid highways. The remaining unpaved portion of the federal aid highways is approximately one-seventh of the remaining unpaved roads in our entire state highway system. Of the remaining one cent, not used to match federal funds, we must spend a portion to supplement the maintenance funds received from the three dollar tag. When that is done there is left slightly less than one cent to pave the state aid roads not in the federal system and to grade and pave those state aid roads not being graded by county convict contracts. It is, therefore, obvious, especially in the condition in which the last administration left the state funds in the Highway Department, that the Highway Department cannot carry on without loss of federal funds and neglect of maintenance and construction of state aid roads, unless the money now going to it is left reasonably in-tact.
In addition to the other problems facing the Highway Department, the department was disorganized in personnel, the engineering staff was reduced to such a point of inefficiency that the Federal Government could not work with it, a1:1d the wages of common and semi-skilled labor was reduced to the point where the morale of this group was destroyed; the whole department was in a state of confusion and disorganization.
In order to resume normal operation with the Federal Government it was necessary to meet their requirements in the number of highway divisions in the state to give adequate preparation to plans and specifications and supervision of construction. We met these requirements by increasing our divisons from three to seven. We met the wage problem in the lower brackets

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by increasing wages approximately 30% to put this class of personnel on a reasonable basis in keeping with wages paid by local industry.
Despite increasing the divisions from three to seven, and despite increasing the wages of the common and semi-skilled labor in line with local industry, the cost of administration of the affairs of the Highway Department for the first six months of its operation in 1937 was 1.68% as compared with 1.73% for the year 1936 under the last administration. This is a record of economy and efficiency that has caused our Highway Department to stand at the head of the list of the states of the entire union in economy and efficient administration. It has been the marvel of both the federal authorities and the people of the state that it has been able to do its job promptly, efficiently and economically under the handicaps under which it went into office.
Heretofore there had been such unrest and lack of confidence in the Highway Department by the people of the state by reason of favoritism and dictation from the Governor's office and other practices not necessary to detail. Delegations were forced to make repeated calls to the State Capitol, at expense to the local taxpayers, begging for roads for their counties and promising political favors in return for roads. The new Highway Department ended this situation promptly by adopting the policy of giving to every county its part of the highway funds without the necessity of either begging for them or promising political favors in return for them. By this policy the Highway Department is evening up the neglect in counties that had been neglected and is building highways on the basis of merit. I am advised by the State Highway Department that there is not a single county in Georgia but what has had funds allotted to it for highway work, and in most of the counties actual work has been and is now going on.
In an effort to establish the merit and priority with which highways should be constructed in the state, we have been able to induce the Federal Government to initiate, and largely pay for, out of its own funds, a four-year planning survey, taking a traffic census of all the highways in the state, including the

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state system, the county system and the rural routes, and showing on mappings thereof the location of improvements and public buildings with a view to actually determining the roads which are most used and most needed by our people, so that they may be given merited preference in construction. This planning survey, if followed, will result in a more intelligent administration of the highway funds of the state on the basis of merit to the people of the state. I do not think I overstate it when I say the confidence of the people has been restored in their Highway Department and that it is carrying on its work in a capable, satisfactory, efficient and economical manner.
RURAL ROUTES
The rural route program of the Highway Department, authorized by you at your regular session, is the first effort on the part of the assembly and any administration to have a comprehensive program for the construction of these rural routes, so essential to the transportation of mail and the school children of our state. As with all new undertakings, it has been difficult to initiate and slow to get started. These difficulties have arisen largely by reason of the fact that we are having to work out policies and projects with the Federal Government and reach accord with them in this new field,-at a time when all of them were worked to death to catch up the neglected program on our main state and federal aid highways to prevent loss of federal funds to us. It has also been made more difficult by reason of the disappointing amount of revenue realized from the maintenance tag to support the program.
The State Highway Department has gone forward with making surveys, plans and specifications, and has submitted them to the Federal Government for their approval. They have approved three projects, and we anticipate the approval of about twelve more this week, to make a total of about fifteen projects that should be started immediately.
We have had a great deal of difficulty in establishing a policy with the government on the question of construction of these roads as between the counties doing the work and it being let through public bids to private contractors. The flow of these projects, by reason of limited funds and the large number of

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counties, naturally will be in small sums and short spans. It has been our contention that in constructing short projects of this nature that the expense of a contractor, having to move his machinery and organization into a county on such small jobs, and then out again, that they could not construct the rural route roads as economically as these roads could be constructed by the counties, in most instances. The Federal Government, of course, will not permit the working of convict labor on these projects; but we have insisted that the counties had expensive equipment with which to do the work, in many instances, and that it would be of benefit to the counties to let them use this equipment and employ free labor and, by doing this, the projects could be let more economically and, at the same time, give the counties and the taxpayers the benefit of whatever profit there is in the work. The Federal Government has been slow to accede to this. They doubt the wisdom of it. They have agreed this far, however, that bids will be taken on each project, and then, if the prices bid are not satisfactory, we will go into the question of letting the counties do the work in each instance.
Those of us who remember how slow and how much hard work was involved in getting our original state aid highway system started are not inclined to be impatient with the slowness with which we are getting the rural route program initiated. Just as with our state aid system, so with our rural road system. When we get it started, it will gradually expand until we will be getting liberal aid from the Federal Government. I believe the rural route program should not be abandoned, but that we should keep hard at the task of getting it in operation and expanding it. I am preparing a campaign among the other governors of the states to induce these other states to join with us in insisting that the Federal Government provide funds for the complete maintenance and construction of rural routes; since it is over these United States post roads that the Federal Government carries its mail, this is primarily an obligation of the Federal Government. I have every confidence that in the course of a few years the rural route program will be even larger in scope and expenditure than our state aid and federal aid highway systems.
Another problem that has entered the highway picture is that

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under the federal law, known as the Hayden-Cartwright Bill, when a state diverts any of its highway funds after the date fixed in that hill, June 30, 1935, as I recall, that state loses a proportionate part of its federal funds as related to the amount of the diversion. The operation of the federal law on our federal funds for Georgia levied a penalty of approximately a million dollars against Georgia's federal highway funds, because of the diversion of the approximate three million dollars of highway funds made by the last administration. When I was notified of this penalty, I went to Washington and talked with the federal authorities and pointed out to them that, while the last administration had diverted these funds, this administration had not made any diversion, hut to the contrary had supplemented our highway funds with the maintenance tag tax. I was told that despite the fact we had done this the penalty would have to be levied unless we specifically provided that this maintenance tag tax money would go to repay this diversion. I succeeded in getting the penalty suspended until the General Assembly convened by assuring the federal authorities that we would write into the law that this maintenance tag tax money would go to repay this diversion, thereby eliminating the penalty.
I recommend, therefore, that you write that prov1s10n into the maintenance tag law in order to escape this loss of a million dollars of federal funds to our State road program.
When you have written into the law that the maintenance tag money goes to repay this diversion, in order to avoid this penalty, it will then be necessary to make some provision for financing the rural route program other than the maintenance tag tax. In the light of this, I recommend that you amend the state highway law to authorize the state highway board to set aside any funds it may have on hand for such purposes to match any federal funds that would be available for rural route construction, so that we may carry on the rural route program pending the time the diversion may be repaid by the maintenance tag tax.
I believe these two provisions will enable us to escape the penalty and let us carry on an uninterrupted beginning of the rural route program. I will do my utmost with these two amendments to the law to accomplish this end.

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MAINTENANCE TAG
The maintenance tag to support rural routes, as passed in its final form, is, in my opinion, inequitable. I believe that its schedule of fees should he revised so that those of the large operators not now paying their just part will be forced to do so, and those of the small operators now paying too much may he proportionately relieved. While there is considerable difficulty in writing a fair schedule of fees, I have every confidence that the Legislature will be able to do it and I will help you every way I can.
Strictly speaking, the pickup trucks should probably not be eliminated from the maintenance tag tax. There are more pickup trucks in the cities and towns than on the farms and to eliminate them entirely will certainly not he in favor of the farmer. Yet, all in all, for a satisfactory operation of the law it may he well to eliminate the pickup truck entirely from the maintenance tag tax and to revise the law with reference to trucks engaged in hauling agricultural products. I, therefore, recommend a revision of schedule of fees on maintenance tags and that the maintenance tag and identification tag he combined so that only one tag will he required.
When I signed this hill I told the people, in my opinion, it had some injustice in it, and I was only signing it because I did not want to abandon the rural route program, and that at this session I would urge you to revise it. I am making this recommendation in keeping with my promise to the people of Georgia, and I trust you will carry it out. In an unofficial call of the General Assembly, held at the Henry Grady Hotel after the last session, I inquired of you as to whether or not the members would cooperate with me, and many of you assured me that you would. I, therefore, have every confidence that you will do this.
MILEAGE TAX
The levy of a mileage tax, if it could be uniformly enforced and economically administered, is the fairest manner in which to care for the maintenance of the highways. Yet our experience with it has been that it is so impossible and of such excessive cost in administration that it is impracticable. Unless a more practi-

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cable and economical system can be evolved than I have been able to figure out in my own mind, I believe it would be better not to have a mileage tax for intra-state trucks and buses, but to rely on the revision of the maintenance tag tax. That is not a set recommendation but is my best judgment with what information I have been able to gain.
There should be some way of reaching out-of-state haulers on an equitable basis-those who make occasional trips through our state. These out-of-state trucks and buses usually have subtanks, with which they carry supplies of gasoline from one bulk station to another and seldom buy any gasoline in the state. If you force them to buy a maintenance tag, their states enforce reprisals on our haulers and force them to buy tags in other states, and they usually are higher than our maintenance tag. This causes confusion and expense. You, therefore, cannot apply the maintenance tag to the out-of-state trucks and buses to any degree of satisfaction. Some of the states have established an inspection of out-of-state trucks and buses at the state line and collect mileage tax from them at the state line for the mileage their invoices show will be made on the trip.
I recommend that you establish a reasonable mileage tax on out-of-state trucks and buses hauling casually through our state. To enforce this I recommend that you establish at the essential main arteries of travel entering our state a stationary patrolman, under the same civil service that you apply to the state highway patrol, and to be a stationary auxiliary to the state highway patrol in the enforcement of law at these main entries. These stationary patrolmen to collect the mileage tax on these trucks and buses and remit it to the revenue commission; they to be paid by the revenue department stipulated salaries from the proceeds of the tax thus collected. I further recommend that these stationary patrolmen be authorized to enforce the laws as to weights and measurements of trucks and buses and to cooperate with the highway patrol in the enforcement of the law against crime of those entering the state at these points. These patrolmen, being stationary, of course would have no traveling expense or authority to engage in patrol duties other than in a stationary manner at these points.

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AUTOMOBILE LICENSE TAG
I recommend that the distribution of automobile license tags be placed with the county tax collectors as a matter of convenience and economy to the people and that distribution fees be paid the tax collectors to adjust their compensation in the light of the contemplated home exemption law. I further recommend that the tax collectors be required to account for the sale of these tags direct to the state revenue commission, and that they be required to furnish information as to the description and ownership of the cars to the department of public safety to insure identification of the cars when needed for any purpose.
There has been much discussion about the lowering of the price of the tag, especially on small used cars. There is considerable argument in favor of doing this and in favor of graduating the scale of the tag so as to decrease the price to the small car operators and increase the price to the large car operators. In the event you see proper to revise the schedule in this manner, I suggest you arrange this revision to where there will not be any loss of revenue for maintenance purposes from the automobile license. In the light of the fact our laws provide that the tag on automobiles is for identification, maintenance and regulation, there is considerable logic for graduating the tags for the larger cars because the expense of maintenance is slightly higher with respect to their use of the highways.
I recommend that the tax collectors be given the distribution of the truck and bus maintenance and identification tags, as well as the automobile license tags for the same reason.
It is unquestioned that if one owner of an automobile, bus, or truck, should return his car and pay ad valorem tax on it, all owners of automobiles, trucks and buses should return their cars, trucks and buses and be required to pay ad valorem taxes on them. Alabama has experienced a quite satisfactory means of forcing a return of all trucks and buses and payment of ad valorem tax by making it a prerequisite to obtaining a license tag. In the light of their experience, I recommend that you require at least the return and assessing of automobiles, trucks and buses, with tax receivers, or commissioners, as a prerequisite to delivery of a license tag for the car, truck or bus. In the light of

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this requirement, it makes more necessary the distribution of the automobile, truck and bus license tags locally.
For the sake of unifermity of assessments on automobiles, trucks, and buses, it has been suggested that the blue book valuations be used as the basis of the assessment. I, therefore, recommend some such uniform standard be fixed in the law so that we may have all taxpayers on automobiles, trucks and buses paying on a uniform basis.
HOME, HOUSEHOLD AND KITCHEN FURNITURE EXEMPTIONS
The people of the state in laying the foundation for tax revision have by their vote said that they want some tax taken off when revising the system. They voted down a provision that this taking off of taxes come through over-all limitation on all real estate. They voted overwhelmingly that the taking off of taxes be through home and household and kitchen furniture exemptions.
I, therefore, recommend to you that you pass enabling acts necessary to put into effect the exemption of owner-occupied homes at $2,000 and household and kitchen furniture and domestic animal exemptions at $300, and that the enabling acts, providing the machinery for setting aside these exempted properties, making a description thereof open to public inspection, and providing strict regulations and penalties for the practice of fraud in seeking to impose upon this exemption where not entitled to it. I recommend that at the outset the exempted properties be on the basis of the 1937 appraisals, so that the people may actually and promptly receive the exemption they have been promised, and for which they voted. Thereafter I recommend that the manner of appraising the exemptions be through the same machinery now provided, or as you may provide for assessing property for taxation, so as to avoid duplication in appraisal machinery.
I think these exemption enabling acts should be enacted ahead of the tax revision program, so that we can keep faith with the people in taking off some tax through the revision. By the passage of proper enabling acts to these exemptions, you will take off approximately six million dollars ad valorem tax from the

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people on their homes, household and kitchen furniture and domestic animals. Slightly more than five million dollars of this will be taken off through relief of local school and county levies and slightly less than a million dollars will be taken off through state levies on this property, making a total of approximately six million dollars of relief through these exemptions.
Under the constitutional amendment, I am advised that we must start the exemption of homes at two thousand dollars, and I know. the people in voting thought they were voting for two thousand dollar exemptions, because the issues were fought on that basis, both by the people sponsoring these measures and those opposing them. I do not think it could be legally started at less than this amount, and I do not think we would be morally keeping faith with the people unless we do start at this amount.
These enabling acts should be, in my opinion-and I so recommend, the first step you take in tax revision. Having eliminated the necessity of the levy of four million dollars of local school tax, by reason of the operation of the seven-months school term, and then providing these exemptions, we will take off of the people approximately $10,000,000 in ad valorem taxes; $6,000,000 of it on the home and household and kitchen furniture, and $4,000,000 of it on property ad valorem tax generally.

INTANGIBLES
The second step in tax revision that I recommend you take is to pass enabling acts for the classification of intangibles in line with the constitutional amendment voted by the people, giving you this authority. By the writing of an intangible act and provision for the distribution of funds derived from this source of tax~~ion, you will have disposed of the second step in the tax revts!On program.
In view of the fact that there are some special constitutional provisions, with reference to levies on the part of some of our subdivisions, and that the policy of the law is to reconcile the different provisions of the constitution on the same subject matter, it is thought by those who have studied the question that in the classification of intangibles it will not be legal to fix a maximum tax rate on them but that it is proper to fix a maximum assess-

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ment rate on them. In view of this legal proposition, I recommend that you enact enabling acts on this constitutional amendment on an assessment basis, rather than on a maximum rate basis. In doing so, I suggest that you make the assessments sufficiently low to derive only the just share of taxes from this class of property and sufficiently low to where the tax on this class of property cannot justly be assigned as an excuse, or reason, for people withholding this class of property from the tax digest, or removing it or themselves beyond the state.
By writing the intangible tax law on the assessment tax on this property will automatically adjust itself and there will be no need of a distribution feature of the law.
Should you differ with this recommendation as to classifying and fixing assessments, rather than on rates, and should you take the view you should fix a maximum rate, rather than assessment, I recommend that the intangible tax wholly, or at least the greater part, be given to the counties and municipalities to assist them in making up for the loss from their digest through the exemption proposals. The cities lose only the household exemptions.
Through the counties and municipalities receiving all, or the bulk, of the intangible tax, and through the enforced and uniform assessment of automobile, trucks and buses, they will have considerable additional revenue flowing to them. In addition to this we propose to further make up the loss in revenue from the exemptions, to the counties by benefits of the rural route pro,. gram, by continuing the increased price county contracts from the Highway Department to help them support their convicts, and by final normal operation of the social security program to relieve them of the support of the poor houses and paupers.
ALLOCATIONS
Since we have such a large proportion of our budgets based on allocations, and since these allocations are proving satisfactory in operation to the people, it seems impractical to abandon the system of allocations.
While I realize that, strictly speaking, from a budgetary standpoint that all moneys should be placed in the general treasury

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and appropriated out of the treasury by stiffiy set sums, rather than by allocations; still I do not believe it is practical to do this in Georgia at this time. Allocations do have the virtue of showing the people for what purpose a tax is levied and what specific
governmental service is rendered with this specific tax. It also
has the advantage of enabling the strict account of both the amount and cost of administration of the tax levied for the specific purpose.
In view of the fact that we have such an extensive allocation of the major part of our revenue, I recommend that we keep the allocation system and make our budget conform uniformly to allocations. In other words, either we should not have any a1locations or we should have complete allocations.
There will be attached to this message a suggested program of allocations of our revenue to do this budget job in this manner. From this schedule you will see that sufficient funds are being derived from present sources of taxation when allocated to present governmental services to fully pay our budget, with the sole exception of the educational program. By this completed system of allocations we will reduce the whole revenue problem of the state down to the one proposition of financing our educational system. I believe this to be desirable, both on the part of the Assembly and the people, and I so recommend it.
The completion of the system of allocations I recommend to be the third step in your tax revision program.
In any system of allocations, either as far as we have already gone in that connection, or in carrying the allocations to the complete budget, it is essential that there be established a treasury stabilization fund. This is necessary for the reason that allocated funds fluctuate and do not evenly jibe with the appropriation desired. I, therefore, recommend that a "treasury tithe" of 10% be established on all funds coming into the treasury, and that this constitute a treasury stabilization fund to be used in causing allocations to meet, and only meet, the appropriation fixed by the General Assembly. We now have a semblance of such a stabilization fund through the 3% retention from the 100% collections, but this is not sufficient for sound financing. I believe that 10% is sufficient and I recommend that it be fixed at this amount.

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By the establishing of such a stabilization fund, we would, in my opinion, in no way jeopardize any governmental activity supported by allocations but, on the contrary, would stabilize these activities.
Our revenue comes into the treasury unevenly and spasmodically. There are peaks of the year when we receive large amounts of revenue into the treasury and there are valleys in months when we receive scarcely no revenue into the treasury. Yet our budget requirements are pretty well uniform the year around. The treasury tithe stabilization fund would, in my opinion, entirely solve this problem. We have been trying to solve it by providing an impounding of funds from one department for a short period, but this impounding has not proven either satisfactory or fully effective. I, therefore, recommend the setting up of this "Treasury Tithe" stabilization fund as the fourth step in your tax program.
INTER-DEPARTMENTAL DEBENTURES
Our Eleemosynary Institutions must have a building program. This program is a capital investment and not an operating expense. We can hardly levy additional taxes for such a .program to get the fun~s in hand immediately, yet the need is most acute. You levied a chain store tax last session for this purpose, but the revenue has been terribly disappointing. Whether you finally finance this building through the chain store tax or some other tax, the money will not be immediately available, yet the building program must start. To meet this and any future similar situation, I recommend that you authorize the issuance of interdepartmental debentures, whereby one department may issue debentures against a definitely allocated fund for the amount of revenue anticipated from that source for one year in advance, and discount this debenture with another department that may have funds it will not immediately need. Other states have and are successfully using this plan in meeting similar emergencies, and saving interest that would have to be paid private institutions on loans. It is especially important to have this debenture provision if we are to finance a repair and building program for our eleemosynary institutions over a period of time, rather than to undertake raising the money all at one time for that purpose. In

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the light of the fact that we do not want to levy additional burdens on our people after payment of the present appropriation bill 100%; it is best for us to undertake to finance the eleemosynary building program on an extended building basis. This building program must be financed. We cannot afford to run the hazard of epidemics breaking out among our insane people and other unfortunate charges. While this is not an operating expense, but is a capital investment expense, it cannot be neglected. Only by the debenture plan do I see a means of meeting the situation without levying a tremendous additional burden upon our people at one time. We can, by the debenture plan, anticipate the revenue twelve months in advance of whatever fund you allocate to this purpose, and let some department of the government, which has excess funds on hand, hold these debentures for twelve months until the anticipated revenue comes into the treasury. Meanwhile, we can carry on the building program so direly needed.
I recommend this inter-departmental debenture plan be enacted as the fifth step in tax revision.
EDUCATIONAL REVENUE MEASURES
After completing the system of allocations down to the point of allocations for the educational appropriations, if the state ad valorem tax is retained, there will be a future annual deficit of approximately four million dollars necessary to be raised if we pay the appropriations to the common schools and the University System 100%. Some estimate this deficit at five million dollars; I estimate it at four million dollars. Of course, there are so many factors entering into estimates of revenue that a variation of a million dollars on a forty-four million dollar budget is quite possible. This fiscal year, however, we have a carry-over of approximately two million dollars from the short fiscal year we established ending last June 30th. Therefore, the deficit to pay the appropriations bill in full this year, in my opinion, will amount to only two million dollars. As in the case of future deficits, so as to this year, there are those who estimate that there will be three million dollars to raise instead of two million dollars to pay the appropriations bill in full.
We can clarify the situation considerably if we remember that

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the beer and wine tax, as it now stands, will finance the free school book program and we can forget that item. Then, if we will raise the beer tax a bit and slightly revise the wine tax schedule, I believe we can take care of the additional item for the common schools to pay for teachers for these two hundred thousand extra children brought into school by the free school books. I recommend that you handle this in this manner, so that, with the beer and wine tax, we may take care of both the free school book problem and the needed extra money for these teachers. This will resolve the problem down to the question of raising two to three million dollars of revenue to pay the appropriation to educational institutions in full this year and four to five million dollars to pay the appropriations bill in full in the future years.
How you pay the appropriations to education depends upon whether or not you want to retain the present ad valorem system of taxation for state purposes.
Dr. John W. Martin, a native Georgian and for years a resident of DeKalb County who helped write the new Kentucky tax system for Governor Chandler and the General Assembly of that state and who is at the present time Tax Commissioner of Kentucky, has been working with us on tax revision in this state, he has made me a preliminary report in which he tells me that revenue increases aggregating about $4,000,000 can be realized by administrative reorganization of the ad valorem tax system and by revision of certain special taxes. By this administrative reorganization he suggests placing of state tax collections under one management and effecting economy through civil service of employees. He likewise suggests revising assessments procedure; the providing of a uniform cooperation license tax rate schedule on an asset basis with the present minimum tax, and approximately the present rates; the revising of our inheritance tax and revising and adding some minor tax measures probably affecting non-essentials and luxuries. He likewise recommends reworking the chain store tax as a part of his estimate in raising this revenue. I think we would have to eliminate the chain store tax from consideration in this behalf if we want to use the funds from it as a basis of a building fund for the eleemosynary institution. Unless we can get this building fund from some

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other source, it seems desirable to use the chain store tax in whatever form you retain it, to furnish at least a temporary building fund for these institutions and let debentures be issued against the anticipated revenue from this source a year in advance, to obtain such funds as could be spared from other dep~rtments to enable us to meet the dire emergencies that exist.
In other words Dr. Martin would retain the present state ad valorem levy, would revise the tax assessment machinery so as to bring property on the digest not now paying ad valorem tax, and secure more uniform assessment on property paying too little ad valorem tax, and a consolidation of the tax collection agencies of the state government under a tax commissioner with the elimination of all possible duplications and economizing at every possible point; this plus revenues of a special tax nature he says would finance the program. The tax committee appointed by the General Assembly recommends substantially the same procedure as its preference. There will be attached to this message the report of the legislative tax committee for your information. Should you decide to adopt this method of financing the educational program, I suggest that we call it for the sake of ready reference the "Martin Plan" and that you begin immediately to reorganize and revamp our present ad valorem laws and the enactment of these minor specific tax measures. It must be borne in mind that under the "Martin Plan" it would take a year or more for the effects of the consolidation and tightening up of the ad valorem machinery to bring in the added revenue he expects. This time element could be stepped up a bit if in the course of the reorganization of the ad valorem machinery and state tax collection agencies, provision is made for quarterly payments of the ad valorem tax instead of annual payments. This would also be a convenience in my opinion to the taxpayers generally. I suggest that if you adopt the "Martin Plan" of financing this part of the program that you provide these quarterly payments as a part of it. While it will take time for this plan to raise the additional four to five million dollars, the two million carry-over from June 30th would probably enable us to make up the immediate difference, pending full benefits from his plan.
The other method of financing the educational system sug-

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gested by Dr. Martin and others skilled in tax revision provides that we abandon the state ad valorem tax in toto, thus taking off an additional approximately $5,000,000 taxes and substituting in lieu of the state ad valorem and to make up the additional revenue. needed, a gross income, a retail sales or a gross receipt tax that would raise approximately $11,000,000. The advantage of this alternative plan would be that the state would not be concerned with assessments of ad valorem property and this field of taxation would be left entirely with the local county, municipal and school governments to handle, and would enable a further reduction of ad valorem tax on real estate and chattels. The alternative plan would provide a "privilege" tax to reach the out-of-state owners of real estate. I have always wanted to abandon the state ad valorem tax because of the difficulty involved in securing uniform assessments not only between the counties but the taxpayers in the county. I have always wanted to make real estate profitable as an investment because without real estate as an attractive investment, no people can be permanently prosperous because real estate is the basis of all the wealth there is in the world. However, I am willing to cooperate with the General Assembly in whichever of the two plans you adopt so long as sufficient money is raised to pay the present appropriation bill in full. I suggest that as early a time in the session as possible, at least by next week that we have a joint meeting of the ways and means committee of the House and the finance committee of the Senate and invite Dr. Martin and others who have been working on this matter to appear before the committee, and try to determine which of the two plans the Assembly wants to undertake. Then concentrate on that plan and discard the other plan; in other words let's decide early in the session whether or not we want to abandon the state ad valorem tax and go to some other field. With that question decided we can concentrate and accelerate the tax revision program. This step would be the sixth step in revising the tax program. The sixth step will involve the most difficult procedure and the other steps in the tax revision program should be enacted in advance of the sixth step. They will be necessary regardless of which of the two alternative methods we adopt in the sixth step.

MoNDAY, NovEMBER 22, 1937.

61

CIVIL SERVICE AND ECONOMY COMMISSION
What~ver plan of tax revision we enact we should economize at every possible point both in the collection and in the administration of tax money. This economizing requires intelligent and skilled study. I have asked the State Planning Board to make a survey of all the departments and institutions of the state government with a view to recommending economies for us to put into effect. I would like for the Assembly to create a Commission composed either of legislators or of legislators and citizens to work with the Planning Board in this behalf. I want to economize at every possible point where we do not sacrifice either efficiency or necessary governmental service to our people. I will go 100% with such a program of economy. I welcome every bit of constructive help from any quarter that will bring about more efficient and economical government.
Let me again remind the Assembly that we cannot have either the economy or the efficiency in the State Government that we should have unless we have some form of Civil Service or merit system. The haphazard and strictly spoils system of patronage makes for extravagance and waste. I have talked to you so much about this in previous legislative conferences until I do not wish to burden you with a further repetition of it in this message. Suffice to say that I again recommend to you as a means of economizing and bringing efficiency into the government for the benefit of the three and one-quarter million people who can and never will hold state positions, but who have to pay the tax to support state employees, that we should have a merit system of employment of those who work for the state government.
LAST SESSION STOP-GAP MEASURES
At the last session of the Assembly I told you that the revenue measures that we were enacting were stop-gap measures only; that we could not have tax revision until we first determined what tax the people wanted to take off by their voting on the exemption of homesteads and household and kitchen furniture; that could not be determined until the general election on June 8th, after the session adjourned. I told you we would have to have a special session devoted largely to tax revision in order to do a good job of it. I told you that I thought we had provided for raising

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approximately $18,000,000 of revenue on the basis of the measures enacted at the last session and considering the ad valorem system as it stood. I told you you could get the extra $2,000,000 in various ways, one of which was taxation of liquor. Since that time the people have voted down the liquor tax. Neither were these other minor measures, such as the "Dugas bills," passed to provide this $2,000,000. Therefore, we still need, in my judgment, this two million dollars; although some estimate the need at three million. However, I told you then, and I tell you now that I am not asking for any additional taxation beyond enough money to pay 100% the appropriation bill we passed. With the sole exception of paying the teachers needed for these 200,000 extra children; and providing a reasonable amount of money to take care of the plight of the eleemosynary buildings. This last item we thought we had provided for with the chain store tax, however, the chain store tax has proven extremely disappointing in its revenue to date, as I have said. Hence this session is not an addi tiona! tax session. It is a tax revision session, and a session to pay 100% only the present appropriation bill.
SPECIAL APPROPRIATION
In passing the Chain Store Tax Bill at the last session, you allocated the funds to the eleemosynary institutions for repairs and buildings. You also allocated the forfeiture of the Dixie Cold Storage Company to the Radio Commission. Inadvertently the inclusion of these items in the appropriation bill was overlooked. It is necessary under the law in order to allocate funds to appropriate them. Therefore, it will be necessary to pass special appropriation bills to meet this technicality on these allocated funds.
I also suggest that you allocate and appropriate the excess funds realized from the Contractors Board to the radio commission. The radio commission has been unable to function to any extent by reason of the fact that we could not have available these allocated funds because of the neglect to appropriate them.
However, we have organized the commission, have made the preliminary step to get our commission recognized by the Federal Communications Commission and established our relationship with them.

MoNDAY, NovEMBER 22, 1937.

63

We have also gone into the present contract status of present radio station WGST in a preliminary manner. The time is ripe, in my judgment, to press for an expansion of power of this sta_: tion and make it a really great station. In order to do this funds must be available with which to make application, get up engineering data, secure representation and follow through on getting the expansion. I talked this matter over with you in pre-legislative conferences before the regular session, and I know you are fully cognizant of this station and the work of this commission. I am, therefore, recommending these special appropriation bills along this line.
You will recall that the last administration left the Board of Control $300,000 in debt for which you passed a special appropriation bill and we have paid this debt up in full. You will also recall that a large indebtedness was left against the Agricultural Department and against the Military Department by the
last administration. It may be necessary at this session to pass
special appropriation bill to furnish authority for payment of the indebtedness against these two departments.
There was likewise an indebtedness against the Game and Fish Department which the new Wildlife Division has assumed. This debt will be paid out of the revenue from the Game and Fish licenses and will not have to be covered by a special appropriation. Although the last administration left a surplus of funds in the treasury, it left more debts than it left funds on hand. This administration has paid a total $3,427,024.96 of debts left over by the last administration. This does not include indebtedness left against state funds in the Highway Department, nor does it include the indebtedness against the Agriculture Department, the Military Department or the Game and Fish Department. We have not been able to pay either the debts against the Agriculture Department or the Military Department as yet. We have made partial payments on the debts left against the Game and Fish Department. These two special appropriation bills with reference to these debts will lay the foundation for payment of these hang-over debts from the last administration. We also need a special appropriation for the money to pay these teachers of these 200,000 extra children.

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TATTNALL PRISON AND THE PENAL SYSTEM
You set up a legislative committee to assist in taking over the Tattnall County Prison. This committee will make its report to you, and through its efforts in cooperating with the Prison Commission and the Federal Government, we have finally taken over this Prison. In taking it over, it presents quite an administrative problem to the state. In my opinion, if the prison administration is separated from the parole system and placed under an administrative head responsible for its operation, with liberal provision for furnishing products of such industries as we can install there and the products of the farms there, to the various departments and institutions of the state, we can soon make the Tattnall Prison self-sustaining. Unless such an administrative setup is made, it will be necessary for you to pass an increased legislative appropriation for its operation.
Our prison problem has been acute. It has caused me no end of worry. Our escape problem headlined the papers of the nation for weeks and only by arbitrary and extreme measures did we end it. The reputation the state has among its neighboring states is valuable just as the reputation a person has among the neighbors of the community in which he lives. As a result of unfavorable national publicity given Georgia chain gangs on the moving picture screen, in books, in the press and over the radio, Georgia has had a very unenviable reputation among our sister states about its prisons. Realizing this, when I was nominated Governor, I made a trip to Washington and asked the Prison Industries Board there to make a survey of the prison system of this state, and make recommendations to us as to what we could do to modernize our prison system, get away from the bad reputation that has been given us and secure more economical administration of our penal system. I found two native Georgians on this Board of five members. They gave me a very sympathetic hearing and finally authorized the survey. This survey has been completed and a copy of it will be attached to this message for your journals and for your information. I will have sufficient copies furnished the presiding officers of the House and Senate to give a copy to each member of the Assembly. This survey cost thousands of dollars paid for entirely by the Federal Government and contains much valuable information.

MoNDAY, NovEMBER 22, 1937.

65

I hope you will preserve the report. It will he fine for future reference in your library at home.
Following this survey, I called a meeting of the Judges of the City, County and Superior Courts and the Solicitors of the City, County and Superior Courts of the state to discuss our prison problems with the legislative committees and federal authorities. From that state-wide meeting a sub-committee of Judges and Solicitors representing each congressional district was appointed to work with the legislative committee in drafting emergency prison and parole legislation. We realize that it is impossible to go into all of the ramifications of solving our prison problems in this extra session. There are, however, certain emergency measures that can, and should he passed to lay the foundation for a full and final prison program at the regular session in 1939. The legislative prison committee and the committee of Judges and Solicitors have drafted hills which I recommend to pass as emergency measures at this time.
I am especially anxious to have the word" chain gang" abolished in our statutes, and in lieu thereof the word "public works camps" carried. This will enable us to advertise to the world that we have abolished our chain gangs and get away from the burden carried by the name chain gang.
The Tattnall Prison is such a tremendous institution until it will either run us into debt in its operation or become an asset to us in its operation. I believe the administrative measure proposed by your legislative committee on prisons will go a long ways toward making it an asset.
The question of paroles and probations involves an opportunity for a tremendous saving both for money and in human values. The survey shows that 70% of those in prisons are first offenders. Under a proper system of supervision many of these first offenders could he paroled. It costs approximately $365.00 a year of the taxpayer's money to maintain a prisoner in the penitentiary. It costs only $40.00 per year of the taxpayer's money to supervise a prisoner serving his time on a parole. Every prisoner who is paroled is, therefore, an annual saving of $325.00 per year to the taxpayers. The reason there is a great hesitation on the part of conscientious officials to parole even first offenders,

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is because of lack of supervision of those under parole. With the Prison Commission undertaking to administer the penal system and the parole system, it is impossible for any Prison Commission to do a good job of either. Practically every state that has modernized its parole and penal system and put it on an economical basis, have separated the parole duties from the penal administrative duties. The present Prison Commission if given the right kind of parole law and authorized to maintain the right kind of parole supervision could administer a fine parole system that would save the taxpayers thousands and thousands of dollars annually and also rehabilitate thousands of young lives who are first offenders. As it is now, they do not have time to consider any cases except those that are pressed by the prisoners that are able to exert political influence and hire lawyers. The Prison Commission, if left to administer a parole system, could canvass the inmates in the penitentiary person by person and parole those who ought to be paroled, who are not able to hire a lawyer or to bring political pressure. They could likewise supervise these paroled prisoners in such manner as to prevent for most part their coming into court again. I hope that bills looking to this end as recommended in the report and in the legislative committee's deliberations may be given favorable consideration. With the Prison Commission actively administering a parole system and actively supervising paroles, the Judges of our courts could afford to probate more sentences with the assurance that the probationers would be properly supervised, and therefore, save in that manner thousands of dollars of the money of the taxpayers. I urge you to give favorable consideration to these emergency prison matters.
OTHER ENABLING ACTS
I recommend that you pass enabling acts to put into effect all of the constitutional amendments voted by the people on June 8th, 1937.
CONCLUSION
In preparing for this session of the General Assembly, I have held conferences with those members of the Assembly who could conveniently come and spend the day with me talking about the problems of the session. I appreciate the sacrifice made by the

MoNDAY, NovEMBER 22, 1937.

67

large majority of the members who came. I realize that providential hindrances kept many of you from attending and I thank you for your letters and wires assuring me of your cooperation although you could not attend. I have conferred with our municipal authorities, county authorities, local taxing authorities, editors of our papers, business people and have talked to the people collectively over the state by radio in preparation for the session. I have done everything in my power to lay a cooperative foundation for this session of the Assembly. I stand ready to cooperate with you in every way possible to make it a success. The question of tax revision is not strictly a political matter, but it involves technical training and skill and business acumen. Every citizen should pay his just part of the tax burden and no more. No citizen should pay less than his just part of the tax burden. Every dollar necessary to carry on essential governmental services needed and wanted by the people should be raised. When raised it should be economically and efficiently administered. No tax money should be raised beyond that necessary for these purposes. No tax money should be spent extravagantly or wastefully. I want this session to accomplish this important end. I will come again before you at your pleasure with other messages if need be, but I have tried to cover in this message everything I think necessary, unless something further develops that I am not at the moment cognizant of.
May God bless you in your efforts to help the people of this great state.
E. D. RIVERS,
Governor.

This November 22, 1937.
Mr. Sutton of Wilkes moved that the joint session be now dissolved, and the motion prevailed.
Mr. Sutton of Wilkes moved that the House do now adjourn, the motion prevailed, and the Speaker announced the House adjourned until tomorrow morning at 10:00 o'clock.

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REPRESENTATIVE HALL, ATLANTA, GA.,

TuESDAY, NovEMBER 23, 1937.

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

Daves

Allison

Deal

Almand

Dean

Ansley

DeFoor

Bargeron

Dollar

Barlow

Douglass

Barnard

Drake

Batchelor

Drinkard

Beck

Dugas

Blease

Dukes

Bond

Dunn

Booth

Durden

Bradley

Edwards

Brewton

Ellington

Bridges

Elliott

Brooks of Jackson

Ennis

Brooks of Oglethorpe Erwin

Brown of Peach

Etheridge

Campbell

Evans

Candler

Ferguson

Carmichael of Cobb

Field

Carmichael of Randolph Fitts

Clark

Flanders

Clary

Fowler

Claxton

Freeman

Clements

Gammage

Cogdell

Gary

Cohen

Gavin

Coleman

Goff

Corbett

Grayson

Coxon

Gross

Croker

Grubbs

Culpepper of Fayette GuYton

Culpepper of Mitchell Hamby

Dampier

Hampton

Hand Harden Harrell of Brooks Harrell of Irwin Harris Harrison Hart Harvey Hastings Hayes Herndon Herrin Hill of Screven Hodges Hogg Hollis Holt Horne Houston Houze Jackson Joel Johnson Jones of Bartow Jones of Brantley Jones of Dodge Jones of Elbert Jones of Jenkins Keel Kendrick Key Kirbo Lanham Lanier Larsen

TuESDAY, NovEMBER 23, 1937.

69

Leonard Lewallen Lewis Mankin Manry
Marshall Martin Mavity McCracken McCravey McGehee McGraw McNall Middleton Milam Miller Moore of Baldwin Moore of Haralson Moore of Lumpkin Moore of Taliaferro Morgan Morris Moss Mundy Musgrove Newby Newton Oden Palmour Parker

Patten Perry Peters Phillips Pilcher Pirkle Pound Preston of Bulloch Preston of Walton Ragan Rawlins Rees Reid of Carroll Reid of Wilcox Rountree Rowland Sabados Salter Sams Sanders Sapp Sartain Saunders Scruggs Simmons Smith of Dodge Smith of Henry Smith of Muscogee Spence

Striplin Sutton Swindle Tapp Taunton Todd Thomas Trapnell Trippe Turner Vickery Wall Wages Walton Ware Warnell Warnock Watkins Weaver Welsch Whaley Whipple Whitaker Williams of Bacon Williams of Jones Wilson Yeomans Zellner Mr. Speaker

Mr. Hill of Screven, 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.

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By unanimous consent, the following bills and resolutions of the House were introduced, read the first time, and referred to the committees:
By Mr. Etheridge of Houston-
House Bill No. 18. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding a certain road to the State Aid System of Roads, and for other purposes.
Referred to Committee on Public Highways No.2.
By Mr. Mavity of Walker-
House Bill No. 19. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding a certain road to the State Aid System of Roads, and for other purposes.
Referred to Committee on Public Highways No.2.
By Messrs. Harrell and Blease of Brooks-
House Bill No. 20. A bill to be entitled an Act to amend an Act known as the Motor Fuel Tax Law of Georgia, and for other purposes.
Referred to Committee on Public Highways No. 1.
By Messrs. Harrell and Blease of Brooks-
House Bill No. 21. A bill to be entitled an Act to authorize the Board of City Commissioners of Quitman, Georgia, to provide an ad valorem tax on all real and personal property within the corporate limits, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Harrell of Brooks-
House Bill No. 22. A bill to be entitled an Act to amend an Act to provide rules of eligibility for applicants for disabled veterans licenses, and for other purposes.
Referred to Committee on Ways and Means.
By Mr. Cogdell of Glynn-
House Bill No. 23. A bill to be entitled an Act to validate the

TuESDAY, NovEMBER 23, 1937.

71

incorporation of Timber Protective Organizations heretofore or hereafter chartered in accordance therewith by amending Section 22-413 of the Code, and for other purposes.
Referred to Committee on General Agriculture No. 1.
By Mr. Harrison of Crawford-
House Bill No. 24. A hill to he entitled an Act to create a new charter for the City of Roberta, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Parker of Colquitt-
House Bill No. 25. A hill to he entitled an Act to give the State Superintendent of Banks supervision of building and loan associations, and for other purposes.
Referred to Committee on State of Republic.
By Messrs. Parker of Colquitt, Preston of Bulloch, Lanier of Richmond, Mundy of Polk, Sutton of Wilkes, and Key of Jasper-
House Bill No. 26. A hill to he entitled an Act to classify property for taxation; to levy taxes on certain classes of intangible personal property; and for other purposes.
Referred to Committee on Ways and Means.
By Messrs. Parker of Colquitt, Preston of Bulloch, Lanier of Richmond, Mundy of Polk, Sutton of Wilkes, and Key of Jasper-
House Bill No. 27. A hill to he entitled an Act to create the office of State Tax Commissioner of Georgia, and for other purposes.
Referred to Committee on Ways and Means.
By Mr. Sapp of Coffee-
House Bill No. 28. A hill to he entitled an Act amending the charter of the City of Douglas, and for other purposes.
Referred to Committee on Municipal Government.

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By Messrs. Cohen, Grayson, and McNall of Chatham-
House Bill No. 29. A bill to be entitled an Act to amend Section 92-4001 of the Code of 1933, authorizing Towns and Cities to create boards of Tax Appeals, and for other purposes.
Referred to Committee on Ways and Means.
By Messrs. Horne of Bibb, Chappell and Ferguson of Sumter, and Wall of Schley-
House Bill No. 30. A bill to be entitled an Act to amend Code Section 36-1104, Code Section 36-115, and Code Section 95-1716 of the Code of 1933, so as to increase the width which the State Highway Board and the Federal Government may secure by condemnation; and to permit counties to condemn roads in the same manner as the State of Georgia and Federal Government, for borrow-pits, etc.; and for other purposes.
Referred to Committee on Public Highways No. 2.
By Mr. Wall of Schley-
House Bill No. 31. A bill to be entitled an Act to abolish the City Court of Ellaville; to transfer all cases pending therein to the Superior Court of Schley County; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Hampton of Fannin-
House Bill No. 32. A bill to be entitled an Act to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize Fannin County to make temporary loans, and for other purposes.
Referred to Committee on Amendments to Constitution No. 2.
By Mr. Hampton of Fannin-
House Bill No. 33. A bill to be entitled an Act to propose to the qualified voters of the State of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of the State of Georgia, authorizing the City of Blue Ridge to create a bonded indebtedness, and for other purposes.
Referred to Committee on Amendments to Constitution No. 2.

TuESDAY, NovEMBER 23, 1937.

73

By Mr. Hampton of Fannin-
House Bill No. 34. A bill to be entitled an Act to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize counties to make temporary loans, and for other purposes.
Referred to Committee on Amendments to Constitution No.2.
By Mr. Cogdell of Glynn-
House Bill No. 35. A bill to be entitled an Act to amend the charter of the City of Brunswick, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Cogdell of Glynn-
Hc;mse Bill No. 36. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding a certain road to the State Aid System of Roads, and for other purposes.
Referred to Committee on Public Highways No.2.
By Mr. Cogdell of Glynn-
House Bill No. 37. A bill to be entitled an Act granting the Commissioners of Roads and Revenues of Glynn County authority to regulate, outside any city or town of said county, zoning ordinances, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mrs. Coxon of Long, Messrs. Key of Jasper and Grayson of Chatham-
House Bill No. 38. A bill to be entitled an Act to amend the General Appropriations Bill for the purpose of clarifying the appropriations for old age assistance, aid to dependent children, and aid to the needy blind, and for other purposes.
Referred to Committee on Appropriations.
By Mr. Hampton of Fannin-
House Resolution No. 12-38a. A resolution authorizing the State Librarian to furnish to the Ordinary and Clerk of Superior

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Court of Fannin County certain Supreme Court and Court of Appeals Reports, and for other purposes.
Referred to Committee on Public Library.
By Mr. Moore of Lumpkin-
House Bill No. 39. A bill to be entitled an Act to amend Section 78-204 of the Code of Georgia of 1933, defining widows of veterans who are entitled to pensions in this State, and for other purposes.
Referred to Committee on Public Welfare.
By Mr. Moore of Lumpkin-
House Bill No. 40. A bill to be entitled an Act to provide for monthly distribution of motor fuel tax collections to counties, and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Jones and Smith of Dodge-
House Bill No. 41. A bill to be entitled an Act to amend the Code of Georgia of 1933 in reference to the appointment of county registrars, and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Jones and Smith of Dodge-
House Bill No. 42. A bill to be entitled an Act to amend the Code of Georgia of 1933, with reference to jury commissioners, and for other purposes.
Referred to Committee on State of Republic.
Mr. Sutton of Wilkes County, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules have had under consideration the following resolutions of the House and have instructed me, as Vice-Chairman, to report the same back to the House with the following recommendations:

TuESDAY, NovEMBER 23, 1937.

75

House Resolution No. 8-13b. Do pass. House Resolution No. 9-13c. Do not pass. House Resolution No. 11-13e. Do not pass. House Resolution No. 1Q-13d. Do not pass.
Respectfully submitted,

SurroN of Wilkes, Vice-Chairman.

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

By Messrs. Evans of McDuffie, Weaver of Bibb, Brown of Peach, Blease of Brooks, DeFoor of Mcintosh, Guyton of Effingham, and others-

House Resolution No. 8-13b. A resolution amending the Rules of the House by defining the authority of Conference Committees on the part of the House, and for other purposes.

The following resolutions of the House were placed on the calendar for the purpose of considering the unfavorable report of the committee:

By Mr. Evans of McDuffie and others-

House Resolution No. 9-13c. A resolution proposing an amendment to the Rules of the House, in reference to the adoption of Conference Committee reports, and for other purposes.

By Mr. Evans of McDuffie and others-

House Resolution No. 1Q-13d. A resolution proposing an

amendment to the Rules of the House, providing that no Con-

ference Committee report shall be in order at any time after

six o'clock, and for other purposes.



By Mr. Evans of McDuffie and others-

House Resolution No. 11-13e. A resolution to amend the Rules of the House by providing that no substitute bill may be offered or considered after a certain time, and for other purposes.

The following resolution of the House was read and ordered to lie on the table one day:

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By Messrs. Elliott of Muscogee, Booth of Barrow, Dugas of White, and Palmour of Hall-
House Resolution No. 13. A resolution requesting the State Auditor to furnish the House of Representatives with a list of State employees during 1937, with their positions and compensation, and for other purposes.
The following resolutions of the House were read and adopted:
By Messrs. Weaver and Freeman of Bibb, Flanders of Emanuel, and Ferguson of Sumter-
House Resolution No. 14.
A RESOLUTION
That, whereas it has come to the attention of the House that Honorable Allen Chappell of Sumter County has recently suffered the loss of his mother by death, and that he, himself, is confined to a hospital with a serious illness,
Be it therefore resolved, that the House do express to him our sincere sympathy in his bereavement and our wish for his speedy recovery.
Be it further resolved, that a copy of these resolutions be mailed him and also spread upon the minutes of this House.
By Messrs. Weaver of Bibb, Flanders of Emanuel, Freeman of Bibb, Johnson of Chattahoochee, and Milam of Spalding-
. House Resolution No. 15.
A RESOLUTION
That, whereas since the adjournment of the last session of the General Assembly of Georgia death has come to our late friend Dr. C. N. Howard of Chattahoochee County,
And whereas Dr. Howard has rendered long and distinguished service to his County and State, and has endeared himself to every member of the General Assembly of Georgia by his honesty of character, devotion to duty and sincerity of purpose,
Be it therefore resolved, that in the passing of Dr. Howard Georgia has lost one of its most distinguished citizens, and his

TuESDAY, NovEMBER 23, 1937.

77

loss is keenly felt by his late colleague in the General Assembly as well as by all other Departments of the State,
That the sympathies of the House of Representatives be extended to the family, and that the Clerk of the House be directed to spread a copy of these resolutions on the minutes of the House and to send a copy to the family of Dr. Howard.
By Messrs. Hand and Culpepper of Mitchell, Parker and Barlow of Colquitt, Houston and Perry of Worth, and many others-
House Resolution No. 16.
A RESOLUTION
Whereas Almighty God, in His infinite wisdom called to rest the Honorable G. B. Baggs, member of the House of Representatives from Mitchell County,
Therefore be it resolved, by the House of Representatives that we mourn the passing of this public servant whose devotion to duty, whose high, christian ideals and whose love for his State and Country merited for him a position of respect, responsibility and trust; and we commend his record and life tq generations of the future,
Be it further resolved, that we express to the bereaved family of this honorable member our sincere sympathy and that the Clerk of the House be and he is hereby instructed to transmit a certified copy of this resolution to the family of the deceased.
Mr. Culpepper of Mitchell was assigned to the following Standing Committees: Banks and Banking, Game and Fish, General Agriculture No. 2, Hygiene and Sanitation, Legislative and Congressional Reapportionment, Public Highways No. 2, Special Judiciary, State Prison Farm, Ways and Means, W. & A. Railroad.
Mr. Johnson of Chattahoochee was assigned to the following Standing Committees: Appropriations, Auditing, Counties and County Matters, General Agriculture No. 2, Historical Research, Industrial Relations, Invalid Pensions and Soldiers Home, Alto Sanitarium.

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The following resolution of the House was read and ordered to lie on the table one day:
By Messrs. Evans of McDuffie, Dugas of White, and Blease of Brooks-
House Resolution No. 14a. A resolution to investigate the members of the House who have been on the payroll of the State since a,djournment of the session in March, 1937.
The following report was submitted and read:
REPORT OF LEGISLATIVE TAX COMMITTEE
GovERNOR E. D. RIVERS,
RoN. JoHN B. SPIVEY, President of the Senate,
AND HoN. Roy V. HARRIS, Speaker of the House,
Your Committee, appointed under Joint Resolution No . .. , by the President of the Senate and the Speaker of the House, to study Georgia's Tax System, and to report its findings and its suggestions for reforming it, so as to make it a more equitable, just and modern one, beg leave to submit the following report:
The committee did not set out to find new sources of revenue, to be tacked upon the present system, and to be heaped upon the taxpayers of the State. We believe the time has come for genuine tax revision, and are unwilling to suggest merely makeshift measures. From the very start, the purpose of the committee has been to unify, integrate, and re-adjust our system of taxation, so as to more equitably distribute its burdens. We believe if our recommendations are enacted into law, our purpose will have been largely accomplished. At the same time, we believe an abundance of revenue will flow into the treasury of the State, ample for all her needs.
We have tried to approach our task from the practical angle; as realists and not as wishful thinkers. We have had in mind at all times, as a background for our work, the theories and sound canons of taxation developed and announced by the great economic theorists from the time of Adam Smith and John Stuart Mill. Nevertheless, we have had ever uppermost in our minds the practical side of the problems involved; and the solutions

TuESDAY, NovEMBER 23, 1937.

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offered, we believe, are practical and workable. To this end we have consulted with, and received invaluable assistance from the tax assessing and collecting officials of our own state, as well as those of several of our sister states, notably Virginia, North Carolina, Florida, Kentucky and Indiana. Furthermore, we have tried to keep in touch with the taxpayers themselves.
From the latter, we have learned that the universal demand is for economy in governmental affairs. The people are willing to pay their taxes for the support of the institutions of the State and for the humanitarian program launched by. the present administration in cooperation with the Federal Government. This program has now become the program of the Democratic Party in the State, and of the people of the State. It has been approved, not only by the Legislature, the representatives of the people, by the people themselves in the General election of June 8th. It is now their program, and they are willing to support it. But they are demanding that their tax funds be spent economically, and without waste and administrative inefficiency. The demand is that every useless employee in the State Government be eliminated, and that the inefficient ones, if any there be, be replaced with capable and efficient ones. In this connection, we most heartily approve the suggestion of the Governor that a commission, composed of citizens of its State and members of the General Assembly, be appointed to investigate this matter and suggest where economies can be effected without loss of efficiency.
I
A. After careful consideration, we are convinced that nothing would so increase the confidence of the people in their government, as a re-organization and consolidation of the tax collecting agencies of the State. We found in most of the States whose revenue collecting agencies we studied, responsibility for the collection of state revenue placed upon one official, usually designated a State Tax Commissioner. Experience has shown that in the states referred to, such an official, appointed by the Governor, and approved by the Senate, has eliminated much duplication of effort, many superfluous employees, and has effected great economies in the collection of State Revenues.

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As a result of years of unplanned legislation, the collection of taxes due the State is handled in a manner that indicates evervthing but economy and efficiency. Practically every depa;tment of our State government handles the collection of some particular tax. A study of our present collecting agencies will reveal the fact that there are numbers of inspectors and collectors going about over the State, performing services that could be rendered by a much smaller group of men. In fairness to this administration it should be said that this is not the fault of the persons in charge of these agencies, but is due largely to the fact that the General Assembly has, from time to time, divided the responsibility of collecting taxes until almost every department of the State is charged with the collection of some particular tax, and has necessarily had to employ men to carry out the duties assigned to them.
Specifically, we recommend that the Revenue Commission be abolished and every department of the State be relieved of the responsibility of collecting revenue for the State. We recommend that there be created the office of State Tax Commissioner; that such commissioner be appointed by the Governor, and confirmed by the Senate; and that he be charged with the collection of all taxes due the State. We recommend that the expenditures permitted for the payment of salaries, expenses and over-all costs of collection of all taxes be limited to such sum as is necessary, not to exceed 3% of the revenue collected.
B. \Ve find that there has never been an adequate check on stamps, licenses, tags and other evidences of the payment of taxes. They are issued promiscuously and there is no way of determining whether or not payment is received for all such issued. We therefore recommend that all stamps, tags, licenses and other evidences of the payment of taxes be issued by the Purchasing Department and requisitioned therefrom by the department which issue the same to the taxpayers. We recommend that every department requisitioning any such stamps, tags, licenses, etc., be required to give to the Treasury Department a strict accounting for the proceeds derived from the sale of same. In this manner a check will be had so as to assure the State that it is actually receiving the revenue therefrom to which it is entitled.

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81

We believe that these two recommendations should be adopted, whichever of the two alternative methods of tax revisions hereinafter recommended, is accepted.
II
After careful and mature deliberation, we are of the opinion that if we are to have tax revision and reformation, and not merely a patch-work of crazy-quilt affair, the General Assembly must choose between two distinct solutions of our problems. Briefly stated, the two solutions are as follows:
First, the State may retain the ad valorem tax for State purposes, with our assessment and collection administration so revised and changed as to make assessments and appraisals equitable and fair throughout the State, and bring unreturned property to the digest. Unless these changes are made, the ad valorem system cannot be the basis of a fair and equitable system.
Second, the State may abandon the ad valorem system to the counties and other subdivisions, substituting in its place a sales tax, gross receipts, or gross income tax, or some such over-all levy. At the same time, the State would abandon all licenses and occupation taxes to the municipalities, except professional and other regulatory licenses.
III
We will discuss the two suggested solutions in the order named.
First, the ad valorem system for State purposes:
This has long been Georgia's chief source of revenue, aside from the revenue from the motor fuel tax which is, of course, levied for, arid allocated to, a special purpose. From every side we hear the general property tax criticized and condemned. After studying these criticisms, we are convinced that the faults of the system are administrative. After all, the possession of property is one of the best indicia of ability to pay, which is acknowledged by all economists to be the basis upon which every tax system should be built. In the past, the general property tax has been collected principally from the owners of real estate and tangible personal property, intangible property going almost "scott free". We believe this situation will be remedied as soon

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as the Constitutional amendment adopted on June 8 is put into effect allowing the classification of property for taxation. Present rates upon intangible property cannot be enforced, for intangibles may and do take the "wings of the morning and flee to the uttermost parts of the earth." Besides, the present rates are confiscatory, with the result that the General Assembly has wisely refrained from enacting such administrative measures as would make the collection of the tax upon intangibles effective and productive. With low, reasonable rates upon this form of wealth, which has increased so rapidly in volume in the last few years, we believe the General Assembly should not, and will not, hesitate to put teeth into the law for the return, assessment and collection of this tax.
It must be remembered that the general property tax is not only a flexible one, (i. e. in which the revenue produced is increased or decreased promptly as the rate is raised or lowered); but it is also a most stable source of revenue (i. e., one that may be depended upon in periods of depression as well as in periods of prosperity). In view of the many additional burdens which the State has just assumed in entering into the social security program, the expanded educational program, free text books, not to mention the greatly increased appropriation to public health, can she afford to abandon the ad valorem tax for other and untried sources of revenue?
But if we are to retain the General Property Tax for State purposes, we do most insistently recommend a drastic change in the present mode of assessment and collection of this tax. We believe that the dissatisfaction with, and the condemnation of, the general property tax comes about largely because of the inequitable and slip-shod methods of assessment; or rather the lack of any scientific assessment. As a matter of fact, in Georgia, every taxpayer is his own assessor. Our local official is a receiver and not an assessor. This is little more than a "pass the hat" method. Correct this, thereby eliminating the inequalities and injustices of the system, and you have put the tax upon a sound and scientific basis.
We believe this revision of the general property tax would produce a stable and flexible revenue, not only for the State, but

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83

for the counties and school districts as well. Of course, all assessments would be made upon a basis of true market value. Should the total digest be thereby greatly increased, as we are confident it would be, the State and each subdivision could, and the people would see that each did, greatly reduce the rate, thereby adjusting the revenue to the budget requirements of the State, County or other subdivision affected. This would be of inestimable advantage in attracting new capital and industries to the State. At present, tax rates seem so high that industries and capital are not attracted to the state. The knowledge, too, that assessments were uniform, and that there was no discrimination, between counties or individuals, would tend to convince prospective citizens of the stability and justice of our tax system.
From the assessment made by the assessing unit, there should, of course, be an appeal to a county board of tax appeals, or to the State Board of Tax Appeals. The findings of the Board of Tax Appeals should be final, except for appeal to the courts upon matters of law. This would eliminate the system of arbitration now in vogue, which is nothing more nor less than a kind of "horse trading" procedure. We submit that the determination of the correctness of assessments should be upon a scientific basis, and should not be such a "hit or miss" affair as is our present system.
Instead of disturbing the present local set-ups, the same results might be accomplished, in part, by giving the State Tax Commissioner the right to supervise the work of the local tax assessing unit; and to correct, upon appeal, or on his own initiative, apparent and gross errors or injustices that come to his attention. The proper State agency should make recommendations as to forms, methods and rules of assessment for the aid and guidance of the local officials, as well as methods for getting unreturned property on the digest.
We believe the problem of assessment is especially important in view of the homestead exemption program upon which the State has embarked. Florida, with a $5,000 exemption, has found that the uncertainty about the basis of assessment has led to "confusion worse confounded".
We believe a scientific and uniform system of real estate as-

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sessment is absolutely essential when putting the exemptions into effect.
The system of arbitration of the assessments of the property of public utilities should be abolished. The assessment should be final, after the utility involved is given the right to appear and protest the assessment. Again the system of" horse trading" should be done away with, and the assessments and the determination of their correctness put upon a scientific basis, by allowing an appeal to the State Board of Tax Appeals. Out of numerous arbitrations had it is our best information that the State has never won but two.
IV
This brings us to a discussion of the Second method of tax revision, towit, the abandonment of the ad valorem system of taxation for State purposes, with the substitution therefor of a sales tax or gross receipts tax, or gross income tax.
One advantage of this suggested method of revision, is that the sources of State and County revenue would be separated, doing away with the necessity for the State's supervising the assessment of property. However, this would leave the counties in the same chaotic condition as to assessments as now exists and might mean higher tax rates in the local subdivisions.
Another advantage urged for this method of revision, is that real estate would be further relieved of the burden of taxation. It must be remembered, however, that the homestead exemption is offering a great measure of relief to real estate. Moreover, land is in the nature of a monopoly and the removal of the State tax on it might encourage holding it out of use.
Another advantage urged for the gross receipts tax or gross income tax is that it would force certain interests doing a large volume of business in the State to pay a larger share of the revenue. However, these firms are now paying the net income tax, which has been revised and the rates increased during the last session of the General Assembly. Besides, the removal of the general property tax, would relieve the large utilities, foreign land holders, and other large holders of property in the State from paying their just proportion of the tax burden.

TuESDAY, NovEMBER 23, 1937.

85

Against the sales tax it is urged that it falls most heavily upon those least able to pay it, thereby reversing the cardinal principal of taxation that the tax system should be based upon ability to pay. If a gross receipts tax or gross income tax is levied, it falls most heavily upon the great mass of business and industry, and would, we fear, in view of all the social security taxes now levied by the State and Federal Government, be the last straw. Especially is this true during periods of recession, such as we are now passing through.
v
The majority of your committee is convinced that if, and when, the foregoing recommendations of consolidated administration and revisions of assessments methods, or supervision thereof are adopted-then, and then only, the ad valorem tax should be retained. We believe it promises the fairest and most just system of tax revision. It has the advantage, too, that no additional permanent taxes would have to be levied, and ultimately promises the elimination of certain nuisances taxes now levied.
If we are to have real tax revision, one of the alternatives suggested must be adopted. We do not recommend any halfway measures. Let us have the courage to face the problem fairly and honestly. Let us do our duty, fearlessly and impartially, without thought of special interests or pressure groups. Only by such courageous action, may be overcome the obstacles that will appear in our path, and thus achieve true tax reform for our State.
VI
There are certain other minor recommendations that we desire to make.
A. In our preliminary report, which was unanimous, we suggested that the Highway Department be forced to take over the building and upkeep of all secondary roads in those counties desiring to surrender them to the State. We offered this suggestion in a sincere effort to afford relief from the burden of county taxes.
A tax of five or more mills is levied by local authorities for roads and bridges in most of the counties, in addition to the sums

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received from the State gasoline tax and from State road contracts. This expenditure far exceeds the entire state ad valorem levy for all purposes, and creates a local, deplorable situation which should furnish food for thought for all county taxpayers. Eventually, they will find relief in some such measure.
B. Your committee has studied the Truck and Bus Maintenance Tax, and beg leave to submit the following:
Your committee recommends that, in the event a maintenance tax on trucks and buses is retained, it be consolidated with the present license tag, and trucks and buses be required to obtain only one tag. Your committee is not in accord on mileage tax.
C. We recommend that provision be made permitting payment of all ad valorem taxes in quarterly installments. This will not only afford relief to some taxpayers, but will make available immediately funds for the operation of the State government.
D. We believe that if the practice allocating state funds to particular purposes is extended, that a substantial stabilization fund should be set up in the State Treasury.
VII
Certain wealthy persons, and certain corporations, have left Georgia, we believe, not because of the amount of taxes levied, but because of the uncertainties, injustices, and inequalities of our system. We have suggested such remedies as will remove these uncertainties and inequalities. The suggested revision will put Georgia's tax system upon a sound, fair, efficient and productive basis.
Your committee expresses its thanks to those State officials who have offered suggestions for the improvement of our tax system, and who kindly offered constructive criticism of our ideas and proposals. Especially do we appreciate the help of Han. W. B. Harrison, and Mr. Thrasher and Mr. McCrory of his office. Mr. Grady Head and Mr. Rockmore of his office have also been of much help to the committee.
Acknowledgement is made of the suggestions and help we have received from the Lutz Report, and from Professor Bryan's, "Analysis of the State's Financial Position."

TuESDAY, NovEMBER 23, 1937.

87

The Tax Commissioners of Virginia, North Carolina, Pennsylvania and Florida were most helpful. These gentlemen have the thanks of the entire committee for their help and advice.
We are especially indebted to Mr. James W. Martin, Tax Commissioner of the State of Kentucky, for his invaluable help and encouragement.
Governor Rivers has been most courteous, patient, and helpful to the committee, without seeking in any way to influence or color the committee's report.
We have,, received much help also from the Speaker of the House, the President of the Senate, Mr. Key, Chairman of the Appropriations Committee, Mr. Duke Davis, Mayor Hartsfield, Mr. Gullatt of the Fulton County Board of Assessors, and, especially from the Council of State Government, through Hon. H. W. Tell and his corps of assistants.
In conclusion, we hope our suggestions may prove of benefit to the Assembly and the State. We have labored unceasingly to make our report comprehensive and constructive. Its results rest with the General Assembly, by whom the committee was created, and to which it surrenders its trust.
Respectfully submitted,
GuY D. JACKSON, Chairman.
LEE S. PuRDOM
ALPHA FowLER
On the part of the Senate.
HENDERSON LANHAM, Vice-Chairman.
J. c. PARKER
On the Part of the House.

MINORITY REPORT
I concur in the recommendations with reference to methods of the assessment and collection of taxes.

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I disagree with the suggestion of a revision which would call of the enactment of a gross receipts, gross income or sales tax or any other new tax. It is my opinion that this is not the proper time to enter into any such course of legislation. I am unalterably opposed to any increase in taxes at this time or the enactment or any new tax measures at this session. On the contrary, I recommend that we operate under our present revenue laws and within our present income until we can definitely ascertain the revenue which will be derived under the tax increases voted by us at our regular session this year. It is my opinion that we should not make a change in our revenue set up until we know how much money is actually needed and until we actually know how much our new tax levies passed at the regular session will produce.
JAMES v. CARMICHAEL.
By a vote of 74 to 60, it was determined to be the sense of the House that the House remain in session on Thanksgiving Day. It was also determined to adjourn Friday afternoon until Monday.
Mr. Sutton of Wilkes moved that the House do now adjourn, the motion prevailed, and the Speaker announced the House adjourned until tomorrow morning at 10:00 o'clock.

WEDNESDAY, NovEMBER 24, 1937.

89

REPRESENTATIVE HALL, ATLANTA, GA.,

WEDNESDAY, NovEMBER 24, 1937.

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

Dampier

Allison

Daves

Almand

Davis

Ansley

Deal

Bargeron

Dean

Barlow

DeFoor

Barnard

Dollar

Barrett

Douglass

Batchelor

Drake

Beck

Drinkard

Bond

Dugas

Booth

Dukes

Bradley

Dunn

Brewton

Durden

Bridges

Edwards

Brooks of Jackson

Ellington

Brooks of Oglethorpe Elliott

Brown of Greene

Ennis

Brown of Peach

Erwin

Campbell

Etheridge

Candler

Evans

Carmichael of Cobb

Ferguson

Carmichael of Randolph Field

Clark

Fitts

Clary

Flanders

Claxton

Fowler

Clements

Freeman

Cogdell

Gammage

Cohen

Gary

Coleman

Gavin

Corbett

Goff

Coxon

Grayson

Croker

Gross

Culpepper of Fayette Groover

Culpepper of Mitchell Grubbs

Guyton Hamby Hampton Hand Harden Harrell of Brooks Harrell of Irwin Harris Harrison Hart Harvey Hastings Hayes
Hendrix Herndon Herrin Hill of Clarke Hill of Screven Hodges Hogg Hollis Holt Horne Houston Houze Jackson Joel Johnson Jones of Bartow Jones of Brantley Jones of Dodge Jones of Elbert Jones of Jenkins Keel Kendrick

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Key Kirbo Lanham Lanier Larsen Leonard Lewallen Lewis Mankin Manry Marshall Martin Mavity McCracken McCravey McGehee McGraw McNall Middleton Milam Miller Moore of Baldwin Moore of Haralson Moore of Lumpkin Moore of Taliaferro Morgan Morris Moss Mundy Musgrove Newby

Newton Oden Palmour Parker Patten Perry Peters Phillips Pilcher Pirkle Pound Preston of Bulloch Preston of Walton Ragan Rawlins Rees Reid of Wilcox Rountree Rowland Sabados Salter Sams Sanders Sapp Sartain Saunders Scruggs Simmons Smith of Dodge Smith of Henry Smith of Muscogee

Spence Striplin Sutton Swindle Tapp
Taunton Todd Thomas Trapnell Trippe Turner Vickery Wall Wages Walton Ware Warnell Warnock Watkins Weaver Welsch Whaley Whipple Whitaker Williams of Bacon Williams of Jones Wilson Yeomans Zellner Mr. Speaker

Mr. Coleman of Lowndes, Acting Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

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.

WEDNESDAY, NovEMBER 24, 1937.

91

2. Reports of standing committees.
3. Second reading of bills and resolutions, favorably reported.
By unanimous consent, the following bills and resolutions of the House were introduced, read the first time, and referred to the committees:
By Mr. Booth of Barrow-
House Bill No. 43. A bill to be entitled an Act to require a tax-paid crown on all soft drinks and bottled carbonated or sparkling water in this State; to repeal Section 92-804 of the Code of Georgia of 1933; and for other purposes.
Referred to Committee on Ways and Means.
By Mr. Booth of Barrow-
House Bill No. 44. A bill to be entitled an Act to require a tax on paid admissions to theaters, operas, concerts, wrestling matches and boxing bouts; or any other place of amusement where a paid admission is required; and for other purposes.
Referred to Committee on Ways and Means.
By Mr. Kirbo of Decatur-
House Bill No. 45. A bill to be entitled an Act to amend an Act providing for the creation of the Board of Commissioners of Roads and Revenue for the County of Decatur, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Carmichael of Randolph-
House Bill No. 46. A bill to be entitled an Act to reduce the amount of the bond of the Sheriff of Randolph County from $10,000.00 to $5,000.00; to repeal all conflicting laws; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mrs. Mankin, Messrs. Kendrick and Hastings of Fulton-
House Bill No. 47. A bill to be entitled an Act to amend the sanitary laws in counties of 200,000 population, or over, and for other purposes.

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Referred to Committee on Counties and County Matters.
By Mrs. Coxon of Long, Messrs. Hodges of Liberty and Yeomans of Wayne-
House Bill No. 48. A bill to be entitled an Act to amend Section 45-308 of Chapter 45-3 of the Code of Georgia 1933, changing the season on Cat Squirrel, Wild Turkey Gobblers and Buck Deer to November 15 to January 5, inclusive, and for other purposes.
Referred to Committee on Game and Fish.
By Mr. Salter of Baker-
House Bill No. 49. A bill to be entitled an Act to repeal an Act to create a Board of Commissioners of Roads and Revenues for the County of Baker, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Salter of Baker-
House Bill No. 50. A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Baker, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Marshall of Macon-
House Bill No. 51. A bill to be entitled an Act to provide for the levy of a tax (estate or inheritance tax) for uses of the State on the transfer or transmission of property, real and personal, tangible and intangible, located in and subject to the jurisdiction of the State of Georgia, and for other purposes.
Referred to Committee on Ways and Means.
By Mr. Fitts of Madison-
House Bill No. 52. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding a road in Madison County to the State Aid System of Roads, and for other purposes.
Referred to Committee on Public Highways No. 2.

WEDNESDAY, NovEMBER 24, 1937.

93

By Messrs. Fitts of Madison, Hollis of Morgan, Lewallen of Banks, Moore of Taliaferro, Drinkard of Lincoln, and Harrell of Irwin-
House Bill No. 53. A bill to be entitled an Act to provide for the raising of Public Revenue by a tax on the business of selling, manufacturing, purchasing consigning, using, shipping, or distributing of "Soft Drinks"; syrups used in the making of "Soft Drinks"; and for other purposes.
Referred to Committee on Ways and Means.
By Mr. Jones of Elbert-
House Bill No. 54. A bill to be entitled an Act to regulate the business of industrial life insurance companies in the State of Georgia, and for other purposes.
Referred to Committee on Insurance.
By Mr. Warnock of Montgomery-
House Bill No. 55. A bill to be entitled an Act to repeal an Act to create a Board of Commissioners of Roads and Revenues for the County of Montgomery, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Warnock of Montgomery-
House Bill No. 56. A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues in and for the County of Montgomery, and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Parker and Barlow of Colquitt-
House Bill No. 57. A bill to be entitled an Act to provide the manner in which the General Assembly of Georgia may convene in emergency or extraordinary session, and for other purposes.
Referred to Committee on State of Republic.
By Mr. Dugas of White-
House Bill No. 58. A bill to be entitled an Act to provide a tax on transfers of stock and other corporate certificates, and for other purposes.

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Referred to Committee on Ways and Means.
By Messrs. Thomas of Chattooga and Sutton of Wilkes-
House Bill No. 59. A bill to be entitled an Act to amend that certain Act of 1937, "An Act to repeal part 3, cigars and cigarettes, Chapter 92-22, in general of the 1933 Code; to levy a tax on sales and use of cigars, cigarettes, little cigars, cheroots and stogies"; and for other purposes.
Referred to Committee on Ways and Means.
By Mr. Harrison of Crawford-
House Resolution No. 17-59a. A resolution to provide for the furnishing of certain volumes of the Supreme Court Reports and Court of Appeals Reports to Crawford County, and for other purposes.
Referred to Committee on Public Library.
Mr. Freeman of Bibb 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:
House Bill No. 1. Do pass. House Bill No. 11. Do pass. House Bill No. 29. Do pass.
Respectfully submitted,
FREEMAN of Bibb, Chairman.
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 bill and/or resolution

WEDNESDAY, NovEMBER 24, 1937.

95

of the House and have instructed me, as Chairman, to report the same back to the House with the following recommendations:
House Resolution No. 7-13a. Do not pass.
House Bill No. 13. Do pass.
Respectfully submitted,
LANIER of Richmond, Chairman.
By unanimous consent, the following bills of the House, favorably reported, were read the second time:
By Messrs. Gross of Stephens, Coleman of Lowndes, Harris of Richmond, and Sutton of Wilkes-
House Bill No. 1. A bill to be entitled an Act to amend an Act providing for license and excise taxes upon the business of dealing in malt beverages, and for other purposes.
By Mr. Booth of Barrow-
House Bill No. 11. A bill to be entitled an Act requiring a license for the opening, operating, and maintenance of a theater or a chain of theaters, and for other purposes.
By Messrs. Cohen, Grayson, and McNall of Chatham-
House Bill No. 13. A bill to be entitled an Act to propose to the qualified voters of the State of Georgia, an amendment to the Constitution, so as to authorize the City of Savannah to incur a bonded indebtedness in addition to that heretofore authorized, and for other purposes.
By Messrs. Cohen, Grayson, and McNall of Chatham-
House Bill No. 29. A bill to be entitled an Act to amend the Code, in reference to authorizing towns and cities to create Boards of Tax Appeals, and for other purposes.
The following resolution of the House was taken up for consideration and read the third time:
By Messrs. Evans of McDuffie, Weaver of Bibb, Brown of Peach, Blease of Brooks, DeFoor of Mcintosh, Guyton of Effingham, Morgan of Troup, Rowland of Johnson, Taunton of

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Taylor, Dukes and Scruggs of Washington, and Drinkard of Lincoln-
House Resolution No. 8-13b.
A RESOLUTION
Proposing a new rule, to be appropriately numbered by the Clerk of the House of Representatives, as follows:
Be it resolved by the House of Representatives that the follow-
ing rule, to be appropriately numbered by the Clerk of the House of Representatives, be included in the House Rules:
Rule No. . .. No conference committee appointed by the House or under its authority shall be authorized to agree to any proposal whereby matter new and different from the action of the House and Senate is recommended. All conference committees on the part of the House shall be limited in authority to composing the difference between House and Senate on the measure that is referred to said conference committee, and any report from any conference committee which exceeds the authority as outlined here shall be out of order, and the Speaker shall so declare; and upon his failure to do so, at the suggestion of any member, the question shall be submitted to the House, as to whether the conference committee has exceeded its authority. If, upon vote, it is determined that said action is in excess of the authority of said committee, the committee shall be automatically discharged, and the report disregarded. All rules contravening the letter or spirit of this rule, in so far as this rule is affected, are to be disregarded.
An amendment offered by Mr. Elliott of Muscogee was ruled out of order by the Speaker.
An amendment offered by Mr. Jones of Brantley was ruled out of order by the Speaker.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 109, the nays 0.
The resolution having received the majority required by the

\VEDNESDAY, NovEMBER 24, 1937.

97

Rules of the House was adopted.
The following resolution of the House was taken from the table and read:
By Messrs. Elliott of Muscogee, Booth of Barrow, Dugas of White, and Palmour of Hall-
House Resolution No. 13.
A RESOLUTION
Whereas, the General Assembly of Georgia is now convened in extraordinary session; and,
Whereas, the most important subject embraced in the proclamation of the Governor convening this session is that of taxation; and,
Whereas, it is of paramount interest to the taxpayers of Georgia, who must bear all of the burdens of Government, that rigid economy be practised in the administration of the business affairs of the State; and,
Whereas, in order that the General Assembly may determine what economies may be effected, and to what extent the burden of taxation may be reduced, it is necessary that it be fully informed concerning administrative costs in the various departments of the State Government:
Therefore, be it resolved by the House of Representatives that the State Auditor be, and he is hereby, requested to furnish to the House of Representatives, at the earliest possible date, a complete roster of all of the persons now employed by the State, or any Department of the State Government, and of all persons now holding public office in the State, and of all persons who have been employed by the State or any such department, or have held public office in the State, between January 1st and November 15, 1937, showing the names of all such persons, the position held by each such person, the department in which each such person is or has been employed, and the amount paid to such person from January 1, 1937 to and including November 15, 1937, showing separately the amount paid as salary or other compensation and the amount

98

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paid as expenses for traveling or otherwise: Provided that the roster need not include the salaries paid to the teachers in the common schools of the State.
An amendment offered by Mr. Elliott of Muscogee was ruled out of order by the Speaker.
The resolution was adopted.
The following resolution of the House was taken from the table and read:
By Messrs. Evans of McDuffie, Dugas of White, and Blease of Brooks-
House Resolution No. 14a.
A RESOLUTION
Whereas, Article 3, Section 4, Paragraph 7, of the Constitution of Georgia, Section 2-1507 of the Georgia Code of 1933, provides that no person holding any appointment or office under this State, or the United States, having any emolument or compensation annexed thereto shall have a seat in either House of the General Assembly;
And whereas, said Constitution of Georgia, in the same section, further provides that no person shall be appointed to any such office or appointment during the term for which he has been elected as a member of the General Assembly,
And whereas, there are rumors abroad to the effect that various members of the General Assembly have held appointments and offices since the adjournment of the regular session in March, 1937, under this State or the United States,
And whereas, said rumors should be investigated so that appropriate action may be taken if they are true, and so that said rumors may be declared false if they are not true,
Therefore, be it resolved,
1. That the State Auditor be requested to submit to the House of Representatives all information that he has regarding this question, including the number of days said members have been employed, by whom appointed, the amount of com-

\VEDNESDAY, ~OVEMBER 24, 1937.

99

pensation paid therefor, and the amount of expense money drawn by such member.
2. That the State Treasurer likewise be requested to furnish all information that he has on the subject, as above provided for.
3. That each member of the House of Representatives who has drawn any compensation from the state government or any of its agencies since the adjournment of the regular session in March, 1937, be requested to submit to the House a written report of his appointment, by whom appointed, to what office, amount of compensation received per day; total amount paid, amount of expenses drawn, and any other information pertinent.
4. That a copy of this resolution be furnished to the State Auditor and State Treasurer.
5. That all reports under this resolution be submitted and read as the first order of business after the period of unanimous consents on the 30th day of November, 1937.
The following amendment to House Resolution No. 14a was read and adopted:
Mr. Evans of McDuffie moves to amend House Resolution No. 14a by adding: This resolution shall not be a fixed order of business nor relate to the order of business for any particular day; but information herein requested shall be submitted to the Clerk by November 30, 1937.
The resolution, as amended, was adopted.
Mr. Jones of Bartow moved that when the House adjourns today, it stand adjourned until Friday morning at 10:00 o'clock, and the motion prevailed.
Mr. Sutton of Wilkes moved that the House do now adjourn, and the motion prevailed.
Leaves of absence were granted to Messrs. Holt of Appling, Dollar of Grady, Newby of Twiggs, Moore of Taliaferro, Deal of Bulloch, Hogg of Marion, Brown of Peach, Yeomans of Wayne, Batchelor of Putnam, Hampton of Fannin, Beck of Carroll, Evans of McDuffie, Todd of Glascock, Jones of Dodge,

100

JouRNAL OF THE HousE,

Ragan of Pulaski, Scruggs of Washington, Cohen of Chatham, Spence of Ware, Rowland of Johnson, and Williams of Jones.
The Speaker announced the House adjourned until Friday morning, November 26, at 10:00 o'clock.

FRIDAY, NovEMBER 26, 1937.

101

REPRESENTATIVE HALL, ATLANTA, GA.

FRIDAY, NovEMBER 26, 1937.

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 Allison

Croker
Culpepper of Fayette1

Almand

Culpepper of Mitchell

Ansley

Dampier

Bargeron

Daves

Barlow

Davis

Barnard

Deal

Barrett

Dean

Batchelor

DeFoor

Beck

Dollar

Bennett

Douglass

Blease

Drake

Bond

Drinkard

Booth

Dugas

Bradley

Dukes

Brewton

Dunn

Bridges
Brooks of .rackson

Durden Edwards

Brooks of Oglethorpe Ellington

Brown of Greene

Elliott

Brown of Peach

Ennis

Campbell

Erwin

Candler

Etheridge

Carmichael of Cobb

Evans

Carmichael of Randolph Ferguson

Clark

Field

Clary

Fitts

Claxton

Flanders

Clements

Fowler

Cochran

Freeman

Cogdell

Gammage

Cohen

Gary

Coleman

Gavin

Corbett

Goff

Coxon

Grayson

Gross Groover Grubbs GuYton Hamby Hampton Hand Harden Harrell of Brooks Harrell of Irwin Harris Harrison Hart Harvey Hastings Hayes Hendrix Herndon Herrin Hill of Clarke Hill of Screven Hodges Hogg Hollis Holt Home Houston Houze .Jackson .Joel .Johnson
.rones of Bartow
.Jones of Brantley
.rones of Dodge
.Jones of Elbert

102

JoURNAL OF THE HousE,

Jones of Jenkins Keel Kendrick Ke:v Xirbo Lanham Lanier Larsen Leonard Lewallen Lewis Mankin Manry
Marshall Martin Mavity McCracken McCravey McGehee McGraw McNall Middleton Milam Miller Moore of Baldwin Moore of Haralson Moore of Lumpkin Moore of Taliaferro Morgan Morris Moss Mundy Musgrove

Newby Newton Oden Palmour Parker Patten Perry Peters Phillips Pilcher Pirkle Pound Preston of Bulloch Preston of:Walton Ragan Rawlins Rees Reid of Carroll Reid of Wilcox Rountree Rowland Sabados Salter Sams Sanders Sapp
Sartain Saunders Scruggs Simmons Smith of Dodge Smith of Henry

Smith of Muscogee Spence Striplin Sutton Swindle Tapp Tate Taunton Todd Thomas Trapnell Trippe Turner Vickery Wall Wages Walton Ware Warnell Warnock Watkins Weaver Welsch Whaley Whipple Whitaker Williams of Bacon Williams of Jones Wilson Yeomans Zellner Mr. Speaker

Mr. Harrell of Brooks, Acting Chairman of the Committee on Journals, reported that the Journal of Wednesday'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.

FRIDAY, NovEMBER 26, 1937.

103

2. Reports of standing committees.
3. Second reading of bills and resolutions, favorably reported.
4. Third reading and passage of local uncontested bills and resolutions.
By unanimous consent, the following bills of the House were introduced, read the first time, and referred to the committees:
By Messrs. McNall and Grayson of Chatham-
House Bill No. 60. A bill to be entitled an Act to amend Section 25-316 of the Code of 1933, relating to salary assignments, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Mr. DeFoor of Mcintosh-
House Bill No. 61. A bill to be entitled an Act to amend Section 45-308, Chapter 45-3 of the Code of Georgia of 1933, regulating the hunting or possessing of marsh hens, in counties having a population of 5758 and not more than 5768, and for other purposes.
Referred to Committee on Game and Fish.
By Mr. Gross of Stephens-
House Bill No. 62. A bill to be entitled an Act to amend an Act to create and establish the City Court of Stephens County, and for other purposes.
Referred to Committee on Counties and County Matters.
Mr. Cogdell of Glynn 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 Vice-Chairman, to report the same back to the House with the following recommendations:
House Bill No. 37. Do pass.

104

JouRNAL oF THE HousE,

House Bill No. 9. Do pass.
House Bill No. 55. Do pass.
House Bill No. 56. Do pass.
House Bill No. 14. Do pass.
House Bill No. 50. Do pass.
House Bill No. 49. Do pass.
Respectfully submitted,
CoGDELL of Glynn, Vice-Chairman.
Mr. Bargeron of Burke County, Chairman of 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 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. 17. Do pass.
Respectfully submitted,
BARGERON of Burke, Chairman.
By unanimous consent, the following bills of the House, favorably reported, were read the second time:
By Mr. Guyton of Effingham-
House Bill No. 9. A bill to be entitled an Act to redace the official bond of Sheriff of Effingham County, and for other purposes.
By Mr. Sutton of Wilkes-
House Bill No. 14. A bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Wilkes County, and for other purposes. By Messrs. Parker and Barlow of Colquitt-
House Bill No. 17. A bill to be entitled an Act to amend an

FRIDAY, NovEMBER 26, 1937.

105

Act by further defining who are and who are not dealers in live stock, and for other purposes.
By Mr. Cogdell of Glynn-
House Bill No. 37. A bill to be entitled an Act granting to the Commissioners of Roads and Revenues of Glynn County, certain authority in reference to zoning ordinances, and for other purposes.
By Mr. Salter of Baker-
House Bill No. 49. 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 Baker, and for other purposes.
By Mr. Salter of Baker-
House Bill No. 50. A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues in and for the County of Baker, and for other purposes.
By Mr. Warnock of Montgomery-
House Bill No. 55. 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 Montgomery, and for other purposes.
By Mr. Warnock of Montgomery-
House Bill No. 56. A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues in and for the County of Montgomery, and for other purposes.
The following resolution of the House was read and referred to the Committee on Rules:
By Mr. Blease of Brooks-
House Resolution No. 18. A resolution that no tax bill be placed on the calendar for the purpose of raising revenue until certain reports are submitted, and for other purposes.
The following resolution of the House was read and referred to the Committee on Amendments to the Constitution No.2:

106

JouRNAL oF THE HousE,

By Mr. Larsen of Laurens-
House Resolution No. 19. A resolution that the Speaker of the House appoint a committee of three members to investigate the price paid for pulp-wood, and for other purposes.
The following resolution of the House was read and referred to the Committee on Public Welfare:
By Messrs. Lewis and Bargeron of Burke-
House Resolution No. 20. A resolution providing for the appointment of a committee from the House to investigate certain affairs of the State Department of Public Welfare in regard to aid for dependent children, and for other purposes.
The Speaker asked unanimous consent that all revenue-raising measures be printed, and the request was granted.
Mr. Watkins of Butts moved that the House do now adjourn until 10:00 o'clock Monday morning, the motion prevailed, and the Speaker announced the House adjourned until Monday morning, November 29, at 10:00 o'clock.

MoNDAY, NovEMBER 29, 1937.

107

REPRESENTATIVE HALL, ATLANTA, GA.,

MoNDAY, NovEMBER 29, 1937.

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

Culpepper of Fayette

Allison

Culpepper of Mitchell

Almand

Dampier

Ansley

Daves

Bargeron

Deal

Barlow

Dean

Barnard

DeFoor

Barrett

Dollar

Batchelor

Douglass

Beck

Drake

Bennett

Drinkard

Blease

Dugas

Bond

Dukes

Booth

Dunn

Bradley

Durden

Brewton

Edwards

Bridges

Ellington

Brooks of Jackson

Elliott

Brooks of Oglethorpe Ennis

Brown of Peach

Erwin

Campbell

Etheridge

Candler

Evans

Carmichael of Cobb

Ferguson

Carmichael of Randolph Field

Clark

Fitts

Clary

Flanders

Claxton

Fowler

Clements

Freeman

Cochran

Gammage

Cogdell

Gary

Cohen

Gavin

Coleman

Goff

Corbett

Grayson

Coxon

Gross

Croker

Groover

Grubbs GuYton Hamby Hampton Hand Harden Harrell of Brooks Harrell of Irwin Harris Harrison Hart Harvey Hastings Hayes Hendrix Herndon Herrin Hill of Clarke Hill of Screven Hodges Hogg Hollis Holt Houston Houze Jackson Joel Johnson Jones of Bartow Jones of Brantley Jones of Dodge Jones of Elbert Jones of Jenkins Kendrick Key

108

JoURNAL OF THE HousE,

Kirbo Lanham Lanier Larsen Leonard Lewallen Lewis Mankin Manry
Marshall Martin Mavity McCracken McCravey McGehee McGraw McNall Middleton Milam Miller Moore of Baldwin Moore of Haralson Moore of Lumpkin Moore of Taliaferro Morgan Morris Moss Mundy Musgrove Newby Newton

Oden Palmour Parker Patten Perry Peters Phillips Pilcher Pirkle Pound Preston of!Bulloch Preston oftWalton Ragan Rawlins Rees Reid of Carroll Reid of Wilcox Rountree Rowland Sabados Salter Sams Sanders Sapp Sartain Saunders Scruggs Simmons Smith of Dodge Smith of Henry Smith of Muscogee

Spence Striplin Sutton Swindle Tapp Tate Taunton Todd Thomas Trapnell Trippe Turner Vickery Wall Wages Walton Ware Warnell Warnock Watkins Weaver Welsch Whaley Whipple Whitaker Williams of Bacon Williams of Jones Wilson Yeomans Zellner Mr. Speaker

Mr. Hill of Screven, Chairman of the Committee on Journals, reported that the Journal of last Friday'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.

MoNDAY, NovEMBER 29, 1937.

109

2. Reports of standing committees.
3. Second reading of bills and resolutions, favorably reported.
4. Third reading and passage of local uncontested bills and resolutions.
5. First reading and reference of Senate bills and resolutions. By unanimous consent, the following bills of the House were introduced, read the first time, and referred to the committees:
By Mr. Whipple of Bleckley-
House Bill No. 63. A bill to be entitled an Act to amend Section 96 of an Act approved August 15, 1904 (Georgia Laws 1904, Page 407) entitled an Act to provide and create a new charter for the Town of Cochran, in the County of Bleckley, and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Houston and Perry of Worth-
House Bill No. 64. A bill to be entitled an Act to amend an Act to create a new charter for the City of Sylvester, in the County of Worth, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Harris of Spalding-
House Bill No. 65. A bill to be entitled an Act to vest in the Tax Collectors and/or Tax Commissioners of the State of Georgia, in all of the counties thereof, certain of the powers and duties of sheriffs in their respective counties, and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Bennett of Ware-
House Bill No. 66. A bill to be entitled an Act to further define the qualifications of judges and jurors in all courts of this State, and for other purposes.
Referred to Committee on State of Republic.
By Messrs. Hart and Sanders of Coweta-
House Bill No. 67. A bill to be entitled an Act to fix, establish

110

JouRNAL oF THE HousE,

and prescribe maximum assessed valuation of property for ad valorem tax purposes, and for other purposes.
Referred to Committee on Ways and Means.
By Mr. Welsch of Cobb-
House Bill No. 68. A bill to be entitled an Act to amend Title 36, Chapter 36-11 of the Civil Code of Georgia of 1933, by adding after "Chapter 36-11. Condemnation by State or National Government" the words "and all persons or corporations having the privilege of exercising the right of eminent domain," and for other purposes.
Referred to Committee on General Judiciary No.2.
By Mr. DeFoor of Mcintosh-
House Bill No. 69. A bill to be entitled an Act to abolish the City Court of Darien in Mcintosh County, and for other purposes.
Referred to Committee on Special Judiciary.
By Messrs. Sams, Candler, and Turner of DeKalb-
House Bill No. 70. A bill to be entitled an Act relating to the setting apart of a year's support under the present law of Georgia and in particular Code Section 113-1002 of the Code of Georgia of 1933, to provide that a year's support shall be superior to and shall divest all tax liens in favor of the State, Counties, Municipalities, or other political subdivisions of this State existing against the real or personal property set apart to the full extent of the value of such property regardless of outstanding liens or loans.
Referred to Committee on General Judiciary No.2.
By Messrs. Sams, Candler, and Turner of DeKalb-
House Bill No. 71. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding a road in DeKalb County to the State Aid System of Roads, and for other purposes.
Referred to Committee on Public Highways No.2.
By Mr. Claxton of Camden-
House Bill No. 72. A bill to be entitled an Act to empower the governing authorities of all counties having a population of

MoNDAY, NovEMBER 29, 1937.

111

less than 6,335, and more than 72.4 miles of highway on the State Highway System, to increase the compensation of sheriffs, and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Evans of McDuffie, Blease of Brooks, DeFoor of Mcintosh, Guyton of Effingham, Morgan of Troup, and others-
House Bill No. 73. A bill to be entitled an Act to amend an Act approved March 30, 1937, known as "Income Tax Laws Amended" by striking from Section 2 of said Act, on page 116 of Georgia Laws of 1937, the following language, to-wit: "Each and every individual subject to file a return as provided by this Act shall pay a minimum tax of $2.00 whether such return shall show any liability for tax on its net income as disclosed in the return," and for other purposes.
Referred to Committee on Ways and Means.
By Mr. McGehee of Dawson-
House Bill No. 74. A bill to be entitled an Act to amend the charter of the Town of Dawsonville, in the County of Dawson, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Hamby of Rabun-
House Bill No. 75. A bill to be entitled an Act to create and establish Rabun County City Court in the County of Rabun, and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Hamby of Rabun-
House Bill No. 76. A bill to be entitled an Act to grant permission for the City of Clayton to increase its bonded indebtedness, and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Simmons and Kirbo of Decatur-
House Bill No. 77. A bill to be entitled an Act to repeal an

112

JouRNAL oF THE HousE,

Act to incorporate the Town of Diffee in the County of Decatur, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Simmons of Decatur-
House Bill No. 78. A bill to be entitled an Act to amend Section 56-224, Georgia Code of 1933, relating to investments by insurance companies, so as to permit such companies to invest in securities insured by the Federal Savings & Loan Insurance Corporation, limited to $5,000.00 in each institution, and for other purposes.
Referred to Committee on Insurance.
By Mrs. Mankin, Messrs. Kendrick and Hastings of Fulton-
House Bill No. 79. A bill to be entitled an Act to authorize a refund of the unearned portion of amounts paid by motor carriers on an annual basis for the calendar year 1937 as mileage tax under the provisions of the Georgia Motor Carrier Tax Act, approved March 31, 1931, and for other purposes.
Referred to Committee on Appropriations.
By Mr. Holt of Appling-
House Bill No. 80. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding mileage in Appling County, and for other purposes.
Referred to Committee on Public Highways No.2.
By Messrs. Key of Jasper and Harvey of Upson-
House Bill No. 81. A bill to be entitled an Act to amend Title 92 ("Public Revenue"), Division 1 ("Sources of Revenue"), Part 9 ("Income Taxes") of the Code of 1933, as amended by the Act approved March 26, 1935, as further amended by the Act approved March 30, 1937 by amending Chapter 92-31 ("Imposition, rate and computation of tax"), and for other purposes.
Referred to Committee on Ways and Means.
By Mr. Gammage of Terrell, Mrs. Coxon of Long, Messrs. McCracken of Jefferson, Hodges of Liberty, and others-

MoNDAY, NovEMBER 29, 1937.

113

House Bill No. 82. A bill to be entitled an Act to provide for the creation of a Stabilization fund, and for other purposes.

Referred to Committee on State of Republic.

By Mr. McNall of Chatham-

House Bill No. 83. A bill to be entitled an Act to impose a tax on fire or theft insurance policies, and for other purposes.

Referred to Committee on Ways and Means.

By Messrs. Harrell of Brooks and Harvey of Upson-

House Bill No. 84. A bill to be entitled an Act to require all officials, departments, branches, bureaus of the State, or any Governmental functions thereof, or local officials, to secure from the Purchasing Department only, all tags, stamps, licenses, and other things representing money, and for other purposes.
Referred to Committee on State of Republic.

By Messrs. McGraw of Meriwether and Dunn of Pike-
House Bill No. 85. A bill to be entitled an Act to raise revenue for the benefit of the common schools of Georgia, assist in the marketing of Georgia grown fruits, grapes, berries and other farm products; to permit the manufacture of spirituous liquors and distilled spirits; and for other purposes.
Referred to Committee on Temperance.

Mr. Larsen of Laurens 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. 19. Do pass.
Respectfully submitted,
LARSEN of Laurens, Chairman.
SAMS of DeKalb, Vice-Chairman.

114

JouRNAL OF THE HousE,

Mr. Sartain of Walker County, Chairman of the Committee on Engrossing, submitted the following report:
Mr. Speaker:
Your Committee on Engrossing has examined, found properly engrossed, and ready for transmission to the Senate, the following resolutions of the House, to-wit:
House Resolution No. 21.
House Resolution No. 22.
Respectfully submitted,
SARTAIN of Walker, Chairman.
Mr. McCracken of Jefferson 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. 7. Do pass.
House Bill No.8. Do pass.
House Bill No. 12. Do pass.
House Bill No. 21. Do pass.
House Bill No. 28. Do pass.
House Bill No. 35. Do pass. Respectfully submitted,
McCRACKEN of Jefferson, Chairman.
By unanimous consent, the following bills of the House, favorably reported, were read the second time: By Mr. Zellner of Monroe-
House Bill No. 7. A bill to be entitled an Act to amend the

MoNDAY, NovEMBER 29, 1937.

115

Acts consolidating and codifying the various Acts incorporating the City of Forsyth, and for other purposes.
By Mr. Zellner of Monroe-
House Bill No. 8. A bill to be entitled an Act to amend an Act to consolidate and codify the various Acts incorporating the City of Forsyth, and for other purposes.
By Messrs. Grayson, McNall, and Cohen of Chatham-
House Bill No. 12. A bill to be entitled an Act to amend the several Acts incorporating the Town of Thunderbolt, and for other purposes.
By Messrs. Harrell and Blease of Brooks-
House Bill No. 21. A bill to be entitled an Act to authorize the Board of City Commissioners of Quitman, Georgia, to provide an ad valorem tax on all real and personal property within the corporate limits, and for other purposes.
By Mr. Sapp of Coffee-
House Bill No. 28. A bill to be entitled an Act to amend the charter of the City of Douglas, and for other purposes.
By Mr. Cogdell of Glynn-
House Bill No. 35. A bill to be entitled an Act to amend the charter of the City of Brunswick, 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. Guyton of Effingham-
House Bill No. 9. A bill to be entitled an Act to reduce the official bond of the Sheriff of Effingham 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 103, the nays 0.
The bill having received the requisite constitutional majority was passed.

116

JouRNAL oF THE HousE,

By Mr. Sutton of Wilkes-
House Bill No. 14. A bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Wilkes 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 104, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Cogdell of Glynn-
House Bill No. 37. A bill to be entitled an Act to grant to the Commissioners of Roads and Revenues of Gl)'nn County, certain authority in reference to zoning and planning laws, 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, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Salter of Baker-
House Bill No. 49. 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 Baker, 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, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Salter of Baker-
House Bill No. 50. A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues in and for the County of Baker, and for other purposes.

MoNDAY, NovEMBER 29, 1937.

117

The report 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, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Warnock of Montgomery-
House Bill No. 55. 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 Montgomery, 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, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Warnock of Montgomery-
House Bill No. 56. A bill to be entitled an Act to create a Board of Commissioners of Roads and 'Revenues in and for the County of Baker, 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, the nays 0.
The bill having received the requisite constitutional majority was passed.
Mr. Blease of Brooks arose to a question of personal privilege and addressed the House.
A gavel, the gift of Speaker Wm. B. Bankhead of the National House of Representatives, was presented to Speaker Harris through Hon. L. W. Robert, Jr. Mr. Robert was introduced to the House by His Excellency, Governor E. D. Rivers.
Mr. Spence of Ware arose to a question of personal privilege and addressed the House.

118

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 Senate, ta-wit:
By Senators Spivey of the 16th District, Atkinson of the 1st District, Pope of the 7th District, Purdom of the 46th District, and Johnson of the 42nd District-
Senate Bill No. 1. A bill to provide for exemption from ad valorem taxation of certain personal property to an amount not exceeding $300.00, and for other purposes.
By Senators Spivey of the 16th District, Atkinson of the 1st District, Pope of the 7th District, and Purdom of the 46th District-
Senate Bill No. 3. A bill to define and enlarge the jurisdiction of Courts of Ordinary in certain counties with reference to the disposition of misdemeanor cases arising under the Georgia State Highway Patrol Act of 1937, and for other purposes.
By Senator Pruett of the 32nd District-
Senate Bill No. 7. A bill to amend Section 78-204 of the Code by providing pensions to widows of Confederate Veterans who married prior to 1920, and for other purposes.
By Senator Pruett of the 32nd District-
Senate Bill No. 8. A bill to amend Code Section 92-1410 so as to provide for the payment of gasoline tax on a monthly basis to the counties, and for other purposes.
The following resolution of the House was read:
By Mr. Larsen of Laurens-
House Resolution No. 19. A resolution providing for the appointment of a committee of three members by the Speaker, to investigate the price paid for pulp wood, the manner of cutting, quantity cut, and report its findings within five days to this body, and for other purposes.

MoNDAY, NovEMBER 29, 1937.

119

Mr. Sabados of Dougherty moved the previous question.

The following amendment was read and adopted:

Mr. Cogdell of Glynn moves to amend House Resolution No. 19 by striking in the last paragraph the words "three members," and insert in lieu thereof the words, "five members."

The following amendment was read:

Mr. Evans of McDuffie moves to amend House Resolution No. 19 by adding: Provided that under no circumstances shall said committee draw any expenses or other compensation.

On the adoption of the amendment, the ayes were 16, the nays

91.

.

The amendment was lost.
The main question was ordered. The report of the committee, which was favorable to the adoption of the resolution, was agreed to, as amended.

On the adoption of the resolution, as amended, the ayes were 119, the nays 4.
The resolution was adopted, as amended.

Under the provisions of House Resolution No. 19, the Speaker appointed as a committee to investigate the pulp-wood situation, the following members:

Messrs. Larsen of Laurens, Grayson of Chatham, Simmons of Decatur, Brewton of Evans, and Cogdell of Glynn.

The following message from His Excellency, Governor E. D. Rivers, was read:

HoNORABLE Rov V. HARRIS, Speaker of the House and Members.

Gentlemen: At the 1937 regular session of your body you amended what is

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known as the Income Tax Act, Section 92-3101, 3102 of the Georgia Code of 1933 (Ga. L. 1937, pp. 109, 115, 116, 117), levying a minimum tax of $2.00 on each and every individual filing a return as provided therein, and levying a minimum tax of $10.00 on each and every corporation filing a return as provided by that Act.
I did on the 24th day of September, 1937, under and by virtue of the power and authority vested in me by Section 4Q-205 of the Code of Georgia of 1933, suspend the collection of the minimum tax as provided therein. This suspension was made upon recommendation of the State Revenue Commission for the reason that it was doubtful as to whether or not collection could be made thereunder, and that in all pmbability would bring about expensive and prolonged litigation, which would result in the taxpayers withholding other amounts that might be due the State of Georgia for income taxes. The collection of this tax was suspended for the further reason I was advised that this question had been passed upon by the Courts in another State having similar provisions, and had been held to be invalid.
The probable amount to be realized by the State by reason of said Sections would be from $30,000.00 to $50,000.00 per yearmuch less than was anticipated at the time of the passage of the amendment.
The State Revenue Commission will submit to your body an amendment eliminating these provisions from the Act as aforestated and I recommend passage of the same.
A copy of the executive order suspending the collection of this minimum tax is hereto attached for your information and consideration.
Respectfully,
E. D. RIVERS,
Governor.
Whereas, by Section 92-3101 of the Georgia Code of 1933, as amended by the Act of the General Assembly of Georgia approved March 30, 1937, (Ga. L. 1937, pp. 109, 115, 116), being a part of the State Income Tax Law, it is among other things pro-

MoNDAY, NovEMBER 29, 1937.

121

vided as follows:

"Each and every individual subject to file a return as provided by this act shall pay a minimum tax of $2.00 whether such return shall show any liability for tax on its net income as disclosed in the return;" and

Whereas, by Section 92-3102 of Georgia Code of 1933, as amended by the Act of the General Assembly of Georgia ap-
proved March 30, 1937, aforesaid (Ga. L. 1937, pp. 109, 117), it
is among other things provided as follows:
"Each and every corporation subject to file a return as provided by this act shall pay a minimum tax of $10.00 whether such return shall show any liability for tax on its net income as disclosed in the return."
Now, upon consideration and under and by virtue of the power and authority vested in me by Section 4Q-205 of the Georgia Code of 1933 and pursuant thereto, it is ordered that the collection of the minimum tax of $2.00 required to be paid by individuals under Code Section aforesaid whether or not the return shows any tax liability and the minimum tax of $10.00 required to be paid by corporations whether or not the tax return shows any tax liability be and the same are hereby suspended and collections shall be made only where liability for tax on net income is disclosed in the return according to the rate or schedule provided by said Sections of the Code for individuals and corporations, respectively.
This order shall become and be effective as of January 1, 1937, and shall continue of force until the meeting of the next General Assembly.

So Ordered this 24th day of September, 1937.

By the Governor

E. D. RIVERS

DowNING MusGROVE

Governor of Georgia.

Secretary Executive Department

GEORGIA, FULTON COUNTY:

The undersigned, as Secretary of the Executive Department of the

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JouRNAL OF THE HousE,

State of Georgia, hereby certifies that the above and foregoing is a true and correct transcript of an order, writing or document, signed by the Governor of said State and of record in this department.
This 29th day of November, 1937.
DowNING MusGROVE
Secretary Executive Department
The following resolution of the House was read:
By Mr. Sutton of Wilkes-
House Resolution No. 21. A resolution-Be it resolved by the House, the Senate concurring, that the action of the Governor, the Hon. E. D. Rivers, in suspending the minimum payment or deposit of $10.00 for corporations and $2.00 for individuals in filing income tax returns be and the same is hereby ratified.
On the adoption of the resolution, the ayes were 125, the nays 0.
The resolution was adopted.
By unanimous consent, the resolution was ordered immediately transmitted to the Senate.
The following resolutions of the House were read and adopted:
By Messrs. Harrell of Brooks, Cochran of Thomas, Coleman of Lowndes, and Dollar of Grady-
House Resolution No. 22.
Whereas, there has been introduced into the National Congress a bill known as the Wagner Anti-Lynch law, and
Whereas, this bill is receiving serious consideration by the United States Senate, and
Whereas, this bill is manifestly unjust, unfair, and would work an oppressive burden upon the entire South, and
Whereas, there is more lawlessness, rioting, picketing and loss of life of human beings in the industrial centers of the North and East as a result of strikes, rioting, etc., than in all the lynchings in the South.

MoNDAY, NovEMBER 29, 1937.

123

Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that we commend our United States Senators and Congressmen in their valiant opposition to this bill and suggest to them that should this bill be enacted into law, that the losses of life of strikers and peace officers be compensated in the same manner as in cases of lynchings, and that the county authorities be charged with like liability and subject to the same penalties.
Be it further resolved, that copies of this resolution be transmitted to the United States Senators from Georgia and to each member of the Georgia delegation in our National Congress.
By unanimous consent, the resolution was ordered immediately transmitted to the Senate.
By Mr. Sams of DeKalb-
House Resolution No. 23. A resolution conveying the appreciation of the House to the Athletic Associations of the University of Georgia at Athens, and the Georgia School of Technology at Atlanta, for the entertainment furnished at the annual football game between these institutions, and for other purposes.
By Mr. Sams of DeKalb-
House Resolution No. 24. A resolution expressing the appreciation of the House to the managers of the local theaters for furnishing courtesy cards to members of the House, and for other purposes.
Under the regular order of business, the following bill of the House was taken up for consideration and read the third time:
By Messrs. Gross of Stephens, Coleman of Lowndes, Harris of Richmond, and Sutton of Wilkes-
House Bill No. 1. A bill to be entitled an Act to amend an Act approved March 23, 1935, as amended, providing for license and excise taxes upon the business of dealing in malt beverages, and for other purposes.
Mr. Watkins of Butts moved that the House do now adjourn, and the motion was lost.

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JouRNAL OF THE HousE,

Mr. Key of Jasper moved that the House do now adjourn and the motion prevailed.
Leave of absence was granted to Mr. Marshall of Macon.
The Speaker announced the House adjourned until tomorrow morning at 10:00 o'clock, and House Bill No. 1 went over under the order of unfinished business.

TuESDAY, NovEMBER 30, 1937.

125

REPRESENTATIVE HALL, ATLANTA, GA.,

TuESDAY, NovEMBER 30, 1937.

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

Culpepper of Fayette

Allison

Culpepper of Mitchell

Almand

Dampier

Ansley

Daves

Bargeron

Deal

Barlow

Dean

Barnard

DeFoor

Barrett

Dollar

Batchelor

Douglass

Beck

Drake

Bennett

Drinkard

Blease

Dugas

Bond

Dukes

Booth

Dunn

Bradley

Durden

Brewton

Edwards

Bridges

Ellington

Brooks of Jackson

Elliott

Brooks of Oglethorpe Ennis

Brown of Peach

Erwin

Campbell

Etheridge

Candler

Evans

Carmichael of Cobb

Ferguson

Carmichael of Randolph Field

Clark

Fitts

Clary

Flanders

Claxton

Fowler

Clements

Freeman

Cochran

Gammage

Cogdell

Gary

Cohen

Gavin

Coleman

Goff

Corbett

Grayson

Coxon

Gross

Croker

Groover

Grubbs GUYton Hamby Hampton Hand Harden Harrell of Brooks Harrell of Irwin Harris Harrison Hart Harvey Hastings Hayes Hendrix Herndon Herrin Hill of Clarke Hill of Screven Hodges Hogg Hollis Holt Houston Houze Jackson Joel Johnson Jones of Bartow Jones of Brantley Jones of Dodge Jones of Elbert Jones of Jenkins Keel Kendrick

126

JOURNAL OF THE HousE,

Key
Kirbo Lanham Lanier Larsen Leonard Lewallen Lewis Mankin Manry
Marshall Martin Mavity McCracken McCravey McGehee McGraw McNall Middleton Milam Miller Moore of Baldwin Moore of Haralson Moore of Lumpkin Moore of Taliaferro Morgan Morris Moss Mundy Musgrove Newby

Newton Oden Pal.mour Parker Patten Perry Peters Phillips Pilcher Pirkle Pound Preston of Bulloch Preston of Walton Ragan Rawlins Rees Reid of Carroll Reid of Wilcox Rountree Rowland Sabados Salter Sams Sanders Sapp Sartain Saunders Scruggs Simmons Smith of Dodge Smith of Henry

Smith of Muscogee Striplin Sutton Swindle Tapp Tate Taunton Todd Thomas Trapnell Trippe Turner Vickery Wall Wages Walton Ware Warnell Warnock Watkins Weaver Welsch Whaley Whipple Whitaker Williams of Bacon Williams of Jones Wilson Yeomans Zellner Mr. Speaker

Mr. Dampier of Laurens, Vice-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.

TuESDAY, NovEMBER 30, 1937.

127

2. Reports of standing committees.
3. Second reading of bills and resolutions, favorably reported.
4. Third reading and passage of local uncontested bills and resolutions.
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 Messrs. Perry and Houston of Worth-
House Bill No. 86. A bill to be entitled an Act to reduce the official bond of the Sheriff of Worth County from $10,000 to $5,000, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Key of Jasper-
House Bill No. 87. A bill to be entitled an Act to provide a tax upon the operation of coin or token operated vending devices through the issuing of licenses to owners or lessees of such devices, and for other purposes.
Referred to Committee on Ways and Means.
By Messrs. Clark of Catoosa and Mavity of Walker-
House Bill No. 88. A bill to be enti tied an Act to amend an Act entitled "Highway Mileage," by adding a road in Catoosa County, and for other purposes.
Referred to Committee on Public Highways No. 2.
By Messrs. Larsen of Laurens, Rawlins of Ben Hill, Miller of Lanier, Oden of Pierce, and others-
House Bill No. 89. A bill to be entitled an Act to fix and prescribe the compensation of the Chairman and Members of the Industrial Board, created by the Act of the General Assembly, approved March 25th, 1937, and for other purposes.
Referred to Committee on Industrial Relations.

128

JouRNAL OF THE HousE,

By Mr. Dean of Rockdale-
House Bill No. 90. A bill to be entitled an Act to amend an Act to provide for the Board of County Commissioners of Rockdale County, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Larsen of Laurens-
House Bill No. 91. A bill to be entitled an Act to amend an Act, approved August 27, 1931, entitled "An Act to regulate outdoor advertising," and for other purposes.
Referred to Committee on State of Republic.
By Mr. Booth of Barrow-
House Bill No. 92. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding a road in Barrow and Walton Counties, and for other purposes.
Referred to Committee on Public Highways No.2.
By Mr. Booth of Barrow-
House Bill No. 93. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding a road in Barrow and Gwinnett Counties, and for other purposes.
Referred to Committee on Public Highways No. 2.
By Mr. Lewallen of Banks-
House Bill No. 94. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding a road in Banks County, and for other purposes.
Referred to Committee on Public Highways No.2.
By Mr. Corbett of Atkinson-
House Bill No. 95. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding a road in Atkinson, Berrien and Lanier Counties, and for other purposes.
Referred to Committee on Public Highways No. 2.

TuESDAY, NovEMBER 30, 1937.

129

By Mr. Pirkle of Forsyth-
House Bill No. 96. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding State Aid Road Mileage to the Highway System of Georgia, and for other purposes.
Referred to Committee on Public Highways No. 2.
By Mr. Williams of Jones-
House Bill No. 97. A bill to be entitled an Act to amend the charter of the Town of Gray, in Jones County, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Salter of Baker-
House Bill No. 98. A bill to be entitled an Act to amend Section 89-822 of the 'Code of the State of Georgia, so as to provide how and in what manner the appeal therein referred to may be taken, and for other purposes.
Referred to Committee on General Judiciary No.2.
By Mr. Salter of Baker-
House Bill No. 99. A bill to be entitled an Act to require Baker County to pay the officers of court the costs now allowed by law in each case convicted and worked on chain gang, or eligible for chain gang service and put to other uses, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Guyton of Effingham-
House Bill No. 100. A bill to be entitled an Act to provide for the identification of the voters in all primary elections and elections by ballot within this State, and for other purposes.
Referred to Committee on Privileges and Elections.
By Messrs. Harvey of Upson, Elliott of Muscogee, Weaver of Bibb, and others-
House Bill No. 101. A bill to be entitled an Act to amend

130

JouRNAL OF THE HousE,

Title 92, ("Public Revenue"), Division 1, ("Sources of Revenue"), Part IX, ("Income Taxes"), of the Code of Georgia of 1933, and for other purposes.
Referred to Committee on Ways and Means.
By Mr. Larsen of Laurens-
House Bill No. 102. A bill to be entitled an Act to provide for the regulation of fire insurance rates and rating organizations fixing such rates, and for other purposes.
Referred to Committee on Insurance.
By Mr. Key of Jasper-
House Bill No. 103. A bill to be entitled an Act to create a Revolving State Park Development Fund, to be hereinafter known as the Revolving Fund, and for other purposes.
Referred to Committee on Conservation.
By Mr. Pound of Hancock-
House Bill No. 25-103a. A resolution to appropriate money for the purpose of erecting a suitable grave-marker at grave of William Rabun, in the amount of Three Hundred Dollars ($300.00), and for other purposes.
Referred to Committee on Special Appropriations.
By Mr. Morris of Douglas-
House Bill No. 26-103b. A resolution authorizing the State Librarian to furnish certain law books to the County of Dodge, and for other purposes.
Referred to Committee on Public Library.
By Mr. Morris of Douglas-
House Bill No. 104. A bill to be entitled an Act to reduce the bond of the Sheriff of Douglas County, and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Cochran of Thomas, Simmons of Decatur, Smith of Dodge, and others-
House Bill No. 105. A bill to be entitled an Act to repeal an

TuESDAY, NovEMBER 30, 1937.

131

Act, approved December 16, 1902, entitled, "An Act to fix and prescribe the boundaries of land adjacent to or covered by or bordering on the tidewaters of this State," and for other purposes.
Referred to Committee on Conservation.
By Messrs. Cochran of Thomas, Smith of Dodge, Simmons of Decatur, Parker of Colquitt, and others-
House Bill No. 106. A bill to be entitled an Act to provide for reversion of title to the State of the beds of all non-navigable tidewaters in Georgia heretofore claimed and possessed by adjacent landowners; to fix and prescribe the boundaries of land adjacent to or covered by or bordering on navigable tide-waters of this State; and for other purposes.
Referred to Committee on Conservation.
By Messrs. Harris and Lanier of Richmond-
House Bill No. 107. A bill to be entitled an Act to amend an Act of the General Assembly of Georgia, approved on March 30, 1937, and set out at length in the printed Acts of the General Assembly for the year 1937, which Act to be amended provides for the appointment of an assistant solicitor general, in lieu of a Special Criminal Bailiff, and for other purposes.
Referred to Committee on Counties and County Matters.
November 30, 1937.
Mr. Sartain of \Valker County, Chairman of the Committee on Engrossing, submitted the following report:
Mr. Speaker:
Your Committee on Engrossing has examined, found properly engrossed, and ready for transmission to the Senate, the following bills of the House, to-wit:
House Bills Nos. 9, 14, 37, 49, 50, 55, 56.
Respectfully submitted,
SARTAIN of Walker, Chairman.
Mr. McCracken of Jefferson County, Chairman of the Com-

132

JouRNAL OF THE HousE,

mittee 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. 24. Do pass. House Bill No. 77. Do pass. House Bill No. 76. Do pass. House Bill No. 74. Do pass. House Bill No. 64. Do pass. House Bill No. 63. Do pass.
Respectfully submitted,
McCRACKEN of Jefferson, Chairman.
Mr. Pound of Hancock 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 of the House and have instructed me, as Chairman, to report the same back to the House with the following recommendations:
House Bill No. 80. Do pass. House Bill No. 10. Do pass. House Bill No. 18. Do pass. House Bill No. 19. Do pass. House Bill No. 36. Do pass. House Bill No. 52. Do pass. House Bill No. 71. Do pass.
Respectfully submitted,
PouND of Hancock, Chairman.

TuESDAY, NovEMBER 30, 1937.

133

Mr. Sutton of Wilkes County, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules have had under consideration the following resolution of the House and have instructed me, as Vice-Chairman, to report the same back to the House with the following recommendation:
House Resolution No. 18. Do not pass.
Respectfully submitted,
SuTToN of Wilkes, Vice-Chairman.
By unanimous consent, the following bills of the House, favorably reported, were read the second time:
By Mr. Sapp of Coffee-
House Bill No. 10. A bill to be entitled an Act to amend the Highway Mileage Act, by adding a certain road to the System of State Aid Roads, and for other purposes.
By Mr. Etheridge of Houston-
House Bill No. 18. A bill to be entitled an Act to amend the Highway Mileage Act, by adding a certain road to the System of State Aid Roads, and for other purposes.
By Mr. Mavity ofWalker-
House Bill No. 19. A bill to be entitled an Act to amend the Highway Mileage Act, by adding a certain road to the System of State Aid Roads, and for other purposes.
By Mr. Harrison of Crawford-
House Bill No. 24. A bill to be entitled an Act to create a new charter for the City of Roberta, and for other purposes.
By Mr. Cogdell of Glynn-
House Bill No. 36. A bill to be entitled an Act to amend the Highway Mileage Act, by adding a certain road to the System of State Aid Roads, and for other purposes.

134

JouRNAL oF THE HousE,

By Mr. Fitts of Madison-
House Bill No. 52. A bill to be entitled an Act to amend the Highway Mileage Act, by adding a certain road to the System of State Aid Roads, and for other purposes.
By Mr. Whipple of Bleckley-
House Bill No. 63. A bill to be entitled an Act to amend an Act to create a new charter for the Town of Cochran, and for other purposes.
By Messrs. Houston and Perry of Worth-
House Bill No. 64. A bill to be entitled an Act to amend an Act to create a new charter for the City of Sylvester, and for other purposes.
By Messrs. Sams, Candler, and Turner of DeKalb-
House Bill No. 71. A bill to be entitled an Act to amend the Highway Mileage Act, by adding a certain road to the System of State Aid Roads, and for other purposes.
By Mr. McGehee of Dawson-
House Bill No. 74. A bill to be entitled an Act to amend the charter of the Town of Dawsonville, and for other purposes.
By Mr. Hamby of Rabun-
House Bill No. 76. A bill to be entitled an Act to grant permission to the City of Clayton to increase its bonded indebtedness, and for other purposes.
By Messrs. Simmons and Kirbo of Decatur-
House Bill No. 77. A bill to be entitled an Act to repeal an Act to incorporate the Town of Diffee, and for other purposes.
By Mr. Holt of Appling-
House Bill No. 80. A bill to be entitled an Act to amend an Act in reference to highway mileage, by adding a certain road to the System of State Aid Roads, and for other purposes.

TuESDAY, NovEMBER 30, 1937.

135

By unanimous consent, the following bills of the House were read the third time and placed upon their passage:
By Mr. Zellner of Monroe-
House Bill No. 7. A bill to be entitled an Act to amend the Act consolidating and codifying the various Acts incorporating the City of Forsyth, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 120, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Zellner of Monroe-
House Bill No. 8. A bill to be entitled an Act to amend an Act to consolidate and codify the various Acts incorporating the City of Forsyth, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 121, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Grayson, MeNall, and Cohen of Chatham-
House Bill No. 12. A bill to be entitled an Act to amend the several Acts relating to the incorporation of the Town of Thunderbolt, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 122, the nays 0. The bill having received the requisite constitutional majority was passed.
By Messrs. Harrell and Blease of Brooks-
House Bill No. 21. A bill to be entitled an Act to authorize the Board of City Commissioners of Quitman, Georgia, to pro-

136

JouRNAL OF THE HousE,

vide an ad valorem tax on property within the corporate limits, 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, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Sapp of Coffee-
House Bill No. 28. A bill to be entitled an Act to amend the charter of the City of Douglas, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 125, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Cogdell of Glynn-
House Bill No. 35. A bill to be entitled an Act to amend the charter of the City of Brunswick, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 125, nays 0.
The bill having received the requisite constitutional majority was passed.
By unanimous consent, the following bills of the Senate were read the first time and referred to the committees:
By Senators Spivey of the 16th District, Atkinson of the 1st District, Pope of the 7th District, Purdom of the 46th District, and Johnson of the 42nd District-
Senate Bill No. 1. A bill to be entitled an Act to provide for the exemption of taxation to the owner of personal property, and for other purposes.
Referred to Committee ~n State of Republic.

TuESDAY, NovEMBER 30, 1937.

137

By Senators Spivey of the 16th District, Atkinson of the 1st District, Pope of the 7th District, and Purdom of the 46th District-
Senate Bill No. 3. A bill to be entitled an Act to define and enlarge the jurisdiction of Courts of Ordinary in certain counties with reference to the disposition of misdemeanor cases arising under the Georgia State Highway Patrol Act of 1937, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Senator Pruett of the 32nd District-
Senate Bill No. 7. A bill to be entitled an Act to amend the Code, defining widows of veterans who are entitled to pensions in this State, and for other purposes.
Referred to Committee on Pensions.
By Senator Pruett of the 32nd District-
Senate Bill No. 8. A bill to be entitled an Act to amend the Code relative to the distribution of money derived from the gasoline tax to counties, and for other purposes.
Referred to Committee on Ways and Means.
The following message was received from the Senate through Mr. Hammond, the Secretarv thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate, to-wit:
By Senators Spivey of the 16th District, Atkinson of the 1st District, Pope of the 7th District, and Purdom of the 46th District-
Senate Bill No. 2. A bill to be entitled an Act to provide for homestead exemption from taxation; to fix the amount of said exemption; to determine the value of the homestead; and for other purposes.
Under the order of unfinished business, the following bill of the House was again taken up for consideration:

138

JouRNAL oF TWE HousE,

By Messrs. Gross of Stephens, Coleman of Lowndes, Harris of Richmond, and Sutton of Wilkes-

House Bill No. 1. A bill to be entitled an Act to amend an Act providing for license and excise taxes upon the business of dealing in malt beverages, and for other purposes.

Mr. Sabados of Dougherty moved the previous question, and the motion prevailed.

An amendment offered by Mr. Evans of McDuffie was read and lost.

An amendment offered by Mr. Field of Whitfield was read and lost.

An amendment offered by Mr. Jones of Brantley was read and lost.

An amendment offered bv Mr. Lewis of Burke was read and

lost.

.

The following amendment was read and adopted:

Mr. Whipple of Bleckley moves to amend House Bill No. 1 by striking the repealing clause therefrom.

An amendment offered by Mr. Whipple of Bleckley was withdrawn.

The following amendment was read and adopted:

Messrs. Parker of Colquitt and Lanham of Floyd move to amend House Bill No. 1 by renumbering Section 2 to read Section 3 and by inserting a new Section to be known as Section 2 in words and figures as follows, to-wit:

Section 2. Be it further enacted that this Act shall continue in force until the 30th day of June 1939 but that after that date the licenses and taxes as imposed in an Act approved March 23, 1935 entitled" An Act to provide a license and excise taxes upon the business of dealers in Malt beverages; to allocate funds derived from such taxes and so on" as appears in the Georgia Laws of 1935 on pages 73-81 inclusive, as amended by the Act approved March 30, 1937, as appears in the printed Georgia laws of 1937, pages 148-154 inclusive, shall again become effective and shall

TuESDAY, NovEMBER 30, 1937.

139

thereafter remain in full force and effect until altered or repealed by the General Assembly.

Messrs. Parker of Colquitt and Lanham of Floyd further move to amend House Bill No. 1 by amending the caption thereof by inserting after the word "annually" in the printed copy of the bill and before the words "and for other purposes" the following words and figures, to-wit: To provide for the expiration date of this amendment.

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

On the passage of the bill, as amended, the roll call was ordered

and the vote was as follows:



Those voting in the affirmative were Messrs.:

Adams

Ennis

Allison

Etheridge

Almand

Evans

Barnard

Ferguson

Batchelor

Fitts

Bennett

Fowler

Bond

Freeman

Bradley

Gammage

Brewton

Gary

Bridges

Gavin

Brooks of Jackson

Grayson

Brooks of Oglethorpe Gross

Carmichael of Randolph Groover

Clark

Grubbs

Clary

Hamby

Clements

Hampton

Cochran

Harden

Coleman

Harrell of Irwin

Corbett

Harrison

Coxon

Hart

Croker

Harvey

Culpepper of Mitchell Hayes

Dampier

Herndon

Daves

Hodges

Deal

Hogg

Dollar

Hollis

Douglass

Holt

Drake

Houston

Dukes

Houze

Ellington

Jackson

Jones of Dodge Key Kirbo Lanham Lanier Larsen Leonard Lewallen Manry Marshall Martin Mavity McCracken McGehee Middleton Miller Moore of Lumpkin Moore of Taliaferro Mundy Musgrove Newby Newton Oden Parker Patten Perry
Peters Pirkle Pound Preston of Walton

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Ragan Rawlins Rees Reid of Carroll Rountree Rowland Sapp Sartain Saunders Scruggs

Simmons Smith of Dodge Striplin Sutton Swindle Tapp Todd Thomas Wall Wages

Walton Ware Warnock Whaley Whipple Williams of Bacon Williams of Jones Wilson Yeomans Zellner

Those voting in the negative were Messrs.:

Ansley Barlow Barrett Blease Booth Brown of Peach Campbell Candler Carmichael of Cobb Claxton Cogdell Cohen Culpepper of Fayette DeFoor Drinkard Dunn Durden Edwards Elliott Erwin Field

GuYton Hand Harrell.of Brooks Harris Hastings Hendrix Herrin Johnson Jones o(Bartow Jones of Brantley Jones of Elbert Jones of Jenkins Keel Kendrick Lewis Mankin McCravey McGraw McNall Milam

Moore of Haralson Morgan Morris Moss Palmour Phillips Pilcher Reid of Wilcox Sabados Sams Sanders Smith of Henry Tate Taunton Trapnell Trippe
Turner Vickery Weaver Welsch

Those not voting were Messrs.:

Bargeron Beck Brown of Greene Chappell Daughtry Davis Dean Dugas

Flanders Goff Hill of Clarke HiUiof Screven Home Joel Moore:o(Baldwin Peebles

Preston of Bulloch Salter Smith of Muscogee Spence Warnell Watkins Whitaker

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

TuESDAY, NovEMBER 30, 1937.

141

On the passage of the bill, as amended, the ayes were 120, the nays 61.
The bill having received the requisite constitutional majority was passed, as amended.
The following resolution of the House was read and adopted:
By Mr. Daves of Dooly-
House Resolution No. 27. Whereas, Hon. G. C. Dugas, member of this body from the County of White, was injured in an automobile accident on yesterday and is now confined in a hospital in the City of Atlanta,
Be it resolved by the House, that the Clerk of the House be instructed to convey to him our profound regrets over his misfortune and our hopes for his speedy recovery and return to the House.
Mr. Taunton of Taylor moved that the House do now adjourn, and the motion prevailed.
Leaves of absence were granted to Messrs. Hill of Screven, Bargeron of Burke, and Mundy of Polk.
The Speaker announced the House adjourned until tomorrow morning at 10:00 o'clock.

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REPRESENTATIVE HALL, ATLANTA, GA.,

WEDNESDAY, DECEMBER 1, 1937.

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

Croker

Allison

Culpepper of Fayette

Almand

Culpepper of Mitchell

Ansley

Dampier

l3argeron

Daves

l3arlow

Davis

:Barnard

Deal

:Sarrett

Dean

:Batchelor

DeFoor

:Seck

Dollar

:Sennett

Douglass

::Slease

Drake

:Bond

Drinkard

:Sooth

Dukes

Bradley

Dunn

Brewton

Durden

:Bridges

Edwards

:Brooks of Jackson

Ellington

:Brooks of Oglethorpe Elliott

:Brown of Greene

Ennis

:Brown of Peach

Erwin

Campbell

Etheridge

Candler

Evans

Carmichael of Cobb

Ferguson

Carmichael of Randolph Field

Clark

Fitts

Clary

Flanders

Claxton

Fowler

Clements

Freeman

Cochran

Gammage

Cogdell

Gary

Cohen

Gavin

Coleman

Goff

Corbett

Grayson

Coxon

Groover

Grubbs GuYton Hamby Hampton Hand Harden Harrell of :Brooks Harrell of Irwin Harris Harrison Hart Harvey Hastings Hayes Hendrix Herndon Herrin Hill of Clarke Hill of Screven Hodges Hogg Hollis Holt Houston Houze Jackson Joel Johnson Jones of :Bartow Jones of Brantley Jones of Dodge Jones of Elbert Jones of Jenkins Keel Kendrick

\\'EDNESDAY, DECEMBER 1, 1937.

143;

Key Kirbo Lanham Lanier Larsen Leonard Lewallen Lewis Mankin Manry
Marshall Martin Mavity
McCracken McCravey McGehee McGraw McNall Middleton Milam Miller Moore of Baldwin Moore of Haralson Moore of Lumpkin Moore of Taliaferro Morgan Morris Moss Mundy Musgrove Newby

Newton Oden Palmour Parker Patten Perry Peters Phillips Pilcher Pirkle Pound Preston of Bulloch Preston of Walton Ragan Rawlins Rees Reid of Carroll Reid of Wilcox Rountree Rowland Sabados Salter Sams Sanders Sapp Sartain Saunders Scruggs Simmons Smith of Dodge Smith of Henry

Smith of Muscogee Striplin Sutton Swindle Tapp Taunton Todd Thomas Trapnell Trippe Turner Vickery Wall Wages Walton Ware Warnell Warnock Watkins Weaver Welsch Whaley Whipple Whitaker Williams of Bacon Williams of Jones Wilson Yeomans Zellner Mr. Speaker

Mr. Harrell of Brooks, Acting Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

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.

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2. Reports of standing committees.
3. Second reading of bills and resolutions, favorably reported.
4. Third reading and passage of local uncontested bills and resolutions.
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 Messrs. Bennett of Ware, Houston of Worth, Harrell of Brooks, Hollis of Morgan, and Key of Jasper-
House Bill No. 108. A bill to be entitled an Act to amend an Act to declare an emergency concerning the production, distribution, and sale of milk, and for other purposes.
Referred to Committee on General Agriculture No. 2.
By Messrs. Corbett of Atkinson, Houze of Lowndes, Miller of Lanier, Swindle of Berrien, Coleman of Lowndes, Herrin of Echols, and others-
House Bill No. 109. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding a road in Berrien County, and for other purposes.
Referred to Committee on Public Highways No.2.
By Mr. Adams of Franklin-
House Bill No. 110. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding a road in Franklin County, and for other purposes.
Referred to Committee on Public Highways No.2.
By Messrs. Brown of Peach, Newby of Twiggs, Rees of Webster, Scruggs of Washington, Rowland of Johnson, and others-
House Bill No. 111. A bill to be entitled an Act to amend Title 92 ("Public Revenue"), Division 1 ("Sources of Revenue"),

WEDNESDAY, DECEMBER 1, 1937.

145

Part 2 ("Specific and Occupation Taxes") Chapter 92-14 ("Motor Fuels") of the Code of Georgia of 1933, amending "Motor Fuel Tax Law," by striking from paragraph (A) (1) of Section 92-1404 of said Act the words and figures "four ($0.04) cents per gallon" and substituting in lieu thereof the words and figures "three ($0.03) cents per gallon," and for other purposes.
Referred to Committee on Public Highways No. 1.
By Mr. Preston of Bulloch-
Hause Bill No. 112. A bill to be entitled an Act to make appropriation for the operation and maintenance of the State Licensing Board for Contractors, and for other purposes.
Referred to Committee on Special Appropriations.
By Mrs. Coxon of Long, Messrs. Key of Jasper and Lanier of Richmond-
House Bill No. 113. A bill to be entitled an Act amending the General Appropriation Act, allocating tobacco tax for paying Confederate widows, and directing methods of payment, and for other purposes.
Referred to Committee on Appropriations.
By Mrs. Coxon of Long, Messrs. Phillips of Hall and Grayson of Chatham-
House Bill No. 114. A bill to be entitled an Act to amend Section 92-3701 of the 1933 Code of Georgia being the Section of the Code providing the purposes for which county taxes may be levied, and for other purposes.
Referred to Committee on Ways and Means.
By Mr. Barnard of Towns-
House Bill No. 115. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding a certain road in Towns County, and for other purposes.
Referred to Committee on Public Highways No.. 2.
By Mr. Herndon of Hart-
House Bill No. 116. A bill to be entitled an Act to amend

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an Act, approved February 26, 1936, incorporating the town of Hartwell, in Hart County, and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Lewis of Burke and Jones of Jenkins-
House Bill No. 117. A bill to be entitled an Act to repeal an Act pertaining to the sea food industries in this State, and for other purposes.
Referred to Committee on Conservation.
By Mr. Morris of Douglas-
House Bill No. 118. A bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Douglas County, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Morris of Douglas-
House Bill No. 119. A bill to be entitled an Act to reduce the official bond of the Sheriff of Douglas County from $10,000.00 to $3,000.00, and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Grayson, McNall, and Cohen of Chatham-
House Bill No. 120. A bill to be entitled an Act to amend the Acts of the Legislature of Georgia affecting the Municipal Court of Savannah, and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. DeFoor of Mcintosh, Hodges of Liberty, and Cohen of Chatham-
House Bill No. 121. A bill to be entitled an Act to amend an Act approved March 24, 1937 (Georgia Laws 1937, p. 622) providing for a tax on sales of crabs, by adding thereto the words "crab meat t~ken from" so as to provide the tax therein imposed on crab meat, and for other purposes.
Referred to Committee on Conservation.

\VEDNESDAY, DECEMBER 1, 1937.

147

By Messrs. DeFoor of Mcintosh, Hodges of Liberty, and Cohen of Chatham-
House Bill No. 122. A bill to be entitled an Act to amend the Code of Georgia of 1933, relating to license fees levied on commercial fishing boats, and for other purposes.
Referred to Committee on Game and Fish.
By Mr. Holt of Appling-
House Bill No. 123. A bill to be entitled an Act to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize all counties and municipalities of the State of Georgia to refund a bonded indebtedness, and for other purposes.
Referred to Committee on Amendments to Constitution No. 1.
By Messrs. Holt of Appling, Cochran of Thomas, Martin of Jeff Davis, and others-
House Bill No. 124. A bill to be entitled an Act to revise the health laws of the State of Georgia, and for other purposes.
Referred to Committee on Hygiene and Sanitation.
By Messrs. Parker of Colquitt and Edwards of Thomas-
House Bill No. 125. A bill to be entitled an Act to appropriate the sum of $4790.99 to reimburse Hon. J. F. Singletary, Clerk of Thomas Superior Court, and for other purposes.
Referred to Committee on Special Appropriations.
By Messrs. Leonard, Smith, and Elliott of Muscogee-
House Bill No. 126. A bill to be entitled an Act to provide for reciprocal agreements with other States as to privileges of operating motor vehicles over the highways of this State, and for other purposes.
Referred to Committee on Industrial Relations.
By Mr. Martin of Jeff Davis-
House Bill No. 127. A bill to be entitled an Act to amend

148

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an Act so as to change the time for holding Superior Court in the County of Jeff Davis, and for other purposes.
Referred to Committee on Special Judiciary.
By Messrs. Candler, Sams, and Turner of DeKalb-
House Bill No. 128. A bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Decatur, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Fowler of Treutlen-
House Resolution No. 28-128a. A resolution proposing to the qualified voters of the State of Georgia for ratification an amendment to Article 7, Section 6, Paragraph 2, of the Constitution of Georgia, giving the right to any county to levy a tax for the purpose of providing forest fire protection and for the further conservation of natural resources, and for other purposes.
Referred to Committee on Amendments to Constitution No.2.
By Messrs. Phillips and Palmour of Hall-
House Resolution No. 29-128b. A resolution proposing an amendment to the Constitution of Georgia authorizing the City of Gainesville to refund certain bonded indebtedness, and for other purposes.
Referred to Committee on Amendments to Constitution No.2.
By Messrs. Groover and Morgan of Troup-
House Resolution No. 3Q-128c. A resolution for the refund and relief of tax paid by D. Yalovitz, doing business under the trade name of LaGrange Jewelry and Arms Company, and for other purposes.
Referred to Committee on Appropriations.
By Messrs. Milam of Spalding, Hastings of Fulton, and Allison of Gwinnett-
House Bill No. 31-128d. A resolution in reference to the

WEDNESDAY, DECEMBER 1, 1937.

149

$25,000.00 already appropriated for acoustical treatment of the State Capitol, and for other purposes.
Referred to Committee on Appropriations.
By Mr. Key of Jasper-
House Resolution No. 32-128e. A resolution to make appropriation for the operation of the State Radio Commission, and for other purposes.
Referred to Committee on Appropriations.
Mr. Cogdell of Glynn 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 Vice-Chairman, to report the same back to the House with the following recommendations:
House Bill No. 47. Do pass. House Bill No. 107. Do pass. House Bill No. 41. Do pass. House Bill No. 31. Do pass. House Bill No. 90. Do pass. House Bill No. 46. Do pass. House Bill No.6. Do pass. House Bill No. 72. Do pass. House Bill No. 86. Do pass. House Bill No. 62. Do pass.
Respectfully submitted,
CoGDELL of Glynn, Vice-Chairman.
Mr. Sartain of Walker County, Chairman of the Committee on Engrossing, submitted the following report:
Mr. Speaker:
Your Committee on Engrossing has examined, found properly

150

JOURNAL oF THE HousE,

engrossed, and ready for transmission to the Senate, the following bills of the House, to-wit:
House Bills Nos. 1, 7, 8, 12, 21, 28, 35.
Respectfully submitted, SARTAIN of Walker, Chairman.
Mr. Groover of Troup County, Chairman of the Committee on Enrollment, submitted the following report:
Mr. Speaker: Your Committee on Enrollment has examined, found properly
enrolled, and ready for transmission to the Governor, the following resolution of the House, to-wit:
House Resolution No. 21. Respectfully submitted, GROOVER of Troup, Chairman.
Mr. Deal of Bulloch County, Chairman of the Committee on General Judiciary No.2, submitted the following report:
Mr. Speaker: Your Committee on General Judiciary No.2 have had under
consideration the following bills of the House and have instructed me, as Chairman, to report the same back to the House with the following recommendations:
House Bill No. 68. Do pass. House Bill No. 70. Do pass.
Respectfully submitted, DEAL of Bulloch, Chairman.
Mr. McCracken of Jefferson County, Chairman of the Committee on Municipal Government, submitted the following report:
Mr. Speaker: Your Committee on Municipal Government have had under
consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the House with the following recommendation:
House Bill No. 97. Do pass. Respectfully submitted, McCRACKEN of Jefferson, Chairman.

\VEDNESDAY, DEcE:.rBER 1, 1937.

151

Mr. Coleman 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 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. 57. Do pass.
Respectfully submitted,
CoLEMAN of Lowndes, Chairman.
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 and House, to-wit:
By Senator Atkinson of the 1st District-
Senate Bill No. 6. A bill to amend the Constitution of Georgia so as to authorize the City of Savannah to incur additional bonded indebtedness, and for other purposes.
By Mr. Sutton of Wilkes-
House Resolution No. 21. A resolution ratifying the action
of the Governor, Hon. E. D. Rivers, in suspending the minimum
payment or deposit of $10.00 for corporations and $2.00 for individuals in filing income tax returns, and for other purposes.
By Messrs. Harrell of Brooks, Cochran of Thomas, Coleman of Lowndes, and Dollar of Grady-
House Resolution No. 22. A resolution commending our United States Senators and Congressmen in their valiant opposition to the Wagner Anti-Lynch law, and for other purposes.
Bv unanimous consent, the following bills of the House, favorably reported, were read the second time:

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JouRNAL oF THE HousE,

By Mr. Zellner of Monroe-
House Bill No. 6. A bill to he entitled an Act to authorize counties and cities having a population of one thousand or more, to pass zoning and planning laws, and for other purposes.
By Mr. Wall of Schley-
House Bill No. 31. A hill to be entitled an Act to abolish the City Court of Ellaville, and for other purposes.
By Messrs. Jones and Smith of Dodge-
House Bill No. 41. A bill to he entitled an Act to amend Title 34 (Elections), Chapter 34-3 (County Registrars, Appointment and Oath) of the Code of Georgia of 1933, and for other purposes.
By Mr. Carmichael of Randolph_:_
House Bill No. 46. A bill to be entitled an Act to reduce the amount of the bond of the Sheriff of Randolph County, and for other purposes.
By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton-
House Bill No. 47. A bill to be entitled an Act to amend the sanitary laws in counties of over 200,000 population, and for other purposes.
By Messrs. Parker and Barlow of Colquitt-
House Bill No. 57. A bill to be entitled an Act to provide the manner in which the General Assembly may convene in emergency or extraordinary sessions, and for other purposes.
By Mr. Gross of Stephens-
House Bill No. 62. A hill to be entitled an Act to amend an Act to create and establish the City Court of Stephens County, and for other purposes.
By Mr. Welsch of Cobb-
House Bill No. 68. A bill to be entitled an Act to amend the Code of Georgia in reference to the exercise of the right of eminent domain, and for other purposes.

WEDNESDAY, DECEMBER 1, 1937.

153

By Messrs. Sams, Candler, and Turner of DeKalb-
House Bill No. 70. A bill to be entitled an Act relating to the setting apart of a year's support, and for other purposes.
By Mr. Claxton of Camden-
House Bill No. 72. A bill to be entitled an Act to empower the governing authorities in certain counties to increase the compensation of sheriffs, and for other purposes.
By Messrs. Perry and Houston of Worth-
House Bill No. 86. A bill to be entitled an Act to reduce the official bond of the Sheriff of Worth County, and for other purposes.
By Mr. Dean of Rockdale-
House Bill No. 90. A bill to be entitled an Act to amend an Act in reference to the Board of Commissioners of Roads and Re_venues of Rockdale County, and for other purposes.
By Mr. Williams of Jones-
House Bill No. 97. A bill to be entitled an Act to amend the charter of the Town of Gray, and for other purposes.
By Messrs. Harris and Lanier of Richmond-
House Bill No. 107. A bill to be entitled an Act to amend an Act in reference to the appointment of an assistant solicitor general in lieu of a special criminal bailiff, in certain counties, 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. Harrison of Crawford-
House Bill No. 24. A bill to be entitled an Act to create a new charter for the City of Robert_a, 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 103, the nays 0.

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JOURNAL O.F THE HousE,

The bill having received the requisite constitutional majority was passed.
By Mr. Whipple of Bleckley-
House Bill No. 63. A bill to be entitled an Act to amend an Act to create a new charter for the Town of Cochran, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Houston and Perry of Worth-
House Bill No. 64. A bill to be entitled an Act to amend an Act to create a new charter for the City of Sylvester, 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, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. McGehee of Dawson-
House Bill No. 74. A bill to be entitled an Act to amend the charter of the Town of Dawsonville, 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, the nays 0. The bill having received the requisite constitutional majority was passed.
By Mr. Hamby of Rabun-
House Bill No. 76. A bill to be entitled an Act to grant to the City of Clayton permission to increase its bonded indebtedness, and for other purposes.

\VEDNESDAY, DECEMBER 1, 1937.

155

The report 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, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Simmons and Kirbo of Decatur-
House Bill No. 77. A bill to be entitled an Act to repeal an Act to incorporate the Town of Diffee, and for other purposes.
The following amendment to House Bill No. 77 was read and adopted:
Messrs. Simmons and Kirbo of Decatur move to amend House Bill No. 77 by striking Section 1 and inserting in lieu thereof a new Section to be numbered Section 1 and to read as follows:
Section 1. That an Act entitled "A bill entitled an Act to incorporate the Town of Diffee in the County of Decatur; to provide for the election of the Mayor and Council of said town; to define the corporate limits of said town; to provide for a system of revenue by taxation or otherwise and for other purposes therein contained, approved August 22, 1907" be and the same is 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 108, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
By unanimous consent, the following bills of the Senate were read the first time and referred to the committees:
By Senator Atkinson of the 1st District-
Senate Bill No. 6. A bill to be entitled an Act to amend the Constitution of the State of Georgia, so as to authorize the City of Savannah to incur additional bonded indebtedness, and for other purposes.

156

JouRNAL OF THE HousE,

Referred to Committee on Amendments to Constitution No. 1.
By Senators Spivey of the 16th District, Atkinson of the 1st District, Pope of the 7th District, and Purdom of the 46th District-
Senate Bill No. 2. A bill to be entitled an Act to provide for homestead exemption from taxation; to fix the amount of said exemption; and for other purposes.
Referred to Committee on State of Republic.
Under the regular order of business, the following bill of the House was taken up for consideration:
By Mr. Booth of Barrow-
House Bill No. 11. A bill to be entitled an Act requiring a license for the opening, operating, and maintenance of a theater, or a chain of theaters, and for other purposes.
By unanimous consent, the bill was recommitted to the Committee on Ways and Means.
The following reports were filed with the Clerk of the House:
HoN. RoY V. HARRIS,
Speaker of the House of Representatives.
Dear Sir:
In compliance with House Resolution No. 14a, I submit the following from the records on file in my office:
From the State Auditor's report of examination of the Division of Wild Life of the Department of Natural Resources for the period January 1-June 30, 1937, and from certificates of disbursements filed of this Unit with the Budget Bureau for the period July 1-November 15, 1937, the name of Hon. J. T. Houze, Representative from Lowndes, appears on the payroll for 5400 salary and $473.44 travel expense.
Likewise from the Bureau of Unemployment Compensation of the Department of Labor, April !-November 15, 1937, the name of Hon. Wilmer D. Lanier, Representative from Richmond, appears for $2,293.33 compensation and for $186.09

WEDNESDAY, DECEMBER 1, 1937.

157

travel expense. This amount paid from Federal Funds.
Likewise from the Industrial Board of the Department of Labor, March 27-31, 1937, the name of Hon. Wilmer D. Lanier, Representative from Richmond, appears for $65.75 salary and $37.93 travel expense.
Likewise from the Department of Public Safety the name of Hon. Clement E. Sutton appears for $1,949.98 salary and for $198.98 travel.
Likewise from the Department of the Chief Executive appears the names of members of the General Assembly for travel expenses only, as follows:
Hon. H. G. Atwood, Senator 2nd District, "Crab Tax Commission" .................... $ 44.30
Hon. John W. Bennett, Jr., Representative Ware
"Special Tax Investigation". . . . . . . . . . . . . . . . . 75.00
Hon. C. J. Cogdell, Representative Glynn,
"Crab Tax Commission". . . . . . . . . . . . . . . . . . . . 76.50
Hon. Roy V. Harris, Representative Richmond, "Special Assignment".................. . . . . . 457.05
Hon. J. T. Houze, Representative Lowndes,
"Crab Tax Commission".................... 74.39
Hon. H. L. Lanham, Representative Floyd, "Tax Commission Hearing". . . . . . . . . . . . . . . . . 150.00
Hon. A. A. Marshall, Representative Macon, "Crab Tax Commission". . . . . . . . . . . . . . . . . . . . 31.00
Hon. W. D. Sanders, Representative Coweta, "Crab Tax Commission". . . . . . . . . . . . . . . . . . . . 39.00
Hon. John B. Spivey, Senator 16th District, "Special Assignment" . . . . . . . . . . . . . . . . . . . . . . 284.60
The names listed include all of the Members of the General Assembly appearing on State Payrolls, other than Legislative, of which I have any knowledge.
It has not been possible to check the personnel schedules of

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JouRNAL oF THE HousE,

all the units of the State Government for the data requested by House Resolution 14a and some names of members of the General Assembly may have been overlooked.
I have no information as to any direct payments by the Federal Government to any member of the General Assembly of Georgia. The Bureau of Unemployment Compensation is wholly supported by Federal Grants, but its disbursements are under State Budget control.
Yours very truly,
ToM WisDoM, State Auditor.

To the HoN. RoY V. HARRIS,
Speaker of the House of Representatives of Georgia,
Adanta, Ga.
RE: House Resolution No. 14a.
Dear Mr. Speaker:
On the day after the adjournment of the last General Assembly, Governor E. D. Rivers sent for me and requested me as a favor to the administration to accept temporary employment to assist in setting-up the newly created Department of Labor of Georgia, and the Bureau of Unemployment Compensation within the Department of Labor, and the Division of Unemployment Compensation and the Division of State Employment Service within the Bureau of Unemployment Compensation all within the Department of Labor.
The Governor urged me to do this service as he stated that I was more familiar with the above newly created Departments and the requirements of such Department than anyone else, in his judgment.
I discussed with the Governor the matter of the legality of doing this temporary service and he was of the opinion that it . was not contrary to the law for me to accept temporary employment, not holding any office or appointment, to assist in settingup the above referred to Departments and getting them under way.

\VEDNESDAY, DECEMBER 1, 1937.

159

On the morning of March 27, 1937, I began work to get under way the Department of Labor and the above named Bureau of Unemployment Compensation and its subdivisions. I worked at the above stated employment from March 27 through September 15, 1937, although on at least three different occasions during that time I requested the Governor to relieve me as my private business was suffering a great loss. However the Governor, on account of his illness and the many complex difficulties of getting the Unemployment Compensation Act administered, insisted that I stay on and that he would relieve me at the very earliest moment that he possibly could. The Governor did relieve me of my temporary employment on September 15, 1937, through the employment of the Hon. Clifford Walker.
During the term of my employment I was paid from the funds of the Federal Government a salary of four hundred dollars per month from April 1 through September 15, 1937, totalling two thousand two hundred and ninety-three dollars and thirty-three cents ($2,293.33).
My traveling expenses of one hundred and eighty-six dollars and nine cents ($186.09) were paid from the funds of the Federal Government as this is the sum incurred by me as traveling expenses in the setting up of the Bureau of Unemployment Compensation and to the best of my recollection involved the following trips:
Three trips to Washington, D. C., for conferences with the Bureau of Unemployment Compensation of the U. S. Government and other Departments of the U. S. Government;
Two trips to Savannah, Georgia, for the following purposes: (1) Explanation to the members of the Hotel Association of Georgia of the Unemployment Compensation Act and how it affected their business and the requirements of the Act. (2) Explanation to the Georgia Better Business Men's Association and the Quality Service Merchants of the Unemployment Compensation Act and how it affected their business and the requirements of the Act.
A trip to Macon, Georgia, to explain at the opening of the

160

JouRNAL oF THE HousE,

State Employment Office the duties of the State Unemployment office and how it fitted into the Bureau. of Unemployment Compensation and an explanation of the Unemployment Compensation Act.

A trip to Rome, Georgia, to explain to the Ginners Association the Unemployment Compensation Act, how it affected the business of Ginners and what the Act required of them.

A trip to Waycross, Georgia, in the litigation by the Naval Stores Industry in reference to the payment of unemployment compensation tax which case was tried by the United States Judge, the Hon. Bascom Deaver.
A trip to Sylvania, Georgia, which was made en route back from Savannah to Atlanta on the occasion that I had spoken to the Hotel Men's Association, to explain at an open meeting the Unemployment Compensation Act.

From March 27 through March 31, 1937, the Unemployment Compensation Bill not having been approved until April 1, 1937, by the Social Security Board, I was paid from the funds of the Department of Labor of Georgia the sum of sixty-five dollars and seventy-five cents ($65.75), and the sum of thirty-seven dollars and ninety-three cents ($37.93) for expenses, which thirtyseven dollars and ninety-three cents ($37.93) covered expenses to Washington which was made prior to April 1, 1937.
I have requested the above Departments to furnish me with copies of all expense accounts accrued by reason of services rendered by me. I shall be pleased to file an itemized record of each expense when furnished with them as I have kept no record of such expenses but an account of each expense is of file in each of the above Departments.

Very truly yours, WILMER D. LANIER.

MR. RoY V. HARRis,

Speaker of the House of Representatives,

Atlanta, Ga. Dear Sir:

RE: House Resolution No. 14a.

WEDNESDAY, DECEMBER 1, 1937.

161

I have been furnished with the requested itemized statement referred to in my report addressed to you, dated November 30,

1937, therefore I enclose them to you.



Respectfully yours,

w. D. LANIER.

12-2-37.

From Washington, D. C., Official Station, Atlanta, Ga., April

1, 1937.

Taxi fare in Washington, D. C................ .

$ .40

Supper At Washington, D. C.................. $ .80

Lodging at hotel, Raleigh and phone calls (long

distance and local) ................... : .. . 8.40

Breakfast at Washington, D. C. .............. . .30

Dinner at Washington, D. C. ................ . .50

Total Subsistence .......... .

$10.00

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

$10.40

Working on Unemployment Compensation, Georgia.

(Signed) W. D. Lanier

From Washington, D. C., Official Station Atlanta, Ga., April

2, 1937.

Taxi fare in Washington ..................... .

$ .60

Supper at Washington ....................... $ .85

Lodging at hotel, Raleigh and phone calls (Busi-

ness) .................................. . 4.20

Breakfast at Washington .................... . .30

Dinner at Washington ...................... . .70

Total Subsistence .......... .

$ 6.05

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

$ 6.65

Working at Georgia Unemployment Compensation Law and

Eg't. Dept. functions and approval.

(Signed) W. D. Lanier.

From Washington, D. C., Official Station, Atlanta, Ga., April 3, 1937.

162

JouRNAL OF TH.E HousE,

Taxi fare in Washing'{on ..................... .

.80

Supper at Washington ....................... $ 1.10

Lodging at hotel, Raleigh and phone calls (Busi.

ness) .................................. . 4.40

Breakfast at Washington .................... . .40

Dinner at Washington (Self, Commissioner

Whitaker, Dir. James and Legislature Aides

S. S. Board) ........................... . 5.00

Total Subsistence .......... .

$10.90

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

$11.70

Working at establishing Georgia Unemployment Compensation

Bureau.

(Signed) W. D. Lanier.

From Washington, D. C., Official Station, Atlanta, Ga., April 4, 1937.
Supper at Washington ....................... $ 1.10 Lodging at hotel, Raleigh Hotel. . . . . . . . . . . . . . . 4. 00 Breakfast at Washington. . . . . . . . . . . . . . . . . . . . . .30 Dinner at Washington. . . . . . . . . . . . . . . . . . . . . . . .50

Total Subsistence. . . . . . . . . . .

$ 5. 90

(Signed) W. D. Lanier.

From Washington, D. C., Official Station, Atlanta, Ga., April

5, 1937.

Taxi fare in Washington......................

$ .80

Supper at Washington ....................... $ 1.10

Lodging at hotel, Raleigh and phone calls . . . . . . 4. 20

Breakfast at Washington..................... .40

Dinner at Washington....................... .50

Total Subsistence.......... .

$ 6.20

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

$ 7.00

Unemployment Compensation Bureau of Georgia setting up

and arranging beginning details.

(Signed) W. D. Lanier.

WEDNESDAY, DECDIBER 1, 1937.

163

From Washington, D. C., Official Station, Atlanta, Ga., April

6, 1937.

Taxi fare in Washington, D. C................

$ .60

Supper at Washington, D. C. . . . . . . . . . . . . . . . . . $ 1.10

Lodging at hotel, Raleigh Hotel. . . . . . . . . . . . . . . 4. 00

Breakfast at Washington, D. C.. . . . . . . . . . . . . . . .40

Dinner at Washington, D. C.................. .50

Total Subsistence ......... .

$ 5.70

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

$ 6.30

(Signed) W. D. Lanier.

From Washington, D. C., Official Station, Atlanta, Ga., April

7, 1937.

Fare and berth, Washington to Atlanta, Ga.. . . .

$17.78

Supper at Martinsburg, Va................... $ . 50

Breakfast at Washington, D. C................ .40

Dinner En route............................. .70

Total Subsistence ......... .

$ 1.60

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

$19.38

.Enroute to Atlanta to Bureau of Unemployment Compensation.
(Signed) W. D. Lanier.

From Washington, D. C., Official Station, Atlanta, Ga., April 8, 1937.
Supper at Charleston, N. C. .................. $ 1.10 Breakfast at Martinsburg, Va.. . . . . . . . . . . . . . . . . 50 Dinner En route............................. .50

Total Subsistence ......... .

$ 2.10

En route to Atlanta from Washington, D. C., after completion details setting up Bureau of Unemployment Compensation. Arrived at Atlanta, 1:00 o'clock, May 8, 1937.

(Signed) W. D. Lanier.

164

JouRNAL oF THE HousE,

From Atlanta, Ga., April 12, 1937.
Departed from Atlanta, Ga., at 8:00 o'clock, arrived at Jackson, Miss., at 6:00 o'clock P.M.
Supper at Jackson, Miss...................... $ .60 Lodging at hotel. . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. 00 Dinner En route . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50

Total Subsistence ......... .

$ 4.10

Going to Jackson, Miss., to study the Mississippi Unemployment Compensation set-up.
(Signed) W. D. Lanier.

From Atlanta, Ga., April 13, 1937.
Departed from Jackson, Miss. at 4:00 o'clock P.M., arrived at New Orleans, La. at 8:00 o'clock P.M.
Supper at New Orleans, La................... $ . 75 Lodging at hotel. . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. 00 Breakfast at Jackson, Miss. . . . . . . . . . . . . . . . . . . .40 Dinner En route . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60

Total Subsistence ......... .

$ 4.75

En route to Baton Rouge, La., to study Louisiana Unemployment Compensation set-up.
(Signed) W. D. Lanier.

From Atlanta, Ga., April 14, 1937.
Departed from New Orleans, La. at 7:00 o'clock A. M., arrived at Baton Rouge, La., from Baton Rouge, La. to Mobile, Ala., arrived April 14, 1937.
Supper En route to Mobile, Ala............... $ .75 Lodging at hotel, Mobile. . . . . . . . . . . . . . . . . . . . . 2. 50 Breakfast at Mobile, Ala.. . . . . . . . . . . . . . . . . . . . . 50

Total Subsistence ......... .

$ 3.75

En route to Birmingham, Ala., to study Alabama Unemploy-

ment Compensation set-up.

(Signed) W. D. Lanier.

WEDNESDAY, DECEMBER 1, 1937.

165

From Mobile, Ala., Official Station, Atlanta, Ga., April 15, 1937. Departed from Mobile, Ala., by way of Montgomery, Ala., to
Atlanta, Ga. Breakfast at Mobile, Ala..................... $ .40 Dinner at Montgomery, Ala.. . . . . . . . . . . . . . . . . . . 50

Total Subsistence ......... .

$ .90

En route to Atlanta to office.

(Signed) W. D. Lanier.

Official Station, Atlanta, Ga., May 26, 1937.

This is in addition to Check No. 221... . . . . . . . .

$ 3.10

This check is in addition to check No. 221.

(Signed) W. D. Lanier.

Official Station, Atlanta, Ga., June, 1937. Rail and Berth to Savannah, Ga.............. . Other Allowable Expenses (Explain) .......... .

$ 8.10 $ .55

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

$ 8.65

Other allowable expenses consist of:

Tip to porter. . . . . .25

Taxi to depot.... .30

Purpose of trip, June 3 through June 5, was to make two

speeches; one at Savannah Hotel to Hotel Men's Association

on Georgia Unemployment Compensation Act. As relevant to

them, and one in Sylvania to people of Screven County on the

Social Security Act.

(Signed) W. D. Lanier.

Official Station, Atlanta, Ga., June 4, 1937. Departed from Savannah, Ga., June 4, 1937. Supper at Savannah, Ga...................... $ .48 Lodging at hotel, Savannah, Ga.............. . 3.10 Breakfast at Savannah, Ga.................. . .55

Total Subsistence ......... . Other Allowable Expenses (Explain) .......... .

$ 4.13 .20

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

$ 4.33

166

JouRNAL oF THE HousE,

Other allowable expenses consist of taxi to Savannah Hotel from depot, 20.
Purpose of trip, June 3 through June 5, was to make two speeches; one at Savannah Hotel to Hotel Men's Association on Georgia Unemployment Compensation Act, as relevant to them, and one in Sylvania to people of Screven County on the Social Security Act.
(Signed) W. D. Lanier.

Official Station, Atlanta, Ga., June 5, 1937. Departed from Rocky Ford, Ga.,June 5, 1937 by rail, arrived
at Atlanta, Ga. by rail. ..........................$ 3.50 Supper...................................... $ .50 Breakfast. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45 Dinner..................................... .75

Total Subsistence .......... .

$ 1.70

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

$ 5.20

Purpose of trip, June 3 through June 5, was to make two

speeches; one at Savannah Hotel, to Hotel Men's Association

on Georgia Unemployment Compensation Act, as relevant to

them, and one in Sylvania to people of Screven County on the

Social Security Act.

(Signed) W. D. Lanier.

Official Station, Atlanta, Ga., June 25, 1937. Departed from Atlanta, Ga., at 10:00 o'clock A. M., Spdmtr.
18006, arrived at Birmingham, Ala., at 1:00 o'clock P. M. Spdmtr. 18172, 166 Miles . . . . . . . . . . . . . . . . . . . . . . . . . $ 8.30 Supper at Birmingham, Ala................... $ . 85 Lodging at hotel Redmont, Birmingham, Ala... . 3. 20 Dinner at Pall City. . . . . . . . . . . . . . . . . . . . . . . . . . . 50

Total Subsistence .......... .

$ 4.55

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

$12.85

Judge W. W. Larsen, Director Division of Unemployment Compensation, and I left Atlanta in my car after attending to

\VEDNESDAY, DECEMBER 1, 1937.

167

duties of bureau in advice of Executive Director James and Commissioner of Labor Whitaker on morning of June 25, 1937, to go to Regional Conference and replace Mr. James and Commissioner Whitaker so they could return to Bureau and the Bureau would be represented at conference through Saturday, June 26, 1937.
(Signed) W. D. Lanier.

Official Station, Atlanta, Ga., June 26, 1937.

Departed from Birmingham, Ala., at 8:00 o'clock A.M., Spdmtr.

18172, arrived at Atlanta, Ga., at 8:00 o'clock P.M., Spdmtr.

18338, 166 Miles. . . . . . . . . . . . . . . . . . . . . . . .

$ 8. 30

Breakfast at Birmingham, Ala................. $ . 55

Dinner at Sheffield, Ala.. . . . . . . . . . . . . . . . . . . . . . .65

Total Subsistence.......... .

$ 1.20

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

$ 9.50

The Regional Conference adjourned before time unexpectedly and Judge Larsen and I left, riding in my car, could not get back into Atlanta in time for making home on Saturday, June 26, 1937, and therefore made no attempt to immediately return to Atlanta, Ga.
(Signed) W. D. Lanier.

From Savannah, Ga., to Official Station, Atlanta, Ga., July 20, 1937.

Departed from Savannah, Ga., at 5:00 o'clock P. M., Spdmtr.

180.20, arrived at Atlanta, Ga., at 9:00 o'clock A. M.,

Spdmtr. 18530,3.10 Miles................

$15.50

Supper at Waynesboro, Ga.................... $ . 50

Lodging at hotel, Guest-no charges.

Breakfast at Savannah Hotel. . . . . . . . . . . . . . . . . .60 Dinner, Guest-no charges.

Total Subsistence .......... . Other allowable expenses .................... .

$ 1.00 1.00

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

$17.60

168

JOURNAL OF THE HousE,

See report as to July 18, 1937, July 19, 1937 and July 20, 1937. Attended and spoke to joint convention and returned from Savannah to Atlanta, Ga.
(Signed) W. D. Lanier.

Official Station, Atlanta, Ga., July 20, 1937.
Departed from Atlanta at 3:30, Spdmtr. 17,900, Arrived at Savannah, 6:00 P. M., Spdmtr. 18,210,3.10 Miles.......................
Supper at Savannah Hotel .................... $ Breakfast at Savannah Hotel. . . . . . . . . . . . . . . . .

$1.5.50 . 70 . 60

Total subsistence.......... .

$ 1.30

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

$16.80

Left Atlanta to go to Savannah to speak to joint session of the Better Business Men's Association of Retail Merchants on Unemployment Compensation Act of Georgia, on Monday, July 19. In session with this joint association as per assignment and the request, July 19, 1937 and July 20, 1937.

(Signed) W. D. Lanier.

From Atlanta to Valdosta, Official Station, Atlanta, Ga., July 30, 1937.

Departed from Atlanta at 9:00 P. M., Spdmtr., 19,005, Arrived at Valdosta at 10:00 A. M., Spdmtr., 19,260, 255 Miles................

$12.75

Supper at Swainsboro, Ga..................... $ . 60

Lodging at hotel, Myron Hotel, Tifton, Ga...... 1. 95 Breakfast at Myron Hotel, Tifton, Ga.......... 3.15

Total Subsistence .......... .

$ 3.15

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

$15.90

Judge W. W. Larsen, Division Director of Bureau of Unemployment Compensation, and I left Atlanta at 9:00 P. M., July 30, 1937, and arrived in Tifton, Ga., and from there went to

WEDNESDAY, DECEMBER 1, 1937.

169

Valdosta, Ga., to hear tried injunction call relevant to Unemployment Compensation Tax on Naval Stores. Attended court to 6:00 o'clock, July 30, 1937.
(Signed) W. D. Lanier.

From Valdosta to Atlanta, Ga., Official Station, July 31, 1937.

Departed from Valdosta at 6:30 P. M., Spdmtr., 19,270, Arrived at Atlanta, Ga., August 2, 1937, Spdmtr., 19,525, 255 Miles.

Total Miles................

$12.75

Total Subsistence.......... .

$12.75

Returning from court at Valdosta to Atlanta. See report of July 31, 1937 as to July 29, 1937 and July 31, 1937.

(Signed) W. D. Lanier.

From Atlanta to Washington, D. C.

Date

Miles Trans- Sub- Other Total Remarks

porta- sist-

tion ence

8-11-37 Voucher No.1 35.55 1.65 .30 37.50 Voucher 1

attached

8-12-37 Voucher No. 2 Taxi. 60

7. 71 8.31 Voucher 2

attached

8-14-37 Voucher No.2 Taxi .30

2. 95 3 .25 Voucher 3

attached

49.06 (Signed) W. D. Lanier.

From Atlanta to Washington, D. C., August 14, 1937.
Departed from Atlanta 2:00 P. M., Arrived at Washington at 5:00 A. M., Train, Round Trip ticket from Atlanta to Washington and return with lower berth to Washington and return . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Supper on train ............................. $ 1 .65

$35 .55

170

JouRNAL oF THE HousE,

Lodging at hotel, Berth on train as above stated.

Taxi to Train, August 11, 1937 . . . . . . . . . . . . . . . .

.30

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

$37.50

Called to Washington with Mr. L. P. James, Director Bureau of Unemployment Compensation, for conference with Hon. Fran Bain and others of Social Security Board organization, relevant to Unemployment Compensation.

The trip was from 2:00 P. M., Aug. 11, 1937 through August 13, 1937, and until 9:00 A. M., August 14, 1937. Trip divided into vouchers Nos. 1, 2, and 3, hereto attached and foregoing is total.
(Signed) W. D. Lanier.

From Atlanta to Washington, D. C., August 14, 1937.

Expenses in Washington, day of August 12, 1937,

night of August 13, 1937 until 7:00 o'clock

August 13, 1937, when left Washington for

Atlanta. See Voucher No. 1 for explanation

of trip.

Supper at Washington ....................... $ . 75

Lodging at hotel, Washington, Hotel Raleigh. . . 4. 20

Breakfast at Washington. . . . . . . . . . . . . . . . . . . . . .90

Dinner at Washington . . . . . . . . . . . . . . . . . . . . . . . . 1 . 86

Taxi fare in Washington......................

$ .60

Total Subsistence .......... .

7.71

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

$ 8.31

See voucher No. 1 hereto attached. This is one of series of vouchers Nos. 1, 2, and 3, covering period, August 11, 1937 to 9:00P.M., of August 14, 1937 trip to Washington and return.

(Signed) W. D. Lanier.

From Washington, D. C. to Atlanta, August 13, 1937. Departed from Washington at 7:00P.M., Arrived
at Atlanta at 9:00 A. M., August 14, 1937. Round trip ticket explained in Voucher submitted
hereto, marked voucher.

WEDNESDAY, DECEMBER 1, 1937.

171

Supper on train ............................. $ 1. 70

Lodging at hotel. (See Voucher hereto).

Breakfast on train. . . . . . . . . . . . . . . . . . . . . . . . . . . 1. 25

Taxi fare to office............................

$ .30

Total Subsistence.......... .

$ 2.95

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

$ 3.25

Left Washington, August 13, 1937, at 7:00 P. M., after con-

ference described on voucher No. 1 hereto attached, and arrived

in Atlanta, August 14, 1937, 9:00 A. M.

(Signed) W. D. Lanier.

Official Station, Atlanta, Ga., August 20, 1937. Departed from Atlanta, August 24, 1937 at 8:00
A. M., Arrived at Rome at 10:00 A. M., Spdmtr., 21,938, 70 Miles. Departed from Rome, August 24, 1937 at 4:00
P. M., Spdmtr., 21,938, Arrived at Atlanta,
Ga., at 6:00P.M., Spdmtr., 22,008, 70 Miles.

Total Miles ............... . Supper at Atlanta, Ga. Lodging at hotel, Atlanta, Ga. Breakfast at Rome, Guest of Men's Association.

140 $ 7.00

Total Subsistence.......... .

$ .75

To address Ginner's Association on Unemployment Compensa-

tion Act at meeting in Rome, Ga.

(Signed) W. D. Lanier.

Official Station, September 10, 1937. Departed from Atlanta, August 27, 1937 at 3:00
P. M., Spdmtr., 22,068, Arrived at Macon at 6:00 P. M., Spdmtr., 22,165, 97 Miles. Departed from Macon, August 28, 1937 at 7:00 A. M., Spdmtr., 21,165, Arrived at Atlanta at 10:00 A. M., Spdmtr., 22,262, 97 Miles.

Total Miles ............... . 194 $ 9.70

172

JouRNAL oF THE HousE,

Supper, Guest of State employment Office, Macon. Lodging at hotel, Lanier Hotel, August 27, 1937,
Macon, Ga.............................. $ 2. 25 Breakfast at Lanier Hotel, August 28, 1937,
Macon, Ga.............................. .50

Total Subsistence.......... . Other allowable expenses (Explain) ....... .

$ 2.75 .50

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

$12.95

To speak over radio at 9:00 P. M. at opening of the Macon State Employment Office. Attended to opening of office from 7:00 P. M. to 10:00 P. M.
(Signed) W. D. Lanier.

To THE HousE OF REPRESENTATIVEs:
In accordance with House Resolution No. 14a I herewith file a statement of all amounts paid me as salary and expense account for my service in organizing the Department of Public Safety.
For period April1 to June 15. Two and one-half months including all clerical work, postage and interviewing applicants. The Board of Public Safety on September 1, 1937 voted as compensation for this period to include all expense and there was paid ............. $ 500. 00
For period June 15 to October 1. Three and one-half months compensation at $416.66 per month for ...... 1,449.98

Total for six months service ................. $1,949.98

EXPENSE ACCOUNT.

No expense account was submitted or paid except for actual travel on behalf of the Department or for sums paid for the Department. All travel by automobile was done on mileage statements approved by State Supervisor of Purchases. Itemized expense account filed with each paid voucher, and may be obtained from the Department.

June 21-30.

Expense as per itemized statement. $33.00

June 30 to July 30. Expense as per itemized statement. 12.15

WEDNESDAY, DECEMBER 1, 1937.

173

July 23 to 30. July 23 to Aug. 6. Aug. 1Q-12. Aug. 24 to Sept. 2. Sept. 23 to 25.

Expense as per itemized statement. Expense as per itemized statement. Expense as per itemized statement. Expense as per itemized statement. Expense as per itemized statement. Expense as per itemized statement.

6.25 20.00 51.36 39.25 10.25 26.72

Total all expense and travel account . . . . . . . . . . . . . . $198.98

Respectfully submitted,

E. CLEMENT

SuTTON.

Mr. Brown of Peach arose to a question of personal privilege and addressed the House.

The following resolution of the House was read:

By Messrs. Marshall of Macon, Larsen of Laurens, Rawlins of Ben Hill, Harrell of Brooks, Hart of Coweta, Palmour of Hall, Weaver of Bibb, Sanders of Coweta, Field of Whitfield, Coleman of Lowndes, Simmons of Decatur, Mrs. Coxon of Long, Miller of Lanier, and Bradley of Tattnall-

House Resolution No. 33. A resolution-Be it resolved by the House that the members of the House hereby express their confidence, esteem, and respect for the Gentleman from Wilkes, the Han. Clem. E. Sutton, and the Gentleman from Richmond, the Han. Wilmer D. Lanier, and especially in their good faith and patriotism in accepting temporary employment and giving their services in the organization and setting-up of the Department of Public Safety and the Unemployment Insurance Division of the Department of Labor.

The following amendment was read:

Messrs. Joel of Clarke and Brown of Peach move to amend the Resolution by adding the following to the second paragraph: "but this Assembly condemns the past, present, or future employment in any capacity by the members of the General Assembly during the term for which a member may be elected."
On the adoption of the amendment, Mr. Evans of McDuffie moved the ayes and nays, and the call was sustained.

174

JouRNAL OF THE HousE,

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

Those voting in the affirmative were Messrs.:

13arrett Blease Bond Brown of Peach Candler Culpepper of Mitchell DeFoor Drinkard Dukes

Dunn Elliott Evans Gary Guyton
Harris Joel Jones of Brantley Jones of Elbert

Kirbo McCravey Moss Rees Reid of Carroll Reid of Wilcox Sams Simmons Ware

Those voting in the negative were Messrs.:

Adams

Etheridge

Allison

Ferguson

Ansley

Field

Barlow

Fitts

Barnard

Flanders

Batchelor

Fowler

Bennett

Freeman

Booth

Gammage

Bradley

Gavin

Brewton

Grayson

Bridges

Groover

Brooks of Jackson

Grubbs

Brooks of Oglethorpe Hamby

Brown of Greene

Hampton

Carmichael of Cobb

Harrell of Brooks

Carmichael of Randolph Harrell of Irwin

Clark

Harrison

Clary

Hart

Claxton

Harvey

Clements

Hayes

Cogdell

Hendrix

Coleman

Herndon

Corbett

Herrin

Coxon

Hodges

Croker

Hogg

Daves

Houston

Davis

Jackson

Deal

Jones of Bartow

Dean

Jones of Dodge

Drake

Jones of Jenkins

Durden

Kendrick

Edwards

Key

Ennis

Lanham

Larsen Leonard Lewallen Lewis Manry Marshall Martin McCracken McGehee McGraw McNall Middleton Milam Miller Moore of Baldwin Moore of Haralson Moore of Lumpkin Moore of Taliaferro Morgan Morris Musgrove Newby Newton Oden Palmour Parker Patten Perry Phillips Pilcher Pirkle Pound Ragan

WEDNESDAY, DECEMBER 1, 1937.

Rawlins Rountree Rowland Sabados Salter Sanders Sapp Saunders Scruggs Smith of Dodge Smith of Henry Smith of Muscogee

Striplin Tapp Taunton Todd Thomas Trapnell Trippe Turner Vickery Wall Wages

Walton Warnock Watkins Weaver Welsch Whaley Williams of Bacon Williams of Jones Wilson Yeomans Zellner

Those not voting were Messrs.:

Almand Bargeron Beck Campbell Chappell Cochran Cohen Culpepper of Fayette Dampier Daughtry Dollar Douglass Dugas Ellington Erwin

Goff Gross Hand Harden Hastings Hill of Clarke Hill of Screven Hollis Holt Horne Houze Johnson Keel Lanier Mankin

Mavity Mundy Peebles Peters Preston of Bulloch Preston of Walton Sartain Spence Sutton Swindle Tate Warnell Whipple Whitaker

Messrs. Cochran of Thomas, Culpepper of Fayette, Douglass of Talbot, Hollis of Morgan, Houze of Lowndes, Lanier of Richmond, and Sutton of Wilkes were excused from voting under Rule No. 22.

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

On the adoption of the amendment, the ayes were 27, nays 133.

The amendment was lost.

On the adoption of the resolution, the ayes were 114, nays 0.

The resolution was adopted.

The following resolution of the House was read and adopted:

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By Messrs. Phillips and Palmour of Hall-
House Resolution No. 34. A resolution-Whereas, the Hon. Franklin Delano Roosevelt, President of the United States, will honor the State of Georgia with his presence on the 8th day of December, 1937, and
Whereas, there will be unveiled in the City of Gainesville, Georgia, a memorial in honor of Franklin Delano Roosevelt,
Therefore, in respect to this great President of the United States, and in appreciation of his splendid efforts in the interest of humanity be it hereby resolved by the General Assembly of the State of Georgia, that the 8th day of December, 1937, be declared a holiday.
Be it further resolved, that the Capitol of the State of Georgia be closed on the said date.
Be it further resolved, that the General Assembly of the State of Georgia attend in a body the ceremony in honor of the President to be held at Gainesville, Georgia, at two-thirty o'clock (2:30) P. M., Central Standard Time, December 8, 1937.
By unanimous consent, the resolution was ordered immediately transmitted to the Senate.
Mr. Sutton of Wilkes 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 A.M.

THURSDAY, DECEMBER 2, 1937.

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REPRESENTATIVE HALL, ATLANTA, GA.,
THURSDAY, DECEMBER 2, 1937.
The House met, pursuant to adjournment, this day at 10:00 o'clock A.M., was called to order by the Speaker and opened with prayer by the Chaplain.
By unanimous consent, the call of the roll was dispensed with.
Mr. Harrell of Brooks, Acting Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
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 bill and resolutions.
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. Harris of Richmond-
House Bill No. 129. A bill to be entitled an Act to provide that funeral expenses shall be of superior rank and have priority over year's support, and for other purposes.
Referred to Committee on General Judiciary No.2.

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By Mr. Jones of Brandey-
House Bill No. 130. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding a road in Brantley County, and for other purposes.
Referred to Committee on Public Highways No. 2.
By Messrs. Booth of Barrow and Adams of Franklin-
House Bill No. 131. A bill to be entitled an Act to be known as the "Vending Machine Control Act"; to control the operation of vending and other coin operated machines and punch boards; and for other purposes.
Referred to Committee on Ways and Means.
By Messrs. Sabados and Durden of Dougherty-
House Bill No. 132. A bill to be entitled an Act declaring to be an unlawful monopoly and its purposes to be in restraint of trade, any combination of persons, firms or corporations which determine the amount of money to be paid to it or its members for the privilege of rendering privately or publicly for profit, copyrighted vocal or instrumental musical compositions, and for other purposes.
Referred to Committee on State of Republic.
By Messrs. Lanham and Keel of Floyd, and Trippe and Mundy of Polk-
House Bill No. 133. A bill to be entitled an Act to amend the Code of Georgia 1933, by changing the classes and amounts of commissions allowed to tax receivers and tax collectors of state and county taxes, and for other purposes.
Referred to Committee on Special Judiciary.
By Messrs. Thomas of Chattooga, and Mavity and Sartain of Walker-
House Bill No. 134. A bill to be entitled an Act to amend the Highway Mileage Act, by adding a certain road to the System of State Aid Roads, and for other purposes.
Referred to Committee on Public Highways No. 2.

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179

By Messrs. Evans of McDuffie, Blease of Brooks, Brown of Peach, DeFoor of Mcintosh, Morgan of Troup, Rowland of Johnson, and Taunton of Taylor-
House Bill No. 135. A bill to be entitled an Act to repeal an Act entitled" An Act to establish a State Planning Board," and for other purposes.
Referred to Committee on State of Republic.
By Messrs. Evans of McDuffie, Blease of Brooks, Brown of Peach, DeFoor of Mcintosh, Guyton of Effingham, Morgan of Troup, Rowland of Johnson, Taunton of Taylor, Weaver of Bibb, and Drinkard of Lincoln-
House Bill No. 136. A bill to be entitled an Act to prohibit members of the General Assembly from working for the State Government during the term for which they are elected, and for other purposes.
Referred to Committee on State of Republic.
By Mr. Holt of Appling-
House Bill No. 137. A bill to be entitled an Act to amend the charter of the City of Baxley, in the County of Appling, and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Brown of Peach, Blease of Brooks, DeFoor of McIntosh, Guyton of Effingham, Rowland of Johnson, Taunton of Taylor, and Drinkard of Lincoln-
House Bill No. 138. A bill to be entitled an Act to repeal an Act providing for a mattress inspector for Georgia, and for other purposes.
Referred to Committee on State of Republic.
By Messrs. Evans of McDuffie, Brown of Peach, DeFoor of Mcintosh, Morgan of Troup, Rowland of Johnson, Taunton of Taylor, and Drinkard of Lincoln-
House Bill No. 139. A bill to be entitled an Act to repeal an Act creating a Milk Board for the State of Georgia, and for other purposes.

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Referred to Committee on General Agriculture No. 2.
By Mr. Brooks of Oglethorpe-
House Bill No. 140. A bill to be entitled an Act to amend an Act to establish the City Court of Lexington, in and for the County of Oglethorpe, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Brooks of Oglethorpe-
House Bill No. 141. A bill to be entitled an Act to restrict appeal from awards by the Industrial Board, and for other purposes.
Referred to Committee on Industrial Relations.
By Messrs. Allison and Tapp of Gwinnett-
House Bill No. 142. A bill to be entitled an Act to amend an Act enti tied "An Act to repeal Part 3, Cigars and Cigarettes, Chapter 92-22, in general, of the 1933 Code of Georgia, to levy a tax on sales and use of cigars, cigarettes," and for other purposes.
Referred to Committee on Ways and Means.
By Mr. Patten of CookHouse Bill No. 143. A bill to be entitled an Act to amend the
Constitution of Georgia, so as to authorize the City of Adel to incur a bonded indebtedness, and for other purposes.
Referred to Committee on Amendments to Constitution No.2.
By Messrs. Peters and McGraw of MeriwetherHause Bill No. 144. A bill to be entitled an Act to establish
the City Court of Greenville, in and for the County of Meriwether, and for other purposes.
Referred to Committee on Special Judiciary.
By Messrs. Peters and McGraw of MeriwetherHause Bill No. 145. A bill to be entitled an Act to require
candidates in primary elections for members of the General Assembly in Meriwether County to specify the particular incum-

THURSDAY, DECEMBER 2, 1937.

181

bent which they desire to oppose or succeed; to require the preparation of ballots accordingly; and for other purposes.
Referred to Committee on Privileges and Elections.
By Messrs. Freeman, Weaver, and Horne of Bibb-
House Bill No. 146. A bill to be entitled an Act to amend an Act abolishing the office of justice of the peace and notary public, ex-officio justice of the peace and the office of constable in the City of Macon, to create in lieu thereof a Municipal Court, in the County of Bibb, and for other purposes.
Referred to Committee on Special Judiciary.
By Messrs. Weaver, Freeman, and Horne of Bibb-
House Bill No. 147. A bill to be entitled an Act to repeal an Act approved August 5, 1921, which is entitled" An Act to amend an Act abolishing justice of the peace and notary public, exofficio justice of the peace, and the office of constable, and creating in lieu thereof a Municipal Court in the City of Macon, County of Bibb," and for other purposes.
Referred to Committee on Special Judiciary.
By Messrs. Freeman and Weaver of Bibb-
House Bill No. 148. A bill to be entitled an Act to propose to the qualified voters of Georgia amendments to the Constitution of Georgia, so as to authorize the City of Macon to make temporary loans, and to authorize the City of Macon to issue notes or debt certificates for the retirement and payment, and for other purposes.
Referred to Committee on Amendments to Constitution No.2.
By Messrs. Freeman, Weaver, and Horne of Bibb-
House Bill No. 149. A bill to be entitled an Act to repeal an Act approved July 12, 1927, which is entitled, "An Act to amend an Act abolishing justice courts, the office of justice of the peace and notary public, ex-officio justice of the peace, and the office of constable in the City of Macon, and to establish and create, in lieu thereof a Municipal Court in City of Macon," and for other purposes.

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Referred to Committee on Special Judiciary.
By Messrs. Weaver, Freeman, and Horne of Bibb-
House Bill No. 150. A bill to be entitled an Act to repeal an Act entitled, "An Act to amend the Act creating the Municipal Court of the City of Macon" and Acts amendatory thereof, and for other purposes.
Referred to Committee on Special Judiciary.
By Messrs. Fowler of Treutlen, Rawlins of Ben Hill, Sapp of Coffee, Batchelor of Putnam, Deal of Bulloch, Warnock of Montgomery and Mrs. Coxon of Long-
House Bill No. 151. A bill to be entitled an Act to prohibit members of the General Assembly from holding other state employment or appointments to office, and for other purposes.
Referred to Committee on General Judiciary No.2.
By Messrs. Thomas of Chattooga and Claxton of Camden-
House Bill No. 152. A bill to be entitled an Act to create a State Racing Commission; to provide for the appointment of the members; to provide for and regulate race tracks; to provide for the operation of calculators; and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Evans of McDuffie and Guyton of Effingham-
House Resolution No. 35-152a. A resolution defining the policy of this State in regard to collection of taxes, and for other purposes.
Referred to Committee on State of Republic.
By Mr. Coleman of Lowndes-
House Bill No. 153. A bill to be entitled an Act to amend the Code of Georgia of 1933, with reference to fixing fees of Auditors, and for other purposes.
Referred to Committee on State of Republic.
By Messrs. Welsch and Carmichael of Cobb, Ellington of Gilmer,

THURSDAY, DECEMBER 2, 1937.

183

Tate of Pickens, Hendrix of Cherokee, Croker of Paulding, and Hampton of Fannin-
House Bill No. 154. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding a road in Cobb and Cherokee Counties, and for other purposes.
Referred to Committee on Public Highways No. 2.
By Mr. Whipple of Bleckley-
House Bill No. 155. A bill to be entitled an Act to amend an Act, approved August 15, 1904, entitled "An Act to provide and create a new charter for the Town of Cochran, in the County of Bleckley," and for other purposes.
Referred to Committee on Municipal Government.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the Senate, to-wit:
By Senator Forrester of the 44th District-
Senate Bill No. 11. A bill to amend the charter of the City of Trenton, and for other purposes.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following resolution of the House, to-wit:
By Messrs. Phillips and Palmour of Hall-
House Resolution No. 34. A resolution providing that the General Assembly of the State of Georgia attend in a body the ceremony in honor of the President to be held at Gainesville, Georgia, at 2:30 o'clock P.M., Central Standard Time, December 8, 1937.
The following message was received from the Senate through

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Mr. Hammond, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House, ta-wit:
By Mr. Guyton of Effingham-
House Bill No. 9. A bill to reduce the official bond of the Sheriff of Effingham County, and for other purposes.
By Mr. Sutton of Wilkes-
House Bill No. 14. A bill amending an Act creating the office of Tax Commissioner of Wilkes County, and for other purposes.
By Mr. Cogdell of Glynn-
House Bill No. 37. A bill granting to the Commissioners of Roads and Revenues of Glynn County authority to adopt zoning ordinances, and for other purposes.
By Mr. Warnock of Montgomery-
House Bill No. 55. A bill to repeal an Act creating a Board of Commissioners of Roads and Revenues of Montgomery County, and for other purposes.
By Mr. Warnock of Montgomery-
House Bill No. 56. A bill to create a Board of Commissioners of Roads and Revenues of Montgomery County, and for other purposes.
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 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.6. Do pass. Respectfully submitted, LANIER of Richmond, Chairman.

THURSDAY, DECEMBER 2, 1937.

185

Mr. Larsen of Laurens 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 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. 32. Do pass.
House Bill No. 33. Do pass.
Respectfully submitted,
LARSEN of Laurens, Chairman.
Mr. Key of Jasper County, Chairman of the Committee on Appropriations, submitted the following report:
Mr. Speaker:
Your Committee on 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. 32-128e. Do pass.
Respectfully submitted,
KEY of Jasper, Chairman.
Mr. Cogdell of Glynn 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 Vice-Chairman, to report the same back to the House with the following recommendations:
House Bill No. 99. Do pass. House Bill No. 118. Do pass.

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House Bill No. 119. Do pass.
Respectfully submitted, CoGDELL of Glynn, Vice-Chairman.
Mr. Cogdell of Glynn 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 bill of the House and have instructed me, as Vice-Chairman, to report the same back to the House with the following recommendation:
House Bill No. 45. Do pass.
Respectfully submitted, CoGDELL of Glynn, Vice-Chairman.
Mr. Sartain of Walker County, Chairman of the Committee on Engrossing, submitted the following report:
Mr. Speaker:
Your Committee on Engrossing has examined, found properly engrossed, and ready for transmission to the Senate, the following bills of the House, to-wit:
House Bills Nos. 24, 63, 64, 74, 76, 77.
Respectfully submitted, SARTAIN of Walker, Chairman.
Mr. Groover of Troup County, Chairman of the Committee on Enrollment, submitted the following report:
Mr. Speaker:
Your Committee on Enrollment has examined, found properly enrolled, and ready for transmission to the Governor, the following resolution of the House, to-wit:
House Resolution No. 34. Respectfully submitted, GROOVER of Troup, Chairman.

THURSDAY, DECEMBER 2, 1937.

187

Mr. McGraw of Meriwether 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 bill of the Senate and have instruc;ted me, as Chairman, to report the same back to the House with the following recommendation:
Senate Bill No.3. Do pass.
Respectfully submitted,
McGRAw of Meriwether, Chairman.
Mr. Kendrick of Fulton County, Chairman of the Committee on Industrial Relations, submitted the following report:
Mr. Speaker:
Your Committee on Industrial Relations have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the House with the following recommendation:
House Bill No. 89. Do pass.
Respectfully submitted,
KENDRICK of Fulton, Chairman.
Mr. McCracken of Jefferson 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. 120. Do pass. House Bill No. 116. Do pass.
Respectfully submitted, McCRACKEN of Jefferson, Chairman.

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Mr. Musgrove of Clinch County, Chairman of the Committee on Public Highways No.1, submitted the following report:
Mr. Speaker:
Your Committee on Public Highways No. 1 have had under consideration the following bills of the House and have instructed me,_ as Chairman, to repo;t the same back to the House with the following recommendations:
House Bill No. 2. Do pass.
House Bill No.4. Do pass, as amended.
House Bill No. 40. Do pass.
House Bill No. 20. Do not pass.
Respectfully submitted,
MusGROVE of Clinch, Chairman.
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 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. 39. Do pass.
Respectfully submitted,
MRs. CoxoN of Long, Chairman.
Mr. Coleman 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 House and Senate and have instructed me, as Chairman, to report the same back to the House with the following recommendations:
Senate Bill No. 1. Do pass.

.

THURSDAY, DECEMBER 2, 1937.

189

House Bill No. 25. Do pass, by substitute.

House Bill No. 82. Do pass.

House Bill No. 84. Do pass. House Bill No. 42. Do pass.

House Bill No. 91. Do pass.

Respectfully submitted,
CoLEMAN of Lowndes, Chairman.
Mr. Freeman of Bibb 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. 59. Do pass.
Respectfully submitted,

FREEMAN of Bibb, Chairman.

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

By Senators Spivey of the 16th District, Atkinson of the 1st District, Pope of the 7th District, Purdom of the 46th District, and Johnson of the 42nd District-
Senate Bill No. 1. A bill to be entitled an Act to provide for the exemption of taxation to the owner of personal property; to fix the amount of such exemption; and for other purposes.

By Messrs. Daves of Dooly, Coleman of Lowndes, Sutton of Wilkes, Cochran of Thomas, Bradley of Tattnall, Edwards of Thomas, Batchelor of Putnam, and Clary of Columbia-

House Bill No. 2. A bill to be entitled an Act to repeal the maintenance tax on trucks and busses, and for other purposes.

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JouRNAL oF THE HousE,

By Senators Spivey of the 16th District, Atkinson of the 1st District, Pope of the 7th District, and Purdom of the 46th District-
Senate Bill No. 3. A bill to be entitled an Act to define and enlarge the jurisdiction of Courts of Ordinary in certain counties, and for other purposes.
By Messrs. Kendrick and Hastings and Mrs. Mankin of Fulton-
House Bill No. 4. A bill to be entitled an Act to amend the Highway Mileage Act, by adding a certain road to the system of State Aid Roads, and for other purposes.
By Senator Atkinson of the 1st District-
Senate Bill No. 6. A bill to be entitled an Act to propose an amendment to the Constitution of the State of Georgia, so as to authorize the City of Savannah to incur additional bonded indebtedness, and for other purposes.
By Mr. Parker of Colquitt-
House Bill No. 25. A bill to be entitled an Act to define a building and loan or a savings and loan association, and for other purposes.
By Mr. Hampton of Fannin-
House Bill No. 32. A bill to be entitled an Act to propose an amendment to the Constitution of the State of Georgia, so as to authorize Fannin County to make temporary loans, and for other purposes.
By Mr. Hampton of Fannin-
House Bill No. 33. A bill to be entitled an Act to propose an amendment to the Constitution of the State of Georgia, authorizing the City of Blue Ridge to create a bonded indebtedness, and for other purposes.
By Mr. Moore of Lumpkin-
House Bill No. 39. A bill to be entitled an Act to amend the Code defining widows of veterans who are entitled to pensions, and for other purposes.

THURSDAY, DECEMBER 2, 1937.

191

By Mr. Moore of Lumpkin-
House Bill No. 40. A bill to be entitled an Act to amend the Code relative to the distribution of money derived from the gasoline tax to the counties, and for other purposes.
By Messrs. Jones and Smith of Dodge-
House Bill No. 42. A bill to be entitled an Act to amend the Code in reference to the selection of Jurors and Jury Commissioners, and for other purposes.
By Mr. Kirbo of Decatur-
House Bill No. 45. A bill to be entitled an Act to amend an Act providing for the creation of a Board of Commissioners of Roads and Revenues of the County of Decatur, and for other purposes.
By Messrs. Thomas of Chattooga and Sutton of Wilkes-
House Bill No. 59. A bill to be entitled an Act to amend an Act in reference to the tax on sales and use of cigars, cigarettes, etc., and for other purposes.
By Messrs. Gammage of Terrell, McCracken of Jefferson, Hodges of Liberty, Rawlins of Ben Hill, and Mrs. Coxon of Long-
House Bill No. 82. A bill to be entitled an Act to provide for the creation of a stabilization fund, and for other purposes.
By Messrs. Harrell of Brooks and Harvey of Upson-
House Bill No. 84. A bill to be entitled an Act to require all departments and branches of the government to secure all tags, stamps, licenses, etc., from the purchasing department, and for other purposes.
By Messrs. Larsen of Laurens, Rawlins of Ben Hill, Miller of Lanier, Oden of Pierce, Harrell of Brooks, Phillips of Hall, Smith of Dodge, Whaley of Telfair, Evans of McDuffie, Dugas of White, Parker of Colquitt, Jones of Elbert, Corbett of Atkinson, Barlow of Colquitt, Ennis of Baldwin, and many others-
House Bill No. 89. A bill to be entitled an Act to fix and pre-

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scribe the compensation of the Chairman and members of the Industrial Board, and for other purposes.
By Mr. Larsen of Laurens-
House Bill No. 91. A bill to be entitled an Act to amend an Act to regulate outdoor advertising, and for other purposes.
By Mr. Salter of Baker-
House Bill No. 99. A bill to be entitled an Act to require Baker County to pay the officers of court certain costs, and for other purposes.
By Mr. Herndon of Hart-
House Bill No. 116. A bill to be entitled an Act to amend an Act incorporating the Town of Hartwell, in Hart County, and for other purposes.
By Mr. Morris of Douglas-
House Bill No. 118. A bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Douglas County, and for other purposes.
By Mr. Morris of Douglas-
House Bill No. 119. A bill to be entitled an Act to reduce the official bond of the Sheriff of Douglas County, and for other purposes.
By Messrs. Grayson, McNall, and Cohen of Chatham-
House Bill No. 120. A bill to be entitled an Act to amend the Acts relating to the Municipal Court of Savannah, and for other purposes.
By Mr. Key of Jasper-
House Resolution No. 32-128e. A resolution to make appropriation for operation of the State Radio Commission, and for other purposes.
By unanimous consent, the following bills of the House were read the third time and placed upon their passage:

THURSDAY, DECEMBER 2, 1937.

193

By Mr. Carmichael of Randolph-
House Bill No. 46. A bill to be entitled an Act to reduce the bond of the Sheriff 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 103, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Gross of Stephens-
House Bill No. 62. A bill to be entitled an Act to amend an Act to create and establish the City Court of Stephens County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Perry and Houston of Worth-
House Bill No. 86. A bill to be entitled an Act to reduce the official bond of the Sheriff of \Vorth 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, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Dean of Rockdale-
House Bill No. 90. A bill to be entitled an Act to amend an Act in reference to the Board of Commissioners of Roads and Revenues of Rockdale County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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JouRNAL OF THE HousE,

On the passage of the bill, the ayes were 106, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Williams of Jones-
House Bill No. 97. A bill to be entitled an Act to amend the charter of the City of Gray, 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, the nays 0.
The bill having received the requisite constitutional majority was passed.
By unanimous consent, the following bill of the Senate was read the first time and referred to the committee:
By Senator Forrester of the 44th District-
Senate Bill No. 11. A bill to be entitled an Act to amend the charter of the City of Trenton, and for other purposes.
Referred to Committee on Municipal Government.
Under the regular order of business, the following bills of the House were taken up for consideration and read the third time:
By Mr. Zellner of Monroe-
House Bill No. 6. A bill to be entitled an Act to authorize cities and counties having a population of one thousand or more, to pass zoning and planning laws, and for other purposes.
Mr. Clements of Wheeler moved that further consideration of House Bill No. 6 be postponed until Monday, December 6, and the motion prevailed.
By Mr. Sapp of Coffee-
House Bill No. 10. A bill to be entitled an Act to amend an Act so as to add certain mileage to the System of State Aid Roads, and for other purposes.

THURSDAY, DECEMBER 2, 1937.

195

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 119, the nays 1.
The bill having received the requisite constitutional majority was passed.
By Messrs. Cohen, Grayson, and McNall of Chatham-
House Bill No. 13. :\ 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, so as to authorize the City of Savannah, to incur a bonded indebtedness, and for other purposes.
By unanimous consent, the bill was tabled.
By Messrs. Parker and Barlow of Colquitt-
House Bill No. 17. A bill to be entitled an A.ct to amend an Act by further defining who are and who are not dealers in live stock, 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, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Etheridge of Houston-
House Bill No. 18. A bill to be entitled an Act to amend the Highway Mileage Act, by adding a certain road to the System of State Aid Roads, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 121, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Mavity of Walker-
House Bill No. 19. A bill to be entitled an Act to add certain

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JouRNAL oF THE HousE,

mileage to the System of State Aid Roads, 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 103, the nays 0.

The bill having received the requisite constitutional majority was passed.

By Messrs. Cohen, Grayson, and MeNall of Chatham-

House Bill No. 29. A bill to be entitled an Act to amend the Code in reference to the creation of Boards of Tax Appeals, and for other purposes.

Mr. Key of Jasper moved the previous question, and the motion prevailed.

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

On the passage of the bill, Mr. Gross of Stephens 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 Ansley Bargeron Barnard Beck Blease Bond Booth Bradley Brewton Bridges Brooks of Jackson Brooks of Oglethorpe Brown of Greene Brown of Peach Campbell Carmichael of Cobb Clark Clary Claxton

Clements Cochran Cogdell Cohen Coleman Corbett Coxon Croker Culpepper of Fayette Culpepper of Mitchell Daves Deal DeFoor Dollar Douglass Drake Drinkard Dukes Dunn Durden

Edwards Ellington Elliott Erwin Evans Ferguson Field Fitts Flanders Fowler Freeman Gammage Gavin
Goff Grayson Gross Groover GuYton Hamby Hand

THURSDAY, DECEMBER 2, 1937.

197

Harden Harrell of Brooks Harrell of Irwin Harris Harrison Harvey Hastings Hayes Herndon Herrin Hodges Hogg Hollis Holt Houze Jackson Joel Johnson Jones of Bartow Jones of Brantley Jones of Dodge Jones of Jenkins Key
Kirbo Lanham Lanier Larsen Leonard Lewallen Lewis Mankin Manry
Marshall Mavity

McCracken McCravey McGehee McGraw McNall Milam Miller Moore of Baldwin Moore of Lumpkin Moore of Taliaferro Morgan Morris Moss Mundy Musgrove Newby Newton Oden Parker Patten Peters Phillips Pilcher Pirkle Pound Preston of Bulloch Ragan Rawlins Rees Reid of Carroll Reid of Wilcox Rountree Rowland Sabados

Salter Sams Sapp Sartain Saunders Scruggs Smith of Dodge Smith of Henry Smith of Muscogee Striplin Sutton Swindle Tapp Tate Taunton Todd Thomas Trapnell Trippe Turner Vickenr Wall Wages Walton Ware Warnock Weaver Welsch Whaley Whitaker Williams of Bacon Wilson Yeomans Zellner

Those voting in the negative were Messrs.:

Batchelor

Ennis

Those not voting were Messrs.:

Adams

Dampier

Allison

Daughtry

Barlow

Davis

Barrett

Dean

Bennett

Dugas

Candler

Etheridge

Carmichael of Randolph Gary

Chappell

Grubbs

Hampton Hart Hendrix Hill of Clarke Hill of Screven Horne Houston Jones of Elbert

198

JouRNAL OF THE HousE,

Keel Kendrick Martin Middleton Moore of Haralson Palmour

Peebles PeiTY Preston of Walton Sanders Simmons

Spence Warnell Watkins Whipple Williams of Jones

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

On the passage of the bill, the ayes were 162, the nays 2.

The bill having received the requisite constitutional majority was passed.

By Mr. Cogdell of Glynn-

House Bill No. 36. A bill to be entitled an Act to amend the Highway Mileage Act, by adding a certain road to the System of State Aid Roads, 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, the nays 0.

The bill having received the requisite constitutional majority was passed.

By Messrs. Jones and Smith of Dodge-

House Bill No. 41. A bill to be entitled an Act to amend the Code in reference to the appointment of County Registrars, and for other purposes.

Mr. Corbett of Atkinson moved the previous question, and the motion prevailed.

The following amendments were read and adopted:

Mr. Pilcher of Warren moves to amend House Bill No. 41 by adding the following at the end of Section 1: Provided, however, that members of the Grand Jury making the appointment or appointments, shall not be eligible to be named as a member of the County Board of Registrars.

Mr. Gross of Stephens moves to amend House Bill No. 41 by striking from Section 2 the following: The Grand Jury shall not

THURSDAY, DECEMBER 2, 1937.

199

elect or appoint more than one registrar from any one Militia District of the county unless said county shall not have therein as many as six militia districts, and amend the caption accordingly.

Mr. Coleman of Lowndes moves to amend House Bill No. 41 by striking the figure "six" in Section 1, line 13, and substituting therefor the figure "3," and amend the caption 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 roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Almand Barnard Batchelor Bond Booth Bridges Brooks of Jackson Brooks of Oglethorpe Brown of Greene Brown of Peach Olements Cochran Cogdell Coleman Corbett Coxon Croker Deal Durden Edwards Elliott Erwin Evans Ferguson Fowler

Freeman Grayson Gross Groover Harrell of Brooks Harrell of Irwin Harris Hart Hendrix Herndon Hodges Hogg Jackson Jones of Brantley Jones of Dodge Jones of Jenkins Key Kirbo Lanham Larsen Manry Marshall McNall Milam

Moore of Baldwin Morgan Morris Newton Oden Parker Pirkle Pound Preston of Bulloch Preston of Walton Ragan Rawlins Simmons Smith of Dodge Smith of Muscogee Sutton Thomas Vickery Wages Ware Whipple Williams of Jones Wilson Yeomans

Those voting in the negative were Messrs.:

Ansley Bargeron Beck Blease Brewton

Carmichael of Cobb Clark Cohen Culpepper of Fayette Culpepper of Mitchell

Daves DeFoor Dollar Douglass Drake

200

jOURNAL OF THE HousE,

Drinkard Dukes Dunn Fitts Flanders Gammage Gavin Goff Guyton Hamby Hampton Hand Harden Harrison Harvey Hastings Herrin Holt Joel Johnson Jones of Bartow Jones of Elbert

Kendrick Lanier Lewis Mankin McCracken McCravey McGehee McGraw Moore of Lumpkin Moore of Taliaferro Moss Mundy Musgrove Newby Patten Peters Pilcher Rees Reid of Carroll Rountree Rowland

Sabados Salter Sams Sapp Saunders Scruggs Smith of Henry Striplin Tapp Tate Todd Trippe Turner Wall Walton Weaver Welsch Whaley Whitaker Williams of Bacon Zellner

Those not voting were Messrs.:

Adams

Ennis

Allison

Etheridge

Barlow

Field

Barrett

Gary

Bennett

Grubbs

Bradley

Hayes

Campbell

Hill of Clarke

Candler

Hill of Screven

Carmichael of Randolph Hollis

Chappell

Horne

Clary

Houston

Claxton

Houze

Dampier

Keel

Daughtry

Leonard

Davis

Lewallen

Dean

Martin

Dugas

Mavity

Ellington

Middleton Miller Moore of Haralson Palmour Peebles Perry Phillips Reid of Wilcox Sanders Sartain Spence Swindle Taunton Trapnell Warnell Warnock Watkins

Mr. Smith of Dodge moved to table House Bill No. 41.

On the motion to table, the ayes were 52, the nays 68, and t~e motion was lost.

THURSDAY, DECEMBER 2, 1937.

201

By unanimous consent, the verification of the roll call was dispensed with.
On the passage of the bill, as amended, the ayes were 73, the nays 79.
The bill having failed to receive the requisite constitutional majority was lost.
Mr. Smith of Dodge gave notice that at the proper time he would move that the House reconsider its action in failing to pass House Bill No. 41.
Mr. Sutton of Wilkes moved that the House do now adjourn, and the motion prevailed.
Leaves of absence were granted to l\Iessrs. Freeman of Bibb, Barlow of Colquitt, Parker of Colquitt, Sartain of Walker, Spence of \Vare, Bennett of vVare, \Varnell of Bryan, Hart of Coweta, and Croker of Paulding.
The Speaker announced the House adjourned until tomorrow morning at 10:00 o'clock.

202

JouRNAL oF THE HousE,

REPRESENTATIVE HALL, ATLANTA, GA.
FRIDAY, DECEMRER 3, 1937.
The House met, pursuant to adjournment, this day at 10:00 o'clock A. M., was called to order by the Speaker and opened with prayer by the Chaplain.
By unanimous consent, the call of the roll was dispensed with.
Mr. Hill of Screven, 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 bills and resolutions. 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. Preston of BullochHause Resolution No. 36. A resolution-Whereas, reports in
the newspapers and rumors have charged that enforcement of the game and fish laws of Georgia are being neglected, and for other purposes.
Referred to Committee on Game and Fish.

FRIDAY, DECEMBER 3, 1937.

203

By Mr. Thomas of Chattooga-
House Bill No. 156. A bill to be entitled an Act to reduce the official bond of the Sheriff of Chattooga County from $10,000.00 to $3,000.00, and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Rawlins of Ben Hill-
House Bill No. 157. A bill to be entitled an Act to declare the amount of mileage taxes due to the State of Georgia under the provisions of the Georgia Motor Vehicle Carriers for Hire Tax Act, approved March 31, 1931, as amended by an Act approved August 28, 1931, and to authorize the Comptroller General to collect all taxes due the State of Georgia, and for other purposes.
Referred to Committee on Motor Vehicles.
By Mr. Reid of Wilcox-
House Bill No. 158. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding a road in Wilcox County, and for other purposes.
Referred to Committee on Public Highways No.2.
By Mr. Yeomans of WayneHouse Bill No. 159. A bill to be entitled an Act to repeal an
Act to create a charter for the City of Jesup, in the County of Wayne, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Yeomans of Wayne-
House Bill No. 160. A bill to be entitled an Act to create a new charter for the City of Jesup, in the County of Wayne, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Corbett of Atkinson-
House Bill No. 161. A bill to be entitled an Act to provide for the levy of an occupation, or license tax or fee, for State purposes, on persons operating or doing business from rolling stores, and for other purposes.

204

JouRNAL OF THE HousE,

Referred to Committee on Ways and Means.
By Mr. Newton of Toombs-
Hause Bill No. 162. A bill to be entitled an Act to amend the Constitution of Georgia, so as to authorize the City of Vidalia to incur a bonded indebtedness, and for other purposes.
Referred to Committee on Amendments to Constitution No.2.
By Mr. Newton ofToombs-
House Bill No. 163. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding a certain road in the County of Toombs, and for other purposes.
Referred to Committee on Public Highways No. 2.
By Mr. Weaver of Bibb and Mrs. Mankin of Fulton-
House Bill No. 164. A bill to be entitled an Act to amend the Code of Georgia of 1933, relating to the liability of Ordinary for failure to post facts pertaining to application or issuing license unlawfully, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Messrs. Croker of Paulding, Welsch of Cobb, and Moore of Haralson-
House Bill No. 165. A bill to be entitled an Act to amend an Act, approved August 20, 1929, designating additional mileage in Cobb, Paulding and Haralson Counties, and for other purposes.
Referred to Committee on Public Highways No.2.
By Messrs. Erwin of Lamar, Hollis of Morgan, Marshall of Macon, Lanham of Floyd, and Lanier of Richmond-
House Bill No. 166. A bill to be entitled an Act to levy a tax on sales and use of mouth washes, tooth pastes, tooth powders and tooth brushes and dental floss; to provide for the collection of same; and for other purposes.
Referred to Committee on University System of Georgia and its Branches.

FRIDAY, DECEMBER 3, 1937.

205

By Messrs. Sams, Candler, and Turner of DeKalb-
House Bill No. 167. A bill to be entitled an Act to create and establish a charter for the City of Pine Lake, in the County of DeKalb, and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Morgan, Groover, and Ware of Troup-
House Bill No. 168. A bill to be entitled an Act to amend an Act entitled an Act amending an Act relating to the establishment of the City Court of LaGrange, in the County of Troup, and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Campbell of Newton-
House Bill No. 169. A bill to be entitled an Act to amend an Act of the General Assembly of Georgia of 1919, relating to the salary of the Treasurer of Newton County, and for other purposes.
Referred to Committee on Special Judiciary.
By Messrs. Joel of Clarke, Reid and Beck of Carroll, Newby of Twiggs, Striplin of Heard, Rowland of Johnson, and Hampton of Fannin-
House Bill No. 170. A bill to be entitled an Act to amend Part IV, relating to fertilizers and fertilizer materials of Title 5 of the Georgia Code of 1933, relating to duties and compensation of fertilizer inspectors, and for other purposes.
Referred to Committee on General Agriculture No. 2.
Mr. Larsen of Laurens 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 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. 28-128a. Do pass.

206

JouRNAL OF THE HousE,

House Resolution No. 29-128b. Do pass. House Resolution No. 31-128d. Do pass. House Bill No. 34. Do pass.
Respectfully submitted, LARSEN of Laurens, Chairman.
Mr. Sartain of Walker County, Chairman of the Committee on Engrossing, submitted the following report:
Mr. Speaker: Your Committee on Engrossing has examined, found properly
engrossed, and ready for transmission to the Senate, the following bills of the House, to-wit:
House Bill No. 10. House Bill No. 17. House Bill No. 18. House Bill No. 19. House Bill No. 29. House Bill No. 36. House Bill No. 46. House Bill No. 62. House Bill No. 86. House Bill No. 90. House Bill No. 97.
Respectfully submitted, SARTAIN of Walker, Chairman.
Mr. Groover of Troup County, Chairman of the Committee on Enrollment, submitted the following report:
Mr. Speaker: Your Committee on Enrollment has examined, found properly

FRIDAY, DECEMBER 3, 1937.

207"

enrolled, and ready for transmission to the Governor, the following bills of the House, to-wit:
House Bill No. 9.
House Bill No. 14.
House Bill No. 37.
House Bill No. 55.
House Bill No. 56.
Respectfully submitted,
GROOVER of Troup, Chairman.
Mr. McCracken of Jefferson 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:
House Bill No. 155. Do pass.
House Bill No. 140. Do pass.
House Bill No. 137. Do pass.
Senate Bill No. 11. Do pass.
Respectfully submitted,
McCRACKEN of Jefferson, Chairman.
Mr. Pound of Hancock 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 of the House and have instructed me, as Chairman, to report the same back to the House with the following recommendations:

208

JouRNAL OF THE HousE,

House Bill No. 88. Do pass.
House Bill No. 92. Do pass.
House Bill No. 93. Do pass.
House Bill No. 94. Do pass.
House Bill No. 95. Do pass.
House Bill No. 96. Do pass.
House Bill No. 109. Do pass.
House Bill No. 110. Do pass.
House Bill No. 115. Do pass.
Respectfully submitted,
PouND of Hancock, Chairman.
Mr. Trapnell of Candler 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. 75. Do pass. House Bill No. 69. Do pass, as amended. House Bill No. 127. Do pass.
Respectfully submitted,
TRAPNELL of Candler, Chairman.
Mr. Freeman of Bibb County, Chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker: Your Committee on Ways and Means have had under con-
sideration 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, DECEMBER 3, 1937.

209

House Bill No. 22. Do pass, as amended.

House Bill No. 51. Do pass.

House Bill No. 101. Do pass.

Respectfully submitted,

FREEMAN of Bibb, Chairman.

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

By Senator Forrester of the 44th District-

Senate Bill No. 11. A bill to be entitled an Act to amend the charter of the City of Trenton, and for other purposes.

By Mr. Harrell of Brooks-

House Bill No. 22. A bill to be entitled an Act to amend an Act to provide rules of eligibility for applicants for disabled veterans' licenses, and for other purposes.

By Messrs. Milam of Spalding, Hastings of Fulton, and Allison

of Gwinnett-



House Re!)olution No. 31-128d. A resolution in reference to the $25,000 appropriated for the acoustical treatment of the first floor of the State Capitol, and for other purposes.

By Mr. Hampton of Fannin-

House Bill No. 34. A bill to be entitled an Act to propose an amendment to the Constitution of the State of Georgia so as to authorize counties to make temporary loans, and for other purposes.

By Mr. Marshall of Macon-
House Bill No. 51. A bill to be entitled an Act to provide for the levy of a tax (estate or inheritance tax) for uses of the State on the transfer or transmission of property, real and personal, tangible and intangible, and for other purposes.

By Mr. DeFoor of Mcintosh-

House Bill No. 69. A bill to be entitled an Act to abolish the

210

JouRNAL OF THE HousE,

City Court of Darien in Mcintosh County, and for other purposes.
By Mr. Hamby of Rabun-
House Bill No. 75. A bill to be entitled an Act to create and establish the Rabun County City Court, and for other purposes.
By Messrs. Clark of Catoosa and Mavity of Walker-
House Bill No. 88. A bill to be entitled an Act to amend an Act so as to add certain mileage to the System of State Aid Roads, and for other purposes.
By Mr. Booth of Barrow-
House Bill No. 92. A bill to be entitled an Act to amend an Act so as to add certain mileage to the System of State Aid Roads, and for other purposes.
By Mr. Booth of Barrow-
House Bill No. 93. A bill to be entitled an Act to amend an Act so as to add certain mileage to the System of State Aid Roads, and for other purposes.
By Mr. Lewallen of Banks-
House Bill No. 94. A bill to be entitled an Act to amend an Act so as to add certain mileage to the System of State Aid Roads, and for other purposes.
By Mr. Corbett of Atkinson-
House Bill No. 95. A bill to be entitled an Act to amend an Act so as to add certain mileage to the System of State Aid Roads, and for other purposes.
By Mr. Pirkle of Forsyth-
House Bill No. 96. A bill to be entitled an Act to amend an Act so as to add certain mileage to the System of State Aid Roads, and for other purposes.
By Messrs. Harvey of Upson, Elliott of Muscogee, Weaver of Bibb, Gross of Stephens, and Evans of McDuffie-
Hause Bill No. 101. A bill to be entitled an Act to amend the

FRIDAY, DECEMBER 3, 1937.

211

Code of Georgia of 1933, as amended, by repealing the mini~um tax as levied therein on income tax returns, and for other purposes.
By Messrs. Corbett of Atkinson, Houze of Lowndes, Miller of Lanier, Coleman of Lowndes, Herrin of Echols, Swindle of Berrien, Musgrove of Clinch, and Vickery of Charlton-
House Bill No. 109. A bill to be entitled an Act to amend an Act so as to add certain mileage to the System of State Aid Roads, and for other purposes.
By Mr. Adams of Franklin-
House Bill No. 110. A bill to be entitled an Act to increase the mileage of the State Aid System of Roads, by the addition of a certain road thereto, and for other purposes.
By Mr. Barnard of Towns-
House Bill No. 115. A bill to be entitled an Act to amend an Act so as to add certain mileage to the System of State Aid Roads, and for other purposes.
By Mr. Martin of Jeff Davis-
House Bill No. 127. A bill to be entitled an Act to amend an Act so as to change the time for holding the Superior Court in the County of Jeff Davis, and for other purposes.
By Mr. Fowler of Treutlen-
House Resolution No. 28-128a. A resolution proposing an amendment to the Constitution of the State of Georgia giving the right to any county to levy a tax for the purpose of providing forest fire protection, and for other purposes.
By Messrs. Phillips and Palmour of Hall-
House Resolution No. 29-128b. A resolution proposing an amendment to the Constitution of the State of Georgia authorizing the City of Gainesville to refund certain bonded indebtedness, and for other purposes.
By Mr. Holt of Appling-
House Bill No. 137. A bill to be entitled an Act to amend the

212

JouRNAL OF THE HousE,

charter of the City of Baxley, and for other purposes.
By Mr. Brooks of Oglethorpe-
House Bill No. 14Q. A bill to be entitled an Act to amend an Act to establish the City Court of Lexington, and for other purposes.
By Mr. Whipple of Bleckley-
House Bill No. 155. A bill to be entitled an Act to amend an Act to create a new charter for the Town of Cochran, 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. Kirbo of Decatur-
House Bill No. 45. A bill to be entitled an Act to amend an Act providing for the creation of a Board of Commissioners of Roads and Revenues in and for the County of Decatur, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, the nays 0. The bill having received the requisite constitutional majority was passed.
By Mr. Salter of Baker-
House Bill No. 99. A bill to be entitled an Act to require Baker County to pay the officers of court certain costs incurred, 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 103, the nays 0. The bill having received the requisite constitutional majority was passed.
By Mr. Herndon of Hart-
House Bill No. 116. A bill to be entitled an Act to amend an

FRIDAY, DECEMBER 3, 1937.

213

Act incorporating the Town of Hartwell, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Morris of Douglas-
House Bill No. 118. A bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Douglas 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, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Morris of Douglas-
House Bill No. 119. A bill to be entitled an Act to reduce the official bond of the Sheriff of Douglas 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, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Grayson, MeNall, and Cohen of Chatham-
House Bill No. 120. A bill to be entitled an Act to amend an Act in reference to the Municipal Court of Savannah, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

214

JouRNAL oF THE HousE,

On the passage of the bill, the ayes were 106, the nays 0.
The bill having received the requisite constitutional majority was passed.
Mr. Evans of McDuffie asked unanimous consent that the following bill of the House be withdrawn from the Committee on State of the Republic and recommitted to the Committee on General Judiciary No.2:
By Messrs. Evans of McDuffie, Blease of Brooks, Brown of Peach, DeFoor of Mcintosh, Guyton of Effingham, Morgan of Troup, Rowland of Johnson, Taunton of Taylor, Weaver of Bibb, and Drinkard of Lincoln-
House Bill No. 136. A bill to be entitled an Act to prohibit members of the General Assembly from working for the State Government during the term for which they are elected, and for other purposes.
The request was granted.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the reqmstte constitutional majority the following resolution of the Senate, to-wit:
By Senator Harrison of the 17th District-
Senate Resolution No. 15. A resolution providing that a Joint Committee be appointed to make plans and arrange details for the visit of the General Assembly to the City of Gainesville on Decemher 8th.
The President has appointed as a committee on the part of the Senate the following Senators, to-wit:
Senators Allen ofthe 31st District, and
Sammon of the 51st District.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:

FRIDAY, DECEMBER 3, 1937.

215

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the Senate, to-wit:
By Senator Ennis of the 20th District-
Senate Bill No. 5. A bill to create and prescribe the powers and duties of a State Civil Service Commission, and for other purposes.
Under the regular order of business, the following bill of the House was taken up for consideration and read the third time:
By Messrs. Daves of Dooly, Coleman of Lowndes, Sutton of Wilkes, Cochran of Thomas, Bradley of Tattnall, Edwards of Thomas, Batchelor of Putnam, and Clary of Columbia-
House Bill No. 2. A bill to be entitled an Act to repeal the maintenance tax on busses and trucks, and for other purposes.
Mr. Booth of Barrow moved that further consideration of the bill be indefinitely postponed, and the motion was lost.
Mr. Elliott of Muscogee moved to table the bill.
On the motion to table, the ayes were 57, the nays 47.
The bill was tabled.
Mr. Jones of Bartow moved that when the House adjourns today, it stand adjourned until Monday morning, December 6, at 10:00 o'clock, and the motion prevailed.
Under the regular order of business, the following bill of the House was taken up for consideration and read the third time:
By Mrs. Mankin and Messrs. Kendrick and Hastings of Fulton-
House Bill No. 4. A bill to be entitled an Act to amend an Act so as to add certain mileage to the System of State Aid Roads, and for other purposes.
The following committee amendment to House Bill No. 4 was read and adopted:
The committee moves to amend House Bill No. 4 by adding after the word "action" in the caption of said bill the following:

216

JouRNAL oF THE HousE,

"And so as to add to said map a road in Fulton, Fayette and Spalding Counties beginning at the City of Fairburn on State Highway Route No. 14 and running through Fayette County by way of Tyrone, Aberdeen, Clover, Starr's Mill and Brooks to State Highway No. 16 at Digby in Spalding County, Georgia, a distance of approximately thirty-two miles."
By adding a new section to said bill to be known as Section 2-A, and to read as follows:
"That said Act of the General Assembly and the map referred to in Section 1 hereof be and the same are hereby amended by adding to and placing on said map as fully and completely as though originally drawn on said map, that certain road in Fulton, Fayette and Spalding Counties, beginning at the City of Fairburn in Fulton County, Georgia at State Highway No. 14 and running in a southerly direction by way of the Town of Tyrone, Aberdeen, Clover, Starr's Mill and Brooks, all in Fayette County, Georgia, to the town or city known as Digby in Spalding County, Georgia, and there intersecting State Highway No. 16, a distance of approximately thirty-two miles."
By striking the word "road" wherever the same appears in Sections 2 and 3 thereof, and inserting in lieu thereof the word "roads."
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, as amended, the ayes were 104, the nays 2.
The bill having received the requisite constitutional majority was passed, as amended.
Under the regular order of business, the following bill of the House was taken up for consideration:
By Mr. Parker of Colquitt-
House Bill No. 25. A bill to be entitled an Act to define a building and loan or a savings and loan association, and for other purposes.
By unanimous consent, further consideration of House Bill

FRIDAY, DECEMBER 3, 1937.

217

No. 25 was postponed uritil Monday morning, December 6. Mr. Harrell of Brooks moved that the House do now adjourn,
and the motion was lost. Under the regular order of business, the following bills of the
House were taken up for consideration and read the third time:
By Mr. Hampton of FanninHouse Bill No. 32.

A BILL
To be entitled an Act to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize Fannin County to make temporary loans; to limit the aggregate amount of said loans outstanding at any one time; to provide that said loans must be paid off out of the taxes received by the county in the year in which said loans are made; and for other purposes.
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding at the end thereof a new paragraph in the following words, to-wit: "And except that Fannin County, in addition to the debts hereinbefore allowed, may make temporary loans between March 1 and December 1 in each year, to be paid out of the taxes received by the county in that year, said loans to be evidenced by promissory notes, signed by the county commissioner and clerk to the county commissioner having charge of the levying of taxes in said county, and previously authorized by resolution by such county commissioner, at a regular monthly meeting of his court entered on the minutes. The aggregate amount of said loans outstanding at any one time shall not exceed fifty per cent. of the total gross income of the county from taxes and other sources in the preceding year, and no new loans shall be made in one year until all loans made in the previous year have been paid in full."
Sec. 2. Be it further enacted by the authority aforesaid,

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that when said amendment shall be agreed to by two-thirds vote of the members elected to each House, it shall be entered upon the Journal of each House, with the "ayes" and "nays" thereon, and published in one or more newspapers in each congressional district in this State for two months previous to the time for holding the next general election, and shall, at the next general election, be submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, "For ratification of amendment to Article 7, Section 7, Paragraph 1, of the Constitution, authorizing Fannin County to make temporary loans," and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words, "Against ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing Fannin County to make temporary loans," and if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof, when the results shall be consolidated as now required by law in election for members of the General Assembly, the said amendment shall become a part of Article 7, Section 7, Paragraph 1, of the Constitution of this State, and the Governor shall make a proclamation therefor as provided by law.
Sec. 3. All laws and parts of laws in conflict herewith are hereby repealed.
By unanimous consent, further consideration of House Bill No. 32 was postponed until Monday morning, December 6.
By Mr. Hampton of Fannin-
House Bill No. 33.

A BILL
To be entitled an Act to propose to the qualified voters of the State of Georgia an amendment to Article Seven (7), Section Seven (7), Paragraph One (1), of the Constitution of the State of Georgia, authorizing the City of Blue Ridge, a municipal corporation of Fannin County, to create bonded indebtedness for the purpose of paying off and discharging any indebtedness

FRIDAY, DECEMBER 3, 1937.

219

that now exists or that may hereafter exist against the said City of Blue Ridge.
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 Article Seven (7), Section Seven (7), Paragraph One (1), of the Constitution of the State of Georgia, he and the same is hereby amended by adding thereto the following words: "Except that the City of Blue Ridge, a municipal corporation, of Fannin County, State of Georgia, may incur a bonded indebtedness in addition to the debts hereinbefore in this paragraph allowed to be incurred, in an amount in the aggregate not to exceed six (6%) per centum of the taxable property of said municipality as shown by the tax digest, for the purpose of paying off and discharging any indebtedness that now exists or that may hereafter exist against the said City of Blue Ridge; provided that said bonded indebtedness shall not be incurred except with the assent of two-thirds of the qualified voters of said City of Blue Ridge, voting at an election for that purpose to he held as prescribed by law, provided said two-thirds so voting shall he a majority of the registered voters of said City of Blue Ridge.
Sec. 2. Be it further enacted by the authority aforesaid, that when said amendment be agreed to by two-thirds vote of the members elected to each House, it shall he entered upon the Journal of each House with the ayes and nays thereon, and published in one or more newspapers in each Congressional District, for two months previous to the time of holding the next general election, and shall at the next general election be submitted for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution, shall have written or printed on their ballots the words, "For ratification of amendment to Article Seven, Section Seven, Paragraph One of the Constitution, authorizing the City of Blue Ridge, a municipal corporation of Fannin County, to create a bonded indebtedness for the purpose of paying off indebtedness," and all persons voting at said election opposed to the adoption of said amendment, shall have written or printed on their ballots the words, "Against ratification of amendment to Article Seven, Section Seven, Paragraph One, of the Consti-

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tution, authorizing the City of Blue Ridge, a municipal corporation of Fannin County, to create a bonded indebtedness for the purpose of paying off indebtedness," and if a majority of the electors qualified to vote for members of the General Assembly voting thereon, shall vote for ratification thereof, when the result shall be consolidated as now required by law in elections for members of the General Assembly, then said amendment shall become a part of Article Seven, Section Seven, Paragraph One of the Constitution of this State, and the Governor shall make proclamation therefor as provided by law.
Sec. 3. Be it further enacted that all laws or parts of laws in conflict herewith be and the same are hereby repealed.
Mr. Harrell of Brooks moved that the House do now adjourn, and the motion prevailed.
Leaves of absence were granted to Messrs. Hodges of Liberty, Smith of Dodge, Batchelor of Putnam, Marshall of Macon, Rowland of Johnson, Whipple of Bleckley, Gary of Quitman, Jones of Elbert, and Pilcher of Warren.
The Speaker announced the House adjourned until Monday morning, December 6, at 10:00 o'clock, and House Bill No. 33 went over until that time under the order of unfinished business.

MoNDAY, DECEMBER 6, 1937.

221

REPRESENTATJVE HALL, ATLANTA, GA.,

MoNDAY, DECEMBER 6, 1937.

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 Dr. Ellis A. Fuller of the First Baptist Church of Atlanta.

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

Adams

Culpepper of Fayette

Allison

Culpepper of Mitchell

Almand

Dampier

Ansley

Daves

Bargeron

Deal

Barlow

Dean

Barnard

DeFoor

Barrett

Dollar

Batchelor

Douglass

Beck

Drake

Blease

Drinkard

Bond

Dugas

Booth

Dukes

Bradley

Dunn

Brewton

Durden

Bridges

Edwards

Brooks of Jackson

Ellington

Brooks of Oglethorpe Elliott

Brown of Peach

Ennis

Campbell

Erwin

Candler

Etheridge

Carmichael of Cobb

Evans

Carmichael of Randolph Ferguson

Clark

Field

Clary

Fitts

Claxton

Flanders

Clements

Fowler

Cochran

Freeman

Cogdell

Gammage

Cohen

Gary

Coleman

Gavin

Corbett

Goff

Coxon

Grayson

Croker

Gross

Groover Grubbs GUYton Hamby Hampton Hand Harden Harrell of Brooks Harrell of Irwin Harris Harrison Hart Harvey Hastings Hayes Hendrix Herndon Herrin Hill of Clarke Hill of Screven Hodges Hogg Hollis Holt Home Houston Houze Jackson Joel Johnson Jones of Bartow Jones of Brantley Jones of Dodge Jones of Elbert

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Jones of Jenkins Keel Kendrick Key
Kirbo Lanham Lanier Larsen Leonard Lewallen Lewis Mankin Manry Marshall Martin Mavity McCracken McCravey McGehee McGraw McNall Middleton Milam Miller Moore of Baldwin Moore of Haralson Moore of Lumpkin Moore of Taliaferro Morgan Morris Moss Mundy Musgrove

Newby Newton Oden Palmour Parker Patten Perry Peters Phillips Pilcher Pirkle Pound Preston of Bulloch Preston of Walton Ragan Rawlins Rees Reid of Carroll Reid of Wilcox Rountree Rowland Sabados Salter Sams Sanders Sapp
Sartain Saunders Scruggs Simmons Smith of Dodge Smith of Henry

Smith of Muscogee Spence Striplin Sutton Swindle Tapp Tate Taunton Todd Thomas Trapnell Trippe Turner Vickery Wall Wages Walton Ware Warnell Warnock Watkins Weaver Welsch Whaley Whipple Whitaker Williams of Bacon Williams of Jones Wilson Yeomans Zellner Mr. Speaker

Mr. Dampier of Laurens, Acting Chairman of the Committee on Journals, reported that the Journal oflast Friday'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.

MoNDAY, DECEMBER 6, 1937.
2. Reports of standing committees.
3. Second reading of bills and resolutions, favorably reported.
4. Third reading and passage of local uncontested bills and
resolutions~
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. DeFoor of Mcintosh-
House Bill No. 171. A bill to be entitled an Act to amend the Act entitled "Highway Mileage," by adding certain mileage in Liberty and Mcintosh Counties, and for other purposes.
Referred to Committee on Public Highways No. 2.
By Mr. Cogdell of Glynn-
House Bill No. 172. A bill to be entitled an Act to amend Section 26-21-1 of the Code of 1933, defining criminal libel, and prescribing the punishment therefor, by providing that a defendant accused of criminal libel through any newspaper printing, or writing, or sign, pictures, or the like, shall be tried in the county where the newspaper is actually printed, and for other purposes.
Referred to Committee on General Judiciary No.2.
By Mr. Reid of Wilcox-
House Bill No. 173. A bill to be entitled an Act to amend that certain Act to create a Board of Commissioners of Roads and Revenues in and for the County of Wilcox, and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Musgrove of Clinch and Herrin of Echols-
Hause Bill No. 174. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding a certain road in Clinch and Echols Counties, and for other purposes.
Referred to Committee on Public Highways No.2.

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By Mr. Smith of Henry-
House Bill No. 175. A bill to be entitled an Act to amend an Act, approved July 21, 1931, amending the charter of the City of McDonough, in the County of Henry, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Smith of Henry-
House Bill No. 176. A bill to be entitled an Act to amend an Act, approved October 12, 1885, and Acts amendatory thereof, amending the charter of the Town of McDonough, in the County of Henry, and for other purposes.
Referred to Committee on Municipal Government.
By Mrs. Mankin of Fulton-
House Resolution No. 37-176a. A resolution that Mrs. Shirley Gay Reynolds be added to the list to receive a pension as a widow of a confederate veteran, and for other purposes.
Referred to Committee on Pensions.
By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton, and Sanders of Coweta-
House Bill No. 177. A bill to be entitled an Act to discontinue, vacate, abandon, and close up a section of the public road known as the old Newnan-Atlanta Road located in land lot 63, thirteenth district, Fulton County, and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Holt of Appling-
House Bill No. 178. A bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Appling, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Grayson of Chatham-
House Bill No. 179. A bill to be entitled an Act to extend the penal laws of the State of Georgia relating to illegal practices in general elections to all primary elections, and for other purposes.

MoNDAY, DECEMBER 6, 1937.

225

Referred to Committee on Special Judiciary.
By Messrs. Smith and Jones of Dodge and Whaley of Telfair-
Hause Bill No. 180. A bill to be entitled an Act governing the drilling and operation of wells drilled for oil, gas or water, in Georgia, and for other purposes.
Referred to Committee on State of Republic.
By Messrs. Guyton of Effingham, Brown of Peach, and Evans of McDuffie-
Hause Bill No. 181. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding certain mileage to the System of State Aid Roads, and for other purposes.
Referred to Committee on Public Highways No. 2.
By Messrs. Hampton of Fannin, Ellington of Gilmer, and McCravey of Union-
House Bill No. 182. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding a certain road in Fannin, Gilmer and Union Counties, and for other purposes.
Referred to Committee on Public Highways No.2.
Mr. Larsen of Laurens 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 House and have instructed me, as Chairman, to report the same back to the House with the following recommendation:
House Bill No. 148. Do pass.
Respectfully submitted,
LARSEN of Laurens, Chairman.
Mr. Brown of Greene County, Chairman of the Committee on Counties and County Matters, submitted the following report:

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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. 152. Do pass.
Respectfully submitted,
BROWN of Greene, Chairman.
Mr. Sartain of Walker County, Chairman of the Committee on Engrossing, submitted the following report:
Mr. Speaker:
Your Committee on Engrossing has examined, found properly engrossed, and ready for transmission to the Senate, the following bills and resolutions of the House and Senate, to-wit:
House Bills Nos. 4, 45, 116, 119, 120, 99, 118.
House Resolution No. 39.
Senate Resolution No. 11. Respectfully submitted,
SARTAIN of Walker, Chairman.
Mr. Kendrick of Fulton County, Chairman of the Committee on Industrial Relations, submitted the following report:
Mr. Speaker:
Your Committee on Industrial Relations have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the House with the following recommendation:
House Bill No. 126. Do pass. Respectfully submitted, KENDRICK of Fulton, Chairman.
Mr. Pound of Hancock County, Chairman of the Committee on Public Highways No. 2, submitted the following report:

MoNDAY, DECEMBER 6, 1937.

227

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:
H;ouse Bill No. 163. Do pass.
House Bill No. 158. Do pass.
House Bill No. 154. Do pass.
House Bill No. 134. Do pass.
House Bill No. 165. Do pass.
House Bill No. 130. Do pass.
Respectfully submitted, PouND of Hancock, Chairman.
Mr. Trapnell of Candler 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. 168. Do pass.
House Bill No. 169. Do pass. Respectfully submitted, TRAPNELL of Candler, Chairman.
By unanimous consent, the following bills of the House, favorably reported, were read the second time:
By Messrs. Leonard, Smith, and Elliott of Muscogee-
House Bill No. 126. A bill to be entitled an Act to provide for reciprocal agreements with other States as to privileges of operating motor vehicles over the highways of this State, and for other purposes.

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By Mr. Jones of Brantley-
Hause Bill No. 130. A bill to be ehtitled an Act to amend the Highway Mileage Act by adding a certain road to the System of State Aid Roads, and for other purposes.
By Mr. Thomas of Chattooga-
House Bill No. 134. A bill to be entitled an Act to amend an Act so as to increase the mileage of the State Aid System of Roads, and for other purposes.
By Messrs. Freeman and Weaver of Bibb-
House Bill No. 148. A bill to be entitled an Act to propose an amendment to the Constitution of the State of Georgia, so as to authorize the City of Macon to make temporary loans, and for other purposes.
By Messrs. Thomas of Chattooga and Claxton cif Camden-
House Bill No. 152. A bill to be entitled an Act to create a State Racing Commission, and for other purposes.
By Messrs. Welsch of Cobb, Ellington of Gilmer, Carmichael of Cobb, and others-
House Bill No. 154. A bill to be entitled an Act to amend the Highway Mileage Act by adding a certain road to the System of State Aid Roads, and for other purposes.
By Mr. Reid of Wilcox-r-
House Bill No. 158. A bill to be entitled an Act to amend the Highway Mileage Act by adding a certain road to the System of State Aid Roads, and for other purposes.
By Mr. Newton of Toombs-
Hause Bill No. 163. A bill to be entitled an Act to amend an Act so as to increase the mileage of the State Aid System of Roads by the addition of a certain road thereto, and for other purposes.
By Messrs. Croker of Paulding, Welsch of Cobb, and Moore of Haralson-
House Bill No. 165. A bill to be entitled an Act to amend an

MoNDAY, DECEMBER 6, 1937.

229

Act so as to designate additional road mileage, and for other purposes.
By Messrs. Morgan, Groover, and Ware of Troup-
House Bill No. 168. A bill to be entitled an Act to amend an Act relating to the City Court of LaGrange, and for other purposes.
By Mr. Campbell of Newton-
House Bill No. 169. A bill to be entitled an Act to amend an Act relating to the salary of the Treasurer of Newton County, 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 Senator Forrester of the 44th District-
Senate Bill No. 11. A bill to be entitled an Act to amend the charter of the City of Trenton, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. DeFoor of Mcintosh-
House Bill No. 69. A bill to be entitled an Act to abolish the City Court of Darien, and for other purposes.
The following committee amendment to House Bill No. 69 was read and adopted:
The committee amends House Bill No. 69 by striking the words "to be held within ninety days from the passage of this Act" in Section 3, and inserting therein the words "said election to be held at the same time of the general election for State House Officers in said county in 1938."
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.

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On the passage of the bill, as amended, the ayes were 103, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
By Mr. Hamby of Rabun-
House Bill No. 75. A bill to be entitled an Act to create and establish the Rabun County City Court, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Martin of Jeff Davis-
House Bill No. 127. A bill to be entitled an Act to amend an Act so as to change the time of holding the Superior Court of Jeff Davis County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Holt of Appling-
House Bill No. 137. A bill to be entitled an Act to amend the charter of 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 the passage of the bill, the ayes were 107, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Brooks of Oglethorpe-
House Bill No. 140. A bill to be entitled an Act to amend an

MoNDAY, DEcEMBER 6, 1937.

231

Act to establish the City Court of Lexington, 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, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Whipple of Bleckley-
House Bill No. 155. A bill to be entitled an Act to amend an Act to provide and create a new charter for the Town of Cochran, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, the nays 0.
The bill having received the requisite constitutional majority was passed.
By unanimous consent, the following bill of the Senate was read the first time and referred to the committee:
By Senator Ennis of the 20th District-
Senate Bill No. 5. A bill to be entitled an Act to provide for a merit system of personnel administration in the State of Georgia, and to create and prescribe the powers and duties of a State Civil Service Commission, and for other purposes.
Referred to Committee on State of 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 bills of the Senate, ta-wit:
By Senator Robinson of th_e 13th District-
Senate Bill No. 10. A bill to amend Code Sections 36-1104,

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36-1115, and 95-1715 with reference to the condemnation of roads by the Federal, State, and County Government, and for other purposes.
By Senators Williams of th.e 5th District, Atkinson of the 1st District, and Pope of the 7th District-
Senate Bill No. 13. A hill to amend Code Sections 105-704 and 105-706, so as to broaden the scope of privilege as applied to newspaper libel, and for other purposes.
By Senator Millican of the 52nd District-
Senate Bill No. 15. A bill providing that all conveyances used on roads and waters of the State in conveying tickets or records used in the operation of a lottery by any person or firm in violation of Sections 26-6501 and 26-6502 shall be seized; to provide for disposition of funds arising from sale of such vehicles; and for other purposes.
By Senator Ennis of the 20th District-
Senate Bill No. 18. A bill amending Tax Act of 1935 by reducing the tax on municipal or county fairs to the sum of $25.00, and for other purposes.
By unanimous consent, the following bill of the House was withdrawn from further consideration of the House:
By Mr. Larsen of Laurens-
House Bill No. 91. A bill to be entitled an Act to amend an Act to regulate outdoor advertising, and for other purposes.
The following resolution of the House was read:
By Messrs. Brown of Peach and Evans of McDuffie-
Hause Resolution No. 38.

A RESOLUTION
Whereas, at the last session of the General Assembly of Georgia, on the 8th day of March, 1937, House Bill No. 14 was passed by the House of Representatives, purporting to be a local bill for the County of Fulton, and being passed during the period allotted

MoNDAY, DEcEMBER 6, 1937.

233

for the consideration of local bills, and receiving no consideration or notice by the members of the House of Representatives, being passed at a night session when there were only 105 members present,
And Whereas, said bill later passed the Senate of Georgia, and was approved by the-Governor on the 22nd day of March, 1937,
And Whereas, since the publication of the laws of Georgia of 1937, by reference to same, it is learned that said bill which purported to be a local bill was not in fact a local bill, but was a general bill, requiring the State Highway Board of Georgia to construct a highway through the heart of the business section of Atlanta, in the proximity of Broad Street,
And Whereas, from information now available, the cost of construction of said highway, in condemning and paying for buildings which said highway will pass thru will amount to approximately three quarters of a million dollars, to be paid out of the tax money of the citizens of the entire State of Georgia,
And Whereas, the present law of force when said bill was passed requires the counties of the State to pay for rights of way, for construction purposes,
And Whereas, said bill is an effort to place upon the people of Georgia the burden of paying for highways in Fulton County, which burden rightfully belongs to and should be borne by Fulton County alone,
Therefore, Be it resolved by the House of Representatives:
1. That a Committee of five, to be composed of the two joint authors of this bill, and three other members to be appointed by the Speaker, be authorized to investigate all of the circumstances surrounding the introduction and passage of said bill, including the question of how same passed the Committee of Public Highways No. 1, as a local measure.
2. That said Committee be authorized and empowered to subpoena and swear witnesses.
3. That a report be submitted to the Clerk of the House in writing as to the findings within five days by the said Committee.

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4. That said Committee be not authorized to mcur any expense in said investigation.
Mr. Evans of McDuffie moved that the resolution be referred to a special committee to be composed of the following:
Messrs. Hastings of Fulton,
Kendrick of Fulton,
Mrs. Mankin of Fulton,
Brown of Peach,
Sutton of Wilkes,
Guyton of Effingham,
Joel of Clarke,
Candler of DeKalb, and
Evans of McDuffie.
The motion prevailed, and the resolution was referred to the special committee named above.
The following resolution of the House was read:
By Messrs. Clements of Wheeler, Rawlins of Ben Hill, Scruggs of Washington, Barlow of Colquitt, Brewton of Evans, and Bond of Oconee-
House Resolution No. 39. A resolution memorializing the members of Congress to use every effort to secure an appropriation to repay to the cotton farmers of the South the amount of the tax paid by such farmers respectively in the purchase of cotton certificates, and for other purposes.
The following amendment to House Resolution No. 39 was read and adopted:
By Messrs. Swindle of Berrien, Fowler of Treutlen, Sabados of Dougherty, and Parker and Barlow of C<?_lquitt-
Amend Resolution No. 39 to include repayment on tobacco certificates in same manner as provided for payment on cotton certificates.

MoNDAY, DECEMBER 6, 1937.

235

The resolution, as amended, was adopted.
By unanimous consent, the resolution was ordered immediately transmitted to the Senate.
The following resolution of the House was read:
By Mr. Edwards of Thomas-
House Resolution No. 40. A resolution that it is the sense of this body that unless some constructive measure is brought before this body within the next twenty-four hours toward the basic revision of the tax structure of this State, that this Assembly do adjourn sine die at twelve o'clock, Central Standard Time, December 7, 1937.
The following report of the Committee on Rules was submitted, read, and adopted:
Mr. Speaker:
Your Committee on Rules wishes to submit the following as a special and continuing order of business to begin immediately upon the adoption of this report, to-wit:
1. Senate Bill No. 1 providing for the exemption of three hundred dollars worth of personal property from taxation.
2. House Bill No. 82 providing for a treasury stabilization fund.
Respectfully submitted,
CoLEMAN of Lowndes,
Acting Vice-Chairman.
Under the order of business established by the Committee on Rules, the following bills of the House and Senate were taken up for consideration and read the third time:
By Senators Spivey of the 16th District, Atkinson of the 1st District, Pope of the 7th District, Purdom of the 46th District, and Johnson of the 42nd District-
Senate Bill No. 1. A bill to be entitled an Act to provide for exemption of taxation to the owner of personal property; to fix the amount of such exemption; and for other purposes.

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An amendment offered by Mr. Lewis of Burke was read and adopted.
Mr. Lanier of Richmond moved that Senate Bill No. 1 be recommitted to the Committee on State of Republic, and the motion prevailed.
By Messrs. Gammage of Terrell, McCracken of Jefferson, Hodges of Liberty, Rawlins of Ben Hill, and Mrs. Coxon of Long-
House Bill No. 82. A bill to be entitled an Act to provide for the creation of a stabilization fund; to provide that ten percent of all sums paid in the State Treasury under existing or future laws, shall be placed in such stabilization fund, and for other purposes.
The following substitute to House Bill No. 82 was read:
By Mr. Harris of Richmond-

A BILL
To be entitled an Act to provide for the creation of a stabilization fund; to provide that ten percent of all sums paid in the State Treasury under existing or future laws, commencing with funds paid beginning December 15, 1937 shall be placed in such stabilization fund; to provide that any excess of any allocated fund for any year over and above the approved budget requirements for said year for which such fund was allocated shall be paid into said stabilization fund; to provide that said stabilization fund shall be used by the Governor to pay any appropriation made by law where said stabilization fund may be needed for such purposes, 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 in the Treasury of the State of Georgia a fund which shall be known as the "stabilization fund."
The Treasurer of the State of Georgia shall set up in said fund ten percent (10%) of the collections from all sources whatsoever of any funds now or hereafter collected or received by the State of Georgia, or any agency thereof and paid into the State Trea-

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237

sury, commencing with ten percent of all funds collected or received beginning December 15, 1937.
The Treasurer shall also set up in said fund any excess of any allocated fund set aside to any department, board, bureau or agency of the State of Georgia, in any year over and above the approved budget requirements for which such fund was allocated for said year commencing with December 15, 1937. The amounts required by this Act to be so set up in the State Treasury shall constitute the stabilization fund, and shall be disposed of in accordance with this Act and not otherwise.
Sec. 2. The Governor of this State shall be authorized to use the said stabilization fund, or any part thereof, for the purpose of paying any appropriation or appropriations made by the General Assembly of Georgia where funds are not otherwise available to pay in full such appropriation or appropriations, whether such appropriation or appropriations are required by law to be paid from the State Treasury with allocated funds, or otherwise. In the use of the stabilization fund for the purposes named in this Act, the Governor shall not be required to prorate the said fund among unpaid appropriations, but he shall be authorized to use the same for such unpaid appropriations as he may determine, provided that no part of such fund shall be used except to pay an unpaid appropriation made by law. Said stabilization fund derived from allocated funds in any year remaining after carrying out the purposes provided in this Act shall be returned to the allocated funds from which derived, and the return to such allocated funds which have contributed to create the stabilization fund herein named shall be in the proportion which said allocated funds have contributed to the creation of the stabilization fund provided herein. Provided, that any part of said stabilization fund derived from sources other than allocated funds remaining on hand at the end of any year shall revert to the General Treasury. December 15th each year shall be considered the distribution date of said fund remaining on hand.
Sec. 3. Be it further enacted that with respect to allocated funds in which the General Appropriations Bill provides a percentage of such allocated funds for general governmental purposes, that such percentage so appropriated for such purposes

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shall be included as a part of the ten percent (10%) of such funds herein provided and shall not be in addition thereto.
Sec. 4. Be it further enacted that this Act shall become effective December 15, 1937.
Sec. 5. All laws and parts of laws in conflict herewith be and the same are hereby repealed.
Sec. 6. If any provisions of this Act, or the application thereof to any funds of a State Agency, is held invalid, the remainder of the Act, and the application of each provision to funds of other State Agencies shall not be effected thereby.
Mr. Coleman of Lowndes moved that the House do now recess until 2:00 o'clock this afternoon.
Mr. Elliott of Muscogee moved that the House do now adjourn, and the motion was lost.
The motion to recess until 2:00 o'clock this afternoon was lost.
Mr. Smith of Muscogee moved that the House do now adjourn, and the motion was lost.
Mr. Freeman of Bibb moved the previous question, and the motion prevailed.
The following amendment to the substitute to House Bill No. 82 was read:
Messrs. Pilcher of Warren and Weaver of Bibb move to amend the substitute to House Bill No. 82 by adding a section to be appropriately numbered, as follows:
Provided, however, that nothing in this Act shall in any manner, change or effect the distribution of the .01 (one cent) of the motor fuel tax to the counties, nor of the .01 (one cent) motor fuel tax to the school equalization fund, nor shall these funds be tithed. It being the intention of this legislative body to especially exempt said funds and the distribution of said funds from the "stabilization fund," and to amend the caption accordingly.
Part 1 of the amendment was adopted.
Part 2 of the amendment was adopted.

MoNDAY, DECEMBER 6, 1937.

239

An amendment offered by Messrs. Lanham of Floyd and Gross of Stephens was ruled out of order.
The following amendment was read and adopted:
Mr. Lanier of Richmond amends the substitute to House Bill No. 82 by adding a new section immediately before the repealing clause to read:
Provided that of the funds provided by this Act the appropriation to the Common School Fund, the appropriation to the State Board of Education, the appropriation to the School Equalization Fund shall first be paid.
Mr. Houston of Worth moved that the House reconsider the adoption of the amendment offered by Mr. Lanier of Richmond, and the motion prevailed.
By unanimous consent, the amendment was withdrawn.
The following amendment was read:
Messrs. Jones of Brantley and Houston of Worth move to amend the substitute to House Bill No. 82 by adding or inserting at the proper place: Provided that none of the said funds referred to in this bill shall be used except for the payment of the appropriation for the common school, eleemosynary institutions, and old age assistance.
On the adoption of the amendment, the ayes were 62, the nays 62.
The amendment was lost.
Mr. Evans of McDuffie moved that the House reconsider its action in failing to adopt the amendment offered by Mr. Jones of Brantley and Mr. Houston of Worth.
On the motion to reconsider, the ayes were 65, the nays 65, and the motion was lost.
The following amendment was read and adopted:
Mr. Welsch of Cobb moves to amend the Harris substitute to the Stabilization Bill, House Bill No. 82, by adding at the end of Section One (1) the following:

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Provided there shall be no such payment into said "stabilization fund" or diversion from any source or department during any fiscal year unless and until it is definitely determined that said 10% reduction or diversion shall in no way interfere with, or prevent, the State from obtaining federal aid or funds which might have been available but for the reduction or diversion.

An amendment offered by Mr. Flanders of Emanuel and others was read and lost.

An amendment offered by Mr. Parker of Colquitt was read and lost.
The substitute to House Bill ~o. 82, as amended, was adopted.

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

On 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.:

Adams

Douglass

Allison

Drake

Ansley

Dukes

Bargeron

Durden

Barlow

Edwards

Batchelor

Ennis

Beck

Erwin

Bradley

Etheridge

Brewton

Ferguson

Bridges

Field

Brooks of Jackson

Fitts

Brooks of Oglethorpe Flanders

Brown of Greene

Fowler

Carmichael of Cobb

Freeman

Carmichael of Randolph Gammage

Clary

Gavin

Clements

Goff

Cochran

Grayson

Coleman

Gross

Corbett

Groover

Coxon

Grubbs

Croker

Hamby

Dampier

Hampton

Daves

Harrell of Brooks

Deal

Harrell of Irwin

Harris Harrison Hayes Hendrix Herndon Hill of Clarke Hill of Screven Hogg Hollis Holt Houston Houze Jackson Joel Johnson Jones of Bartow Jones of Dodge Kendrick Key Lanham Lanier Larsen Leonard Lewis Mankin

MoNDAY, DEcEMBER 6, 1937.

241

Manry
Martin McCracken McGehee McGraw McNall Middleton Milam Moore of Baldwin Moore of Haralson Moore of Lumpkin Moore of ':Caliaferro Morgan Morris Mundy Musgrove Newby Oden Parker

Patten Perry Phillips Pilcher Pirkle Pound Preston of Bulloch Preston of Walton Ragan Rawlins Reid of Carroll Reid of Wilcox Rountree Sabados Salter Sanders Saunders Scruggs Simmons

Smith of Muscogee Striplin Swindle Tapp Tate Taunton Todd Trippe Vickery Ware Warnell Weaver Whaley Whitaker Williams of Jones Wilson Yoemans Zellner

Those voting in the negative were Messrs.:

Almand Barrett Blease Bond Booth Brown of Peach Campbell Candler Clark Claxton Cogdell Cohen Culpepper of Fayette

Davis DeFoor Drinkard Dugas Dunn Ellington Elliott Evans GuYton Harden Herrin Home Jones of Brantley

Kirbo Lewallen Mavity McCravey Moss Palmour Peters Rees Sams Wages Walton Warnock Watkins

Those not voting were Messrs.:

Barnard Bennett Chappell Culpepper of Mitchell Daughtry
Dean Dollar
Gary
Hand Hart HarveY Hastings

Hodges Jones of Elbert Jones of Jenkins Keel Marshall Miller Newton Peebles Rowland Sapp
Sartain

Smith of Dodge Smith of Henry Spence Sutton Thomas Trapnell Turner Wall Welsch Whipple Williams of Bacon

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The roll call was verified.
On the passage of the bill, by substitute, as amended, the ayes were 131, the nays 39.
The bill having received the requisite constitutional majority was passed, by substitute, as amended.
Mr. Coleman of Lowndes moved that the House do now adjourn, and the motion prevailed.
Leaves of absence were granted to Messrs. Hendrix qf Cherokee, McGraw of Meriwether, and Zellner of Monroe.
The Speaker announced the House adjourned until 10:00 o'clock tomorrow morning.

TuESDAY, DECEMBER 7, 1937.

243

REPRESENTATIVE HALL, ATLANTA, GA.,
TuESDAY, DECEMBER 7, 1937.
The House met, pursuant to adjournment, this day at 10:00 o'clock A. M., was called to order by the Speaker and opened with prayer by the Chaplain.
By unanimous consent, the call of the roll was dispensed with.
Mr. Dampier of Laurens, Acting Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
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 bills and resolutions.
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. Larsen of Laurens-
House Bill No. 183. A bill to be entitled an Act to amend the Constitution of Georgia, so as to authorize the City of Dublin to incur a bonded indebtedness, and for other purposes.
Referred to Committee on Amendments to Constitution No.2.

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By Messrs. Hart and Sanders of Coweta-
House Bill No. 184. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding a road in Coweta County, and for other purposes.
Referred to Committee on Public Highways No.2.
By Messrs. Hart and Sanders of Coweta-
House Bill No. 185. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding a road in Coweta County, and for other purposes.
Referred to Committee on Pub\ic Highways No.2.
By Messrs. Grayson, McNall, and Cohen of Chatham-
House Bill No. 186. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding certain roads in Chatham County, and for other purposes.
Referred to Committee on Public Highways No.2.
By Messrs. Carmichael and Welsch of Cobb-
House Bill No. 187. A bill to be entitled an Act to amend an Act which creates the office of Commissioner of Roads and Revenues of Cobb County by granting to said Commissioner the power to pass zoning ordinances, and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Grubbs of Crisp, Brewton of Evans, Dunn of Pike, Houze of Lowndes, and Key of Jasper-
House Bill No. 188. A bill to he entitled an Act to amend an Act entitled "An Act to promote temperance and prosperity for Georgia people," and for other purposes.
Referred to Committee on Ways and Means.
By Mr. Booth of Barrow-
House Bill No. 189. A hill to be entitled an Act to amend the Code of Georgia of 1933, so as to provide that judicial officers shall he disqualified when related to counsel or attorneys for parties, and for other purposes.

TUESDAY, DECEMBER 7, 1937.

245

Referred to Committee on General Judiciary No.2.
By Mr. Grayson of Chatham-
House Bill No. 190. A bill to be entitled an Act to amend an Act known as the General Appropriation Act for two years ending June 30, 1939, relating to the Agricultural Department, and for other purposes.
Referred to Committee on Appropriations.
By Mr. McCracken of Jefferson-
House Bill No. 191. A bill to be entitled an Act regulating small loan businesses, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Mr. McCracken of Jefferson-
House Bill No. 192. A bill to be entitled an Act regulating the sales of salary and wages, and for other purposes.
Referred to Committee on General Judiciary No. i.
By Mr. Holt of Appling-
House Bill No. 193. A bill to be entitled an Act to amend an Act entitled "An Act to amend the Act dividing the Brunswick Circuit and creating the new Waycross Judicial Circuit," and for other purposes.
Referred to Committee on Special Judiciary.
By Messrs. Groover, Morgan, and Ware of Troup, Hodges of Liberty, and Sanders of Coweta-
House Bill No. 194. A bill to be entitled an Act to provide for the sale and distribution of license plates for motor vehicles in each county of the State, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Messrs. Ellington of Gilmer, Hampton of Fannin, and McCravey of Union-
House Resolution No. 41-194a. A resolution authorizing and directing the Governor to contract with Tennessee Copper Company in respect to the subject-matter of the litigation pend-

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ing in the Supreme Court of the United States between the State of Georgia and Tennessee Copper Company, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Dugas of White-
House Bill No. 195. A bill to be entitled an Act to amend an Act to require the payment of fees of clerks and sheriffs of the Superior Court in divorce cases in all counties in the State of Georgia having a population of not less than 6,000 and/or more than 6,100, and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Thomas of Chattooga-
House Bill No. 196. A bill to be entitled an Act to be known as the "Alcoholic Beverage Control Act"; to provide for the control of the manufacture, importation, distribution, and sale of spirituous liquors in original and unbroken packages; and for other purposes.
Referred to Committee on Temperance.
By Messrs. Candler, Sams, and Turner of DeKalb, Elliott of Muscogee, and Carmichael of Cobb-
House Bill No. 197. A bill to be entitled an Act to prohibit the employment or payment of tax ferrets on a commission basis by any officer, and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Candler, Sams, and Turner of DeKalb-
House Bill No. 198. A bill to be entitled an Act to pay C. H. Metz and the Audit Company of the South the sum of Five Hundred ($500.00) Dollars from any sums not now appropriated in the State Treasury of Georgia, and for other purposes.
Referred to Committee on Appropriations.
By Messrs. Candler, Sams, and Turner of DeKalbHouse Bill No. 199. A bill to be entitled an Act to amend
an Act entitled "Highway Mileage," by adding a certain road

TUESDAY, DECEMBER 7, 1937.

247

in DeKalb County, and for other purposes.
Referred to Committee on Public Highways No.2.
By Messrs. Mundy and Trippe of Polk-
House Bill No. 200. A bill to be entitled an Act to amend the charter of the City of Cedartown, and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Larsen and Dampier of Laurens-
House Bill No. 201. A bill to be entitled an Act amending the Act creating a new charter for the City of Dublin, and for other purposes.
Referred to Committee on State of Republic.
By Mr. Harrison of Crawford-
House Bill No. 202. A bill to be entitled an Act to amend an Act to enable the State Highway Department of Georgia to effectually carry out and put into effect the provisions of the amendment to the Constitution of the State of Georgia in reference to highway refunding certificates, and for other purposes.
Referred to Committee on Public Highways No. 1.
By Mr. Cogdell of Glynn-
House Bill No. 203. A bill to be entitled an Act to amend Title 86 ("Public Defense"), Part 1 ("Volunteer Force"), Part 4 ("The National Guard of Georgia"), Part 5 (Officers, Rank, Eligibility, Duties, Etc."); of the Code of Georgia; and for other purposes.
Referred to Committee on Military Affairs.
By Mr. Parker of Colquitt-
House Bill No. 204. A bill to be entitled an Act to be known as the Uniform Warehouse Receipts Law, and for other purposes.
Referred to Committee on State of Republic.
Mr. Brown of Greene County, Chairman of the Committee

248

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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. 173. Do pass.
House Bill No. 178. Do pass.
Respectfully submitted,
BRowN of Greene, Chairman.
Mr. Sartain of Walker County, Chairman of the Committee on Engrossing, submitted the following report:
Mr. Speaker:
Your Committee on Engrossing has examined, found properly engrossed, and ready for transmission to the Senate, the following bills and resolution of the House, to-wit:
House Bills Nos. 69, 75, 82, 127, 137, 140, 155.
House Resolution No. 44.
Respectfully submitted,
SARTAIN of W'alker, Chairman.
Mr. Groover of Troup County, Chairman of the Committee on Enrolling, submitted the following report:
Mr. Speaker:
Your Committee on Enrolling has examined, found properly enrolled, and ready for transmission to the Governor, the following resolution of the House, to-wit:
House Resolution No. 44. Respectfully submitted,
GRoovER of Troup, Chairman.

TUESDAY, DECEMBER 7, 1937.

249

Mr. McGraw of Meriwether 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 have instructed me, as Chairman, to report the same back to the House with the following recommendations:
House Bill No. 60. Do not pass.
House Bill No. 164. Do pass.
Respectfully submitted,
McGRAw of Meriwether, Chairman.
Mr. McCracken of Jefferson 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 Bills Nos. 159, 175, 176, 167, 128. Do pass.
Respectfully submitted,
McCRACKEN of Jefferson, Chairman.
Mr. Houston of Worth County, Vice-Chairman of the Committee on Privileges and Elections, submitted the following report:
Mr. Speaker:
Your Committee on Privileges and Elections have had under consideration the following bill of the House and have instructed me, as Vice-Chairman, to report the same back to the House with the following recommendation:

250

JOURNAL OF THE HousE,

House Bill No. 100. Do pass. Respectfully submitted, HousTON of Worth, Vice-Chairman.
Mr. Gross of Stephens County, Vice-Chairman of the Committee on Public Highways No. 1, submitted the following report:
Mr. Speaker:
Your Committee on Public Highways No. 1 have had under consideration the following bills of the House and have instructed me, as Vice-Chairman, to report the same back to the House with the following recommendations:
House Bill No. 3. Do pass, by substitute.
House Bill No. 111. Do not pass. Respectfully submitted, GRoss of Stephens, Vice-Chairman.
Mr. Houston of Worth County, Chairman of the Committee on Special Appropriations, submitted the following report:
Mr. Speaker:
Your Committee on Special Appropriations have had under consideration the following 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. 25. Do pass. Respectfully submitted, HousTON of Worth, Chairman.
Mr. Candler of DeKalb County, Vice-Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary have had under consideration the following bill of the House and have instructed me, as Vice-Chairman, to report the same back to the House with the following recommendation:

TUESDAY, DECEMBER 7, 1937.

251

House Bill No. 177. Do pass.
Respectfully submitted,
CANDLER of DeKalb, Vice-Chairman.
Mr. Coleman 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 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. 1. Do pass.
Respectfully submitted, CoLEMAN of Lowndes, Chairman.
By unanimous consent, the following bills and resolutions of the House, favorably reported, were read the second time:
By Mr. Gross of StephensHouse Bill No. 3. A bill to be entitled an Act to amend an
Act fixing motor vehicle license taxes, and for other purposes.
By Mr. Guyton of Effingham-
House Bill No. 100. A bill to be entitled an Act to provide for the identification of the voters in all primary elections, and for other purposes.
By Mr. Pound of Hancock-
House Resolution No. 25-103a. A resolution to appropriate three hundred dollars for the purpose of erecting a suitable marker at the grave of William Rabun, and for other purposes.
By Messrs. Candler, Sams, and Turner of DeKalb-
House Bill No. 128. A bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Decatur, and for other purposes.

252

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By Mr. Yeomans of Wayne-
House Bill No. 159. A bill to be entitled an Act to repeal an Act to create a charter for the City of Jesup, and for other purposes.
By Mr. Weaver of Bibb-
House Bill No. 164. A bill to be entitled an Act to amend the Code relating to the liability of the Ordinary for failure to post facts pertaining to application or issuing license unlawfully,. and for other purposes.
By Messrs. Sams, Candler, and Turner of DeKalb-
House Bill No. 167. A bill to be entitled an Act to create and establish the charter of the City of Pine Lake, and for other purposes.
By Mr. Reid of Wilcox-
House Bill No. 173. A bill to be entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenues, in and for the County of Wilcox, and for other purposes.
By Mr. Smith of Henry-
House Bill No. 175. A bill to be entitled an Act to amend an Act amending the charter of the City of McDonough, and for other purposes.
By Mr. Smith of Henry-
House Bill No. 176. A bill to be entitled an Act to amend an Act amending the charter of the City of McDonough, and for other purposes.
By Messrs. Hastings and Kendrick and Mrs. Mankin of Fulton and Mr. Sanders of Coweta-
House Bill No. 177. A bill to be entitled an Act to abandon a section of the public road known as the old Newnan-Atlanta Road, and for other purposes.
By Mr. Holt of Appling-
House Bill No. 178. A bill to be entitled an Act amending

TuESDAY, DECEMBER 7, 1937.

253

an Act creating a Board of Commissioners of Roads and Revenues for the County of Appling, and for other purposes.
By unanimous consent, the following bills of the House were read the third time and placed upon their passage:
By Messrs. Morgan, Groover, and Ware of Troup--
House Bill No. 168. A bill to be entitled an Act to amend an Act relating to 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 103, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Campbell of Newton-
House Bill No. 169. A bill to be entitled an Act to amend an Act relating to the salary of the Treasurer of Newton County, and for other purposes.
The following substitute to House Bill No. 169 was read and adopted:
By Mr. Campbell of Newton-

A BILL
To be entitled an Act to amend that certain Act of the General Assembly of Georgia approved March 30, 1937, (Georgia Laws 1937, pp. 1394-1395) which amends an Act approved August 18, 1919, as published in Georgia Laws 1919, pp. 709-710 relating to the salary of the Treasurer of Newton County and so as to provide that the salary of such Treasurer shall be $800.00 per year instead of $480.00 per year as fixed by said Amending Act approved March 30, 1937; to provide that this Act shall relate back to January 1, 1937; to repeal all conflicting laws; and for other purposes.
Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same:

254

JouRNAL oF THE HousE,

Section 1. That Section 1 of that certain Act of the General Assembly of Georgia approved March 30, 1937, (Georgia Laws 1937, pp. 1394-1395) be and the same is hereby amended by striking from the eighth and ninth lines of said Section as published at page 1395 of Georgia Laws of 1937 the words and figures "Four Hundred Eighty ($480.00) Dollars" and by substituting in lieu thereof the words and figures "Eight Hundred ($800.00) Dollars," so that said section as and when amended shall read and be as follows, to-wit:
"Section 1. That from and after the passage and approval of this Act unless a vacancy occurs by death or otherwise, the Treasurer of the County of Newton of said State shall be paid a salary of Eight Hundred ($800.00) Dollars per annum for his services as such treasurer, and he shall not receive any fees, commissions or other prerequisites from said office, except the Commissioner of Roads and Revenues of said county shall, and is hereby authorized, to pay the premiums on the bond required by law to be given by said treasurer, out of the general county funds, which together with the salary above provided, shall be in full for all services rendered by him as such treasurer."
Sec. 2. Be it further enacted that this Act shall relate back to and be of force from and after January 1, 1937, so that the salary of the present incumbent of said County of Newton shall not be affected by the amendment approved March 30, 1937.
Sec. 3. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
The report of the committee, which was favorable to the passage of the bill, was agreed to, by substitute.
On the passage of the bill, by substitute, the ayes were 104, the nays 0.
The bill having received the requisite constitutional majority was passed, by substitute.
By unanimous consent, the following bills of the Senate were read the first time, and referred to the committees:
By Senator Robinson of the 13th District-
Senate Bill No. 10. A bill to be u. t1t1ed an Act to amend

TUESDAY, DECEMBER 7, 1937.

255

the Code so as to increase the width which the State Highway Board and the Federal Government may secure by condemnation for State Aid and Federal Aid Roads, and for other purposes.
Referred to Committee on State of Republic.
By Senators Williams of the 5th District, Atkinson of the 1st District, and Pope of the 7th District-
Senate Bill No. 13. A bill to be entitled an Act to amend the Code so as to broaden the scope of privilege as applied to newspaper libel, and for other purposes.
Referred to Committee on State of Republic.
By Senator Millican of the 52nd District-
Senate Bill No. 15. A bill to be entitled an Act to provide that all conveyances used on the roads and waters of this State in conveying tickets or records used in the operation of a lottery shall be seized, and for other purposes.
Referred to Committee on Special Judiciary.
By Senator Ennis of the 20th District-
Senate Bill No. 18. A bill to be entitled an Act to amend an Act in reference to the tax on county or municipal fairs, and for other purposes.
Referred to Committee on Ways and Means.
Mr. Pound of Hancock arose to a question of personal privilege and addressed the House.
Mrs. Mankin of Fulton arose to a question of personal privilege and addressed the House.
By unanimous consent, the substitute to House Bill No. 3 was ordered printed.
The following resolution of the House was read and adopted:
By Messrs. Sabados and Durden of Dougherty-
House Resolution No. 42. A resolution-Whereas, each morning there appears on the desk of each member of the House

256

JouRNAL OF THE HousE,

"The Macon Telegraph," and whereas, the members of the House enjoy reading said paper, and look forward to same,

Be it therefore resolved by the House of Representatives, that full appreciation he in this manner conveyed to the said Macon Telegraph, for its consideration in making it possible for us to receive said paper.

The following resolution of the House was read: By Mr. Dugas of White-

House Resolution No. 43. A resolution inviting all ex-governors of the State of Georgia to address the General Assembly, said ex-governors including Hon. Richard B. Russell Jr., Hon. Clifford Walker, Hon. Thomas W. Hardwick, Hon. Eugene Talmadge, Han. John M. Slaton, and Hon. Hugh Dorsey.

Mr. Sahados of Dougherty moved to table the resolution, and the motion prevailed.

The following report of the Committee on Rules was suh-

mi tted and read:



Mr. Speaker:

Your Committee on Rules has had under consideration the fixing of a calendar for today's session and recommends that there he established as a special and continuing order of business the following hills of the Senate, to-wit:

1. Senate Bill No. 6, local Constitutional Amendment applying to Chatham County only.

2. Senate Bill No. 1, providing for exemption from taxation personal property of the value of three hundred dollars.

Respectfully submitted,

CoLEMAN of Lowndes, Acting Vice-Chairman.

On the adoption of the report, the ayes were 108, the nays 2.

The report was adopted.

Mr. Blease of Brooks arose to a question of personal privilege and addressed the House.

TuESDAY, DEcEMBER 7, 1937.

257

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 resolution of the House and Senate, to-wit:
By Senator Brock of the 37th District-
Senate Bill No. 14. A bill amending the charter of the City of Carrollton, and for other purposes.
By Senator McKenzie of the 48th District-
Senate Bill No. 21. A bill to amend the charter of the City of Cordele, and for other purposes.
By Senator Shedd of the 3rd District-
Senate Bill No. 23. A bill to repeal an Act incorporating the City of Jesup, and for other purposes.
By Senator Shedd of the 3rd District-
Senate Bill No. 24. A bill to create a new charter for the City of Jesup; to prescribe the rights and powers; and for other purposes.
By Messrs. Coleman of Lowndes, Harris of Richmond, Sutton of Wilkes, and Gross of Stephens-
House Bill No. 1. A bill to amend an Act providing for license and excise taxes upon the business of dealing in malt beverages, and for other purposes.
By Mr. Harrison of Crawford-
House Bill No. 24. A bill to create a new charter for the City of Roberta, and for other purposes.
By Messrs. Simmons and Kirbo of Decatur-
House Bill No. 77. A bill to repeal an Act to incorporate the Town of Diffee, and for other purposes.
By Messrs. Clements of Wheeler, Rawlins of Ben Hill, Scruggs

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of Washington, Barlow of Colquitt, Brewton of Evans, and Bond of Oconee-
House Resolution No. 39. A resolution requesting the securing of an appropriation by the Congress of the United States to repay producers the cotton tax levied under the .Bankhead law, and for other purposes.
The following resolutions of the House were read and adopted:
By Messrs. Phillips and Palmour of Hall-
House Resolution No. 44. A resolution that House Resolution No. 29-128b, declaring a holiday on the occasion of the visit of President Franklin D. Roosevelt, be and the same is hereby repealed, due to the fact that illness will prevent the President from making the visit to Gainesville, and for other purposes.
By Messrs. MeNall of Chatham and Carmichael of Cobb-
House Resolution No. 45. A resolution-Whereas, one of our distinguished members of the General Assembly, who has many friends, and while it has been suggested that he might double for Clark Gable in the event anything should happen to this female heartbreaker of the movies, is celebrating his anniversary of the day that he entered this world a smiling baby, and who is very bashful of his youth, and
Whereas, he is one of the most likeable and charming young men of the House, whose judgment is always respected and who is of a very high character in every respect,
Therefore, be it resolved that this House extend its heartiest congratulations to our colleague and friend "Spence" Grayson, of Chatham County, Georgia, and it is requested that he kindly advise the pages and others just how old he really is.
Under the order of business established by the Committee on Rules, the following bills of the Senate were taken up for consideration and read the third time:
By Senator Atkinson of the 1st District-
Senate Bill No. 6.

TuESDAY, DECEMBER 7, 1937.

259

A BILL
To be entitled an Act to propose to the qualified voters of the State of Georgia an Amendment to Article Seven, Section Seven, Paragraph One of the Constitution of the State of Georgia, incorporated in the Code of 1933 as Section 2-5501, so as to authorize the City of Savannah to incur a bonded indebtedness in addition to that heretofore authorized by the Constitution and laws of Georgia. For the purpose of refunding and retiring its existing bonded indebtedness due and unpaid as of November 1, 1937, and that becomes due up to and including January 1, 1939, to provide that the funds raised from such additional bonded indebtedness shall be used exclusively for the retirement of said bonded indebtedr;tess that is or may become due and unpaid as of January 1, 1939; to authorize the City of Savannah to issue bonds for the payment and retirement of all notes and other liquidated or unliquidated demands outstanding and unpaid as of January 1, 1939, for which the City of Savannah may be liable as principal, guarantor or otherwise, and to provide that funds raised from such additional bonded indebtedness shall be used exclusively for the payment and retirement of the indebtedness and obligations for which they are issued; to authorize the assessment and collection of an annual tax sufficient to pay principal and interest of said bonds as they become due; to authorize the fixing of the rate of interest, the date of issuance and other details incident to the issue and sale of said bonds; to provide for validation; to provide for submission of the amendment for ratification by the people; 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 Article Seven (7), Section Seven (7), Paragraph One (1) of the Constitution of Georgia, incorporated in the Code of 1933 as Section 2-5501, which has heretofore been amended, shall be further amended by adding at the end thereof a new paragraph to be worded as follows, te-wit:
"And except, that the City of Savannah, in addition to the bonded indebtedness heretofore authorized by the Constitution

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and l,p.ws of Georgia, may issue refunding serial bonds not in excess of the aggregate sum of Three Hundred Forty-five Thousand ($345,000.00) Dollars for the purpose of refunding and retiring any bonded indebtedness of said city outstanding, past due and unpaid as of November 1, 1937, and any bonded indebtedness of said city, which becomes due up to and including January 1, 1939, and shall provide for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said refunding bonds as they become due. Said serial bonds so issued shall mature in twenty-five (25) annual equal amounts beginning five (5) years from the date of issuance and maturing each year thereafter for a period of twenty-five (25) years. The proceeds of all such refunding bonds so issued by the City of Savannah shall be used exclusively for the purpose of paying and retiring said bonded indebtedness that is or may become due and unpaid as of January 1, 1939. Said refunding bonds shall be issued and validated when authorized by a majority vote of the Mayor and the Board of Aldermen of the City of Savannah, who are hereby authorized and empowered to fix the rate of interest, the date of issuance and all other details incident to the issue and sale of said bonds."
"And except, that the City of Savannah in addition to the bonded indebtedness heretofore authorized by the Constitution and laws of Georgia, may issue serial bonds not in excess of the sum of Six Hundred Fifty-five Thousand ($655,000.00) Dollars for the payment and retirement of the deficit and current indebtedness of the City of Savannah, the same being represented by judgments, notes, open accounts and other liquidated or unliquidated demands for which said City of Savannah may be liable as principal, guarantor or otherwise, outstanding and unpaid as of January 1, 1939; and shall provide for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said bonds as they become due. Said serial bonds so issued shall mature in twenty-five .(25) annual equal amounts beginning five (5) years from the date of issuance and maturing each year thereafter for a period of twenty-five (25) years. The proceeds of such bonds shall be used exclusively for the purpose of paying and retiring said

TuESDAY, DECEMBER 7, 1937.

261

outstanding and unpaid notes, judgments, open accounts and other liquidated or unliquidated demands as of January 1, 1939, for which said City of Savannah may be liable as principal, guarantor or otherwise. Said bonds shall be issued and validated when authorized by a majority vote of the Mayor and the Board of Aldermen of the City of Savannah, who are hereby authorized and empowered to fix the rate of interest, the date of issuance and all other details incident to the issue and sale of said bonds."
Sec. 2. Be it further enacted by the authority aforesaid that, when said amendment shall be agreed to by a two-thirds vote of the members elected to each of the two Houses, said amendment shall be entered on their journals, with the "Yeas" and "Nays" thereon, and shall be published in one or more newspapers in each Congressional District in the State of Georgia for two (2) months previous to the time of holding the next general election, and said amendment shall, at the next general election, be submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words,
"FOR ratification of amendment to Article 7, Section 7, Paragraph 1 of the Constitution, authorizing the City of Savannah to issue refunding bonds, to issue bonds for the retirement of indebtedness due and unpaid as of January 1, 1939,"
and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words,
"AGAINST ratification of amendment to Article 7, Section 7, Paragraph 1 of the Constitution, authorizing the City of Savannah to issue refunding bonds, to issue bonds for the retirement of indebtedness due and unpaid as of January 1, 1939,"
and if a majority of the electors, qualified to vote for members of the General Assembly, voting thereon, shall vote FOR ratification thereof, when the result shall be consolidated as now required by law in election of members of the General Assembly,

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the amendment and its provisions shall become a part of Article 7, Section 7, Paragraph 1 of the Constitution of the State of Georgia, and the Governor of the State of Georgia shall make a proclamation thereof, as provided by law.

Sec. 3. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict herewith be and the same are hereby repealed.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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

Those voting in the affirmative were Messrs.:

Adams

Croker

Allison

Culpepper of Fayette

Almand

Dampier

Bargeron

Daves

Barnard

Davis

Barrett

Deal

Batchelor

Dean

Beck

DeFoor

Bennett

Douglass

Bond

Drake

Bradley

Drinkard

Brewton

Dugas

Brooks of .Tackson

Dukes

Brooks of Oglethorpe Dunn

Brown of Greene

Durden

Brown of Peach

Edwards

Candler

Ellington

Carmichael of Cobb

Elliott

Carmichael of Randolph Ennis

Clark

Erwin

Clary

Etheridge

Claxton

Evans

Clements

Ferguson

Cochran

Fitts

Cogdell

Flanders

Cohen

Fowler

Coleman

Freeman

Corbett

Gammage

Coxon

Gary

Gavin Goff Grayson Gross Groover Grubbs Guyton Hamby Hampton Hand Harden Harrell of Brooks Harrell of Irwin Harrison Hart Hayes Hendrix Hill of Screven Hodges Hogg Hollis Holt Home Houston Houze .Jackson Joel .Tones of Bartow .Tones of Brantley

TUESDAY, DECEMBER 7, 1937.

263

Jones of Dodge Jones of Jenkins Kendrick Key Lanier Larsen Leonard Lewallen Lewis Mankin Manry
Marshall Mavity McCracken McCravey McGehee McNall Middleton Milam Miller Moore of Baldwin Moore of Haralson Moore of Lumpkin Moore of Taliaferro Morgan

Morris Moss Mundy Newby Newton Oden Palmour Parker Patten Perry Peters Phillips Pilcher Pirkle Pound Preston of Bulloch Preston of Walton Ragan Rees Reid of Carroll Rountree Sabados Salter Sams Sanders

Sapp Saunders Scruggs Striplin Swindle Tate Taunton Todd Thomas Trapnell Trippe Turner Vickenr Wages Walton Ware Warnell Warnock Watkins Welsch Whaley Williams of Jones Wilson Yeomans

Those not voting were Messrs.:

Ansley Barlow Blease Booth Bridges Campbell Chappell Culpepp~r of Mitchell Daughtry Dollar Field Harris Harvey Hastings Herndon.

Herrin Hill of Clarke Johnson Jones of Elbert Keel Kirbo Lanham Martin McGraw Musgrove Peebles Rawlins Reid of Wilcox Rowland Sartain

Simmons Smith of Dodge Smith of Hennr Smith of Muscogee Spence Sutton Tapp Wall Weaver Whipple Whitaker Williams of Bacon Zellner Mr. Speaker

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

On the passage of the bill, the ayes were 161, the nays 0.

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The bill having received the requisite two-thirds constitutional majority was passed.
By Senators Spivey of the 16th District, Atkinson of the 1st District, Pope of the 7th District, Purdom of the 46th District, and Johnson of the 42nd District-
Senate Bill No. 1. A bill to be entitled an Act to provide for exemption of taxation to the owner of personal property; to fix the amount of such exemption; to provide for the time and manner of exempting said personal property; to provide for personal property application blanks; to provide for a fee when application is filed; to provide for a record of exempted property; to provide penalties for fraudulent Acts and for the repeal of existing laws; and for other purposes.
Mr. Carmichael of Cobb moved the previous question, the motion prevailed, and the main question was ordered.
The following amendments were read and adopted:
Mr. Mundy of Polk moves to amend Senate Bill No. 1 by striking in lines 7 and 10 of Section 3 the following words "showing the price or value when the same was purchased or acquired by gift," also striking the words "the approximate cost together with" in line 12 of Section 3 of said bill.
Mr. Pilcher of Warren moves to amend Senate Bill No. 1 by striking the words "whose action shall be final" at the end of Section 5, and by substituting therefor the following "with the right of appeal from the decision of the Board of Assessors to the Superior Court as is provided in appeals from the Court of Ordinary."
Mr. Lanier of Richmond moves to amend Senate Bill No. 1 by adding a new section immediately before the repealing clause to be appropriately numbered to read:
That if _any portion of this bill be declared unconstitutional such portion so declared shall not invalidate the remainder of this Act.
The following amendment was read:
Mr. Lewis of Burke moves to amend Senate Bill No. 1 as

TuESDAY, DEcEMBER 7, 1937.

265

follows: (a) By striking from line 6 of Section 1 the words "of manual laborers," and (b) adding at the end of Section 1 the following: "This exemption shall not include motor vehicles of any description."
(c) Moves to amend Section 3 of said bi-ll by striking the following words, to-wit: "Said application shall provide for an itemized list of all the principal items of such property showing the price or value when the same was purchased or acquired by gift; together with the actual value of same at the time application is filed. All other miscellaneous items of property not listed in detail shall show the approximate cost, together with the actual value of same at the time said application is filed," and (d) substituting in lieu of the words so stricken the following: "Said application shall provide for an itemized list of the principal items of personal property on which said exemption is sought, setting forth the market value of said property."
Part (a) of the amendment was withdrawn.
Part (b) of the amendment was adopted.
Part (c) of the amendment was ruled out of order.
Part (d) of the amendment was ruled out of order.
The following amendments were read and adopted:
Mr. Welsch of Cobb moves to amend Senate Bill No. 1 by amending Section 1 by adding at the end thereof as paragraph subsection (a) and to amend the caption accordingly, as follows:
The word "owner," wherever used in this Act shall mean and be limited to the following:
(a) A husband or wife actually living together but not both.
(b) A person who is unmarried but permanently maintains a home for the benefit of one or more persons who are morally or through relation to him or her dependent wholly or in part upon him or her for support.
(c) A widow or widower having one or more children and maintaining a home occupied by them; or maintaining and occupying a home for said widow or widower.

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(d) A divorced husband or wife living in a bona fide state of separation, and having legal custody of one or more of their children owns and maintains a home for said child or children.
(e) A person who is unmarried but permanently maintains a home occupied by himself or herself.
Mr. Lewis of Burke moves to amend Senate Bill No. 1 by striking from the caption the words-"to provide for a fee when application is filed."
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 125, the nays 3.
The bill having received the requisite constitutional majority was passed, as amended.
Mr. Harrell of Brooks moved that the House do now adjourn, and the motion was lost.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following resolution of the House, to-wit:
By Messrs. Palmour and Phillips of Hall-
House Resolution No. 44. A resolution providing that House Resolution No. 29-128b, declaring the 8th day of December to be a holiday, is hereby repealed, and for other purposes.
Under the regular order of business, the following bill of the House was again taken up for consideration:
By Mr. Zellner of Monroe-
House Bill No. 6. A bill to be entitled an Act to authorize cities and counties of a certain population to pass zoning and planning laws, and for other purposes.
By unanimous consent, further consideration of House Bill No.6 was postponed until Wednesday, December 8.

TUESDAY, DECEMBER 7, 1937.

267

Under the regular order of business, the following bill of the House was taken up for consideration and read the third time:
By Mr. Harrell of Brooks-
House Bill No. 22. A bill to be entitled an Act to amend an Act to provide rules of eligibility for applicants for disabled veterans' licenses, by adding a provision excluding holders of certificates of exemption who own or operate rolling stores from the exemptions from taxation; to define a rolling store; and for other purposes.
Mr. Sabados of Dougherty moved to table the bill.
Mr. Joel of Clarke moved that further consideration of the bill be indefinitely postponed, and the motion was lost.
On the motion to table, Mr. Joel of Clarke moved the ayes and nays, and the call was not sustained.
The motion to table was lost.
Mr. Parker of Colquitt moved that the House do now recess until 2:00 o'clock P. M. this afternoon, and the motion was lost.
Mr. Hart of Coweta moved to table the bill, and the motion was lost.
Mr. Houston of Worth moved the previous question, the motion prevailed, and the main question was ordered.
The following committee amendment was read and adopted:
Messrs. Campbell of Newton and Lanier of Richmond move to amend House Bill No. 22, Section 1, Paragraph 5a, by striking from lines 2 and 3 the following words "either by himself or."
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, Mr. Jones of Brantley moved the ayes and nays, and the call was sustained.
The roll call was ordered and the vote was as follows:

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JouRNAL OF THE HousE,

Those voting in the affirmative were Messrs:

Ansley Blease Bond Bradley Brewton Bridges Brooks of Jackson Brown of Greene Campbell Clark Clements Cogdell Corbett Croker Culpepper of Fayette Culpepper of Mitchell Davis DeFoor Douglass Edwards Elliott

Etheridge Evans Ferguson Fowler Freeman Gary
Gavin Groover Hand Harrell of Brooks Hayes Hill of Screven Hogg Houston Houze Jackson Jones of Bartow Kendrick Key Mankin Manry

Mcdracken Middleton Moore of Lumpkin Morgan Musgrove Patten Perry Pound Ragan Rees Rountree Simmons Smith of Henry Tate Wages Walton Ware Warnell Warnock Weaver Whitaker

Those voting in the negative were Messrs.:

Allison

Dukes

Bargeron

Durden

Barnard

Ennis

Barrett

Erwin

Batchelor

Field

Beck

Gammage

Booth

Goff

Brooks of Oglethorpe Grayson

Brown of Peach

Grubbs

Candler

Guyton

Carmichael of Cobb

Hampton

Carmichael of Randolph Harden

Clary

Harrell of Irwin

Claxton

Harrison

Cohen

Hart

Coleman

Herndon

Coxon

Herrin

Dampier

Hodges

Daves

Hollis

Deal

Holt

Drake

Horne

Drinkard

Joel

Dugas

Jones of Brantley

Jones of Jenkins Kirbo Lanier Larsen Lewallen Lewis McCravey McGehee McNall Milam Moore of Baldwin Moore of Haralson Moore of Taliaferro Newton Oden Parker Peters Phillips Pilcher Pirkle Preston of Bulloch Preston of Walton Reid of Carroll

TuESDAY, DECEMBER 7, 1937.

269

Sabados Salter Sams Sanders Saunders Scruggs Smith of Muscogee

Tapp Taunton Todd Thomas Trapnell Turner Vickery

Watkins Welsch Whaley Williams of .Tones Wilson Yeomans

Those not voting were Messrs.:

Adams Almand Barlow Bennett Chappell Cochran Daughtry Dean Dollar Dunn Ellington
Fitts Flanders Gross
Hamb~
Harris
Harve~
Hastings

Hendrix Hill of Clarke .Johnson .Tones of Dodge .Tones of Elbert Keel Lanham Leonard Marshall Martin Mavity McGraw Miller Morris Moss Mundi' Newby Palmour

Peebles Rawlins Reid of Wilcox Rowland Sapp Sartain Smith of Dodge Spence Striplin Sutton Swindle Trippe Wall Whipple Williams of Bacon Zellner Mr. Speaker

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

On the passage of the bill, as amended, the ayes were 63, the nays 89.

The bill having failed to receive the requisite constitutional majority was lost.

Mr. Coleman of Lowndes moved that the House do now adjourn, and the motion prevailed.

Leaves of absence were granted to Messrs. Middleton of Dade and Deal of Bulloch.

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

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JouRNAL OF THE HousE,

REPRESENTATIVE HALL, ATLANTA, GA.,

WEDNESDAY, DECEMBER 8, 1937.

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

Croker

Allison

Culpepper of Fayette

Almand

Culpepper of Mitchell

Ansley

Dampier

Bargeron

Daves

Barlow

Davis

Barnard

Dean

Barrett

DeFoor

Batchelor

Dollar

Beck

Douglass

Bennett

Drake

Blease

Drinkard

Bond

Dugas

Booth

Dukes

Bradley

Dunn

Brewton

Durden

Bridges

Edwards

Brooks of Jackson

Ellington

Brooks of Oglethorpe Elliott

Brown of Greene

Ennis

Brown of Peach

Erwin

Campbell

Etheridge

Candler

Evans

Carmichael of Cobb

Ferguson

Carmichael of Randolph Field

Clark

Fitts

Clary

Flanders

Claxton

Fowler

Clements

Freeman

Cochran

Gammage

Cogdell

Gary

Cohen

Gavin

Coleman

Goff

Corbett

Grayson

Coxon

Gross

Groover Grubbs GuYton Hamby Hampton Hand Harden Harrell of Brooks Harrell of Irwin Harris Harrison Hart Harvey Hastings Hayes Hendrix Herndon Herrin Hill of Clarke Hill of Screven Hodges Hogg Hollis Holt Home Houston Houze Jackson Joel Johnson Jones of Bartow Jones of Brantley Jones of Dodge Jones of Elbert Jones of Jenkins

WEDNESDAY, DECEMBER 8, 1937.

271

Keel Kendrick Key
Kirbo Lanham Lanier Larsen Leonard Lewallen Lewis Mankin Manry
Marshall Martin Mavity McCracken McOravey McGehee McGraw McNall Middleton Milam Miller Moore of Baldwin Moore of Haralson Moore of Lumpkin Moore of Taliaferro Morgan Morris Moss Mundy Musgrove

Newby Newton Oden Palmour Parker Patten Perry Peters Phillips Pilcher Pirkle Pound Preston of Bulloch Preston of Walton Ragan Rawlins
Rees
Reid of Oarroll Reid of Wilcox Rountree Rowland Sabados Salter
Sams
Sanders Sapp Sartain Saunders Scruggs Simmons Smith of Dodge Smith of Henry

Smith of Muscogee Spence Striplin Sutton Swindle Tapp Tate Taunton Todd Thomas Trapnell Trippe Turner Vickery Wall Wages Walton Ware Warnell Warnock Watkins Weaver Welsch Whaley Whipple Whitaker Williams of Bacon Williams of Jones Wilson Yeomans Zellner Mr. Speaker

Mr. Dampier of Laurens, Acting Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

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.

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JouRNAL 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 bills and resolutions.
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. Tapp of Gwinnett-
House Bill No. 205. A bill to be entitled an Act to create a new charter and Municipal Government for the City of Buford, and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Brewton of Evans, Bradley of Tattnall, Grayson of Chatham, Lanier of Richmond, and Deal of Bulloch-
House Bill No. 206. A bill to be entitled an Act to amend an Act authorizing the establishment of Farmers' Markets, by repealing the limitation upon the rtumber of markets which may be established under said Act, and for other purposes.
Referred to Committee on General Agriculture No.2.
By Messrs. Sabados and Durden of Dougherty and Hill of Screven-
House Bill No. 207. A bill to be entitled an Act to regulate the use of the public highways of the State of Georgia, and for other purposes.
Referred to Committee on Public Highways No. 1.
By Messrs. Harris and Milam of Spalding-
House Bill No. 208. A bill to be entitled an Act to amend an Act granting a charter for the City of Griffin, in Spalding County, and for other purposes.
Referred to Committee on Municipal Government.

WEDNESDAY, DECEMBER 8, 1937.

273

By Mr. Clary of Columbia-
House Bill No. 209. A bill to be entitled an Act to reduce the bond of the Sheriff of Columbia County from Five Thousand Dollars to Two Thousand Dollars, and for other purposes.
Referred to Committee on Special Judiciary.
By Messrs. Leonard of Muscogee, Lanier and Harris of Richmond, and Kendrick of Fulton-
House Bill No. 210. A bill to be entitled an Act to amend an Act of the General Assembly of 1937, known as the "Unemployment Compensation Law," and for other purposes.
Referred to Committee on Industrial Relations.
By Messrs. Kirbo and Simmons of Decatur-
House Bill No. 211. A bill to be entitled an Act to reduce the bond of the Sheriff of Decatur County from $10,000 to $5,000, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Yeomans of Wayne-
House Bill No. 212. A bill to be entitled an Act to amend an Act establishing the City Court of Jesup, in Wayne County, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Bridges of Early-
House Bill No. 213. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding a certain road in Early County, and for other purposes.
Referred to Committee on Public Highways No. 1.
By Mr. Ferguson of Sumter-
House Bill No. 214. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding a certain road in
Sumter County, and for other purposes.
Referred to Committee on Public Highways No.2.

274

JouRNAL oF THE HousE,

By Mr. Reid of Wilcox-
House Bill No. 215. A hill to be entitled an Act to provide for the holding of three terms a year of the Superior Court of Wilcox County, and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Herndon of Hart-
House Bill No. 216. A bill to be entitled an Act to amend an Act creating the office of Tax Commissioner for the County of Hart, by increasing the salary of said Tax Commissioner, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Field of Whitfield-
House Resolution No. 46-216a. A resolution proposing to the qualified voters of Georgia for ratification or rejection an amendment to the Constitution of Georgia in reference to exemption from all ad valorem taxation, except special assessments and taxation, for any existing bonded indebtedness, and for other purposes.
Referred to Committee on Amendments to Constitution No. 1.
By Messrs. Douglass of Talbot and Oden of Pierce--
House Bill No. 217. A bill to be entitled an Act to amend Title 84 ("Professions, Businesses and Trades") of the Code of 1933, by providing as to the regulation, license, and registration of business of drug stores and pharmacies, and for other purposes.
Referred to Committee on State of Republic.
By Messrs. Evans of McDuffie, Brown of Peach, Blease of Brooks, DeFoor of Mcintosh, Rowland of Johnson, and Taunton of Taylor-
House Bill No. 218. A hill to he entitled an Act to amend an Act entitled "An Act to create a Department of Public Safety for Georgia," and for other P.urposes.
Referred to Committee on Public Highways No. 1.

WEDNESDAY, DECEMBER 8, 1937.

275

By Messrs. Evans of McDuffie, Brown of Peach, DeFoor of Mcintosh, Morgan of Troup, Rowland of Johnson, and Drinkard of Lincoln-
House Bill No. 219. A bill to be entitled an Act to repeal an Act entitled "An Act to declare the necessity of establishing soil conservation districts," and for other purposes.
Referred to Committee on State of Republic.
By Messrs. Elliott, Smith, and Leonard of Muscogee-
House Bill No. 220. A bill to be entitled an Act to amend an Act of 1918, amending the charter of the City of Columbus, in Muscogee County, and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Lanier of Richmond, Harvey of Upson, and Davis of Floyd-
House Bill No. 221. A bill to be entitled an Act to amend an Act entitled "An Act requiring a license for the opening, operating, and maintenance of a store or a chain of stores," and for other purposes.
Referred to Committee on Ways and Means.
By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton-
House Bill No. 222. A bill to be entitled an Act to amend an Act entitled "An Act to repeal all laws, and amendments to laws heretofore passed, incorporating the City of Manchester; to provide for incorporating said City under the name of College Park"; and for other purposes.
Referred to Committee on Municipal Government.
By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton-
House Bill No. 223. A bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, and for other purposes.
Referred to Committee on Municipal Government.

276

JouRNAL oF THE HousE,

By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton-
House Bill No. 224. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding certain mileage in Fulton County, and for other purposes.
Referred to Committee on Public Highways No.2.
By Mr. Clary of Columbia-
House Bill No. 225. A bill to be entitled an Act authorizing and directing the State Librarian to furnish to certain counties of this State copies of Park's Annotated Code of 1933, and for other purposes.
Referred to Committee on Public Library.
By Mr. Hill of Screven-
House Bill No. 226. A bill to be entitled an Act to amend the Code of 1933, which authorizes and empowers the Governor and the Comptroller General to levy and assess annually ad valorem taxes, limiting rate to a maximum of one mill, and for other purposes.
Referred to Committee on Ways and Means.
By Messrs. Houston and Perry of Worth-
House Resolution No. 47-226a. A resolution to relieve A. T. Simerley as surety on the bond of Fred Hayes, and for other purposes.
Referred to Committee on Special Judiciary.
By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton-
House Bill No. 227. A bill to be entitled an Act to authorize the Board of Commissioners of Roads and Revenues of Fulton County to create and establish restricted zones or districts, and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Jones of Brantley-
Hause Bill No. 228. A bill to be entitled an Act to change from the fee to the salary system in certain counties in Georgia,

WEDNESDAY, DECEMBER 8, 1937.

277

the Clerk of the Superior Court, the Sheriff and the Ordinary, and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Whipple of Bleckley, Key of Jasper, Lanham and Davis of Floyd, and Ferguson of Sumter-
House Bill No. 229. A bill to be entitled an Act to amend the Malt Beverage Act of 1935, and Acts amendatory thereof, providing for the licensing of the business of manufacturing and dealing in malt beverages and imposing excise taxes thereon, and for other purposes.
Referred to Committee on Education No. 1.
Mr. Fowler of Treutlen 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. 103. Do pass.
Respectfully submitted, FowLER of Treutlen, Chairman.
Mr. Brown of Greene 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 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. 187. Do pass. House Bill No. 197. Do pass. House Resolution No. 41-194a. Do pass.
Respectfully submitted, BROWN of Greene, Chairman.

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Mr. Sartain of Walker County, Chairman of the Committee on Engrossing, submitted the following report:
Mr. Speaker:
Your Committee on Engrossing has examined, found properly engrossed, and ready for transmission to the Senate, the following bills of the House and Senate, to-wit:
House Bills Nos. 168, 169. Senate Bills Nos. 6, 1.
Respectfully submitted, SARTAIN of Walker, Chairman.
Mr. Groover of Troup County, Chairman of the Committee on Enrolling, submitted the following report:
Mr. Speaker:
Your Committee on Enrolling has examined, found properly enrolled, and ready for transmission to the Governor, the following bill of the House, ta-wit:
House Bill No. 24.
Respectfully submitted, GRoOVER of Troup, Chairman.
Mr. Houze of Lowndes County, Acting 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 and resolutions of the House and have instructed me, as Acting Chairman, to report the same back to the House with the following recommendations:
House Bill No. 61. Do pass. House Resolution No. 36. Do not pass. House Bill No. 122. Do pass.
Respectfully submitted, HouzE of Lowndes, Acting Chairman.

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279

Mr. Zellner of Monroe 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 with the following recommendation:
House Bill No. 124. Do pass.
Respectfully submitted,
ZELLNER of Monroe, Chairman.
Mr. Candler of DeKalb County, Chairman of the Committee on Insurance, submitted the following report:
Mr. Speaker:
Your Committee on Insurance 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. 54. Do pass.
House Bill No. 78. Do pass.
Respectfully submitted,
CANDLER of DeKalb, Chairman.
Mr. Gammage of Terrell County, Vice-Chairman of the Committee on Military Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Military Affairs have had under consideration the following bill of the House and have instructed me, as Vice-Chairman, to report the same back to the House with the following recommendation:
House Bill No. 203. Do pass, as amended.
Respectfully submitted,
GAMMAGE of Terrell, Vice-Chairman.

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Mr. Pound of Hancock 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 of the House and have instructed me, as Chairman, to report the same hack to the House with the following recommendations:
House Bill No. 171. Do pass.
House Bill No. 174. Do pass.
House Bill No. 182. Do pass.
House Bill No. 184. Do pass.
House Bill No. 185. Do pass.
House Bill No. 186. Do pass.
House Bill No. 199. Do pass.
Respectfully submitted, PouND of Hancock, Chairman.
Mr. Adams of Franklin County, Chairman of the Committee on Public Library, submitted the following report:
Mr. Speaker: Your Committee on Public Library have had under consider-
ation 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. 26-103b. Do pass.
Respectfully submitted,
ADAMS of Franklin, Chairman.
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 con-

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281

sideration 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. 20. Do pass.
Respectfully submitted,
MRs. CoxoN of Long, Chairman.
Mr. Houston of Worth County, Chairman of the Committee on Special Appropriations, submitted the following report:
Mr. Speaker:
Your Committee on Special Appropriations have had under consideration the following bills of the House and have instructed me, as Chairman, to report the same back to the House with the following recommendations:
House Bill No. 125. Do pass. House Bill No. 112. Do pass.
Respectfully submitted,
HousToN of Worth, Chairman.
Mr. Coleman ofLown:des 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 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. 2. Do pass, by substitute.
Respectfully submitted,
CoLEMAN of Lowndes, Chairman.
Mr. Coleman 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 con-

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sideration 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. 201. Do pass.
Respectfully submitted,
CoLEMAN of Lowndes, Chairman.
Mr. Freeman of Bibb 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. 43. Do not pass.
Respectfully submitted,
FREEMAN of Bibb, Chairman.
By unanimous consent, the following bills and resolutions of the House and Senate, favorably reported, were read the second time:
By Senators Spivey of the 16th District, Atkinson of the 1st District, Pope of the 7th District, and Purdom of the 46th District-
Senate Bill No. 2. A bill to be entitled an Act to provide for exemption of certain homesteads from taxation, and for other purposes.
By Messrs. Lewis and Bargeron of Burke-
House Resolution No. 20. A resolution for the appointment of a committee from the House to investigate certain affairs of the State Department of Public Welfare in regard to aid to dependent children, and for other purposes.
By Mr. Jones of Elbert-
House Bill No. 54. A bill to be entitled an Act to regulate the

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283

business of industrial life insurance companies m the State of Georgia, and for other purposes.
By Mr. DeFoor of Mcintosh-
House Bill No. 61. A bill to be entitled an Act to amend Section 45-308, Chapter 45-3 of the Code of Georgia, 1933, making it unlawful to hunt, kill or possess marsh hens in counties having a population of not less than 5,758 and not more than 5,768, and for other purposes.
By Mr. Simmons of Decatur-
House Bill No. 78. A bill to be entitled an Act to amend Section 56-224, Georgia Code of 1933, so as to permit insurance companies to invest in securities insured by the Federal Savings & Loan Insurance Corporation, and for other purposes.
By Mr. Key of Jasper-
House Bill No. 103. A bill to be entitled an Act creating a revolving State Park Development Fund, and for other purposes.
By Mr. Morris of Douglas-
House Resolution No. 26-103b. A resolution asking that certain law books be furnished the library of Douglas County, and for other purposes.
By Mr. Preston of Bulloch-
Hause Bill No. 112. A bill to be entitled an Act to make appropriation for the operation and maintenance of the State Licensing Board for Contractors; suspending operation of Act providing payment of revenue collected by said Board to State Treasury; and for other purposes.
By Messrs. DeFoor of Mcintosh, Hodges of Liberty, and Cohen of Chatham-
House Bill No. 122. A bill to be entitled an Act amending Section 45-210, Georgia Code, 1933, relating to fees levied on commercial fishing boats, and providing for additional license fee on all aliens or non-residents of the State of Georgia, and for other purposes.

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By Messrs. Holt of Appling, Cochran of Thomas, Martin of Jeff Davis, Walton of Stewart, Brown of Peach, Ferguson of Sumter, and Daves of Dooly-
House Bill No. 124. A bill to be entitled an Act to amend an Act to revise the health laws of the State of Georgia; to provide for a State Board of Health, County Board of Health, and district commissioners; and for other purposes.
By Messrs. Parker of Colquitt and Edwards of Thomas-
House Bill No. 125. A bill to be entitled an Act reimbursing Hon. J. F. Singletary, Clerk of Thomas Superior Court, in the amount of $4,790.99, for losses incurred, and for other purposes.
By Mr. DeFoor of Mcintosh-
House Bill No. 171. A bill to be entitled an Act to amend an Act entitled "Highway Mileage" in the Acts of General Assembly of Georgia, pages 260-268, inclusive, of year 1929, and including map made a part thereof, so as to add road leading from Allenhurst on State Highway No. 38 in Liberty County to a point on the Coastal Highway between Eulonia and Darien in Mcintosh County, and for other purposes.
By Messrs. Musgrove of Clinch and Herrin of Echols-
Hause Bill No. 174. A bill to be entitled an Act to amend an Act known as "Highway Mileage," and for other purposes.
By Messrs. Hart and Sanders of Coweta-
House Bill No. 184. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," as same appears in TraylorNeill Bill and map of 1929, pages 260-268, so as to add road beginning at the intersection of the McCollum Road and State Road No. 14, Newnan to Atlanta in Coweta County and connecting with State Road No. 16, and for other purposes.
By Messrs. Hart and Sanders of Coweta-
House Bill No. 185. A bill to be entitled an Act to amend an Act entitled "Highway Mileage" as appears in the Acts of Georgia Legislature of 1929, pages 260-268, said Act being TraylorNeill Bill, so as to add a road beginning at the intersection of the

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285

Upper and Lower Road and State Road No. 54 in Coweta County, Georgia, East of Newnan, near Coweta-Fayette County line, and for other purposes.
By Messrs. Grayson, MeNall, and Cohen of Chatham-
House Bill No. 186. A bill to be entitled an Act to amend an A~t entitled "Highway Mileage," by adding a certain road in Chatham County, and for other purposes.
By Messrs. Hampton of Fannin, Ellington of Gilmer, and McCravey of Union-
House Bill No. 182. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding a certain road in Gilmer, Fannin, and Union Counties, and for other purposes.
By Messrs. Carmichael and Welsch of Cobb-
House Bill No. 187. A bill to be entitled an Act to amend an Act which creates the office of Commissioner of Roads and Revenues of Cobb County by granting power to the Commissioner to pass zoning ordinances, and for other purposes.
By Messrs. Ellington of Gilmer, Hampton of Fannin, and McCravey of Union-
House Resolution No. 41-194a. A resolution to authorize and direct the Governor to contract with Tennessee Copper Company in respect to litigation pending in the Supreme Court of the United States, and for other purposes.
By Messrs. Sams, Candler, and Turner of DeKalb, Elliott of Muscogee, and Carmichael of Cobb-
House Bill No. 197. A bill to be entitled an Act to prohibit employment or payment of tax ferrets on a commission basis for seeking out unreturned taxable property, and for other purposes.
By Messrs. Candler, Sams, and Turner of DeKalb-
House Bill No. 199. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding a certain road in Fulton County, now known as Fair Street, and for other purposes.
By Messrs. Larsen and Dampier of Laurens-
House Bill No. 201. A bill to be entitled an Act amending an

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Act creating a new charter for the City of Dublin, and for other purposes.
By Mr. Cogdell of Glynn-
House Bill No. 203. A bill to be entitled an Act amending an Act relating to the National Guard of Georgia, and for other purposes.
By unanimous consent, the following bills of the House were . read the third time and placed upon their passage:
By Messrs. Candler, Sams, and Turner of DeKalb-
House Bill No. 128. A bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Decatur, 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 103, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Yeomans of Wayne--
House Bill No. 159. A bill to be entitled an Act to repeal ~n Act to create a charter for the City of Jesup, a:nd 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, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Sams, Candler, and Turner of DeKalb-
House Bill No. 167. A bill to be entitled an Act to create and establish a charter for the City of Pine Lake, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

WEDNESDAY, DECEMBER 8, 1937.

287

On the passage of the bill, the ayes were 106, the nays 0.
The hill having received the requisite constitutional majority was passed.
By Mr. Reid of Wilcox-
House Bill No. 173. A bill to be entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenues in and for the County of Wilcox, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the hill, the ayes were 106, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Smith of Henry-
House Bill No. 175. A hill to be entitled an Act to amend an Act amending the charter of the City of McDonough, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Smith of Henry-
House Bill No. 176. A hill to be entitled an Act to amend an Act amending the charter of the Town of McDonough, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the hill, the ayes were 109, the nays 0.

The hill having received the requisite constitutional majority was passed.

288

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By Mr. Holt of Appling-
House Bill No. 178. A bill tol:>e entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues in :;tnd for the County of Appling, 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, the nays 0.
The bill having received the requisite constitutional majority was passed.
By unanimous consent, the following bills of the Senate were read the first time and referred to the committees:
By Senator Brock of the 37th District-
Senate Bill No. 14. A bill to be entitled an Act amending the charter of the City of Carrollton, and for other purposes.
Referred to Committee on Municipal Government.
By Senator McKenzie of the 48th District-
Senate Bill No. 21. A bill to beentitled an Act to amend the charter of the City of Cordele, and for other purposes.
Referred to Committee on Municipal Government.
By Senator Shedd of the 3rd District-
Senate Bill No. 23. A bill to be entitled an Act to repeal an Act incorporating the City of Jesup, and for other purposes.
Referred to Committee on Municipal Government.
By Senator Shedd of the 3rd District-
Senate Bill No. 24. A bill to be entitled an Act to create a new charter for the City of Jesup, and for other purposes.
Referred to Committee on Municipal Government.
Mr. Booth of Barrow requested that the following bill of the House be placed on the calendar for the purpose of considering the unfavorable report of the committee:

WEDNESDAY, DECEMBER 8, 1937.

289

By Mr. Booth of Barrow-
House Bill No. 43. A bill to be entitled an Act to require a tax paid crown on all soft drinks and bottled carbonated or sparkling water in this State, and for other purposes.
By unanimous consent, the following bill of the House was withdrawn from the Committee on Appropriations and recommitted to the Committee on Special Appropriations:
By Messrs. Candler, Sams, and Turner of DeKalb-
House Bill No. 198. A bill to be entitled an Act to pay to
C. J. Metz and The Audit Company of the South, a certain sum
of money, and for other purposes.
By unanimous consent, the following bill of the House was recommitted to the Committee on Public Highways No. 1.:
By Messrs. McCravey of Union, Moss of Gordon, Brown of Peach, Newby of Twiggs, Rees of Webster, Dukes and Scruggs of Washington, and many others-
House Bill No. 111. A bill to be entitled an Act to amend the Code of Georgia of 1933, in reference to the distribution of funds collected under the Motor Fuel Tax Law, and for other purposes.
Mr. Barrett of Richmond moved to take the following resOlution of the House from the table:
By Mr. Dugas of White-
House Resolution No. 43. A resolution to invite the exgovernors of the State of Georgia to address the members of the General Assembly, and for other purposes.
The motion to take the resolution from the table was lost.
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 resolution of the Senate and House, to-wit:
By Senators Shedd of the 3rd District, Knabb of the 4th Dis-

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trict, Williams of the 5th District, Sikes of the 49th District, and Atwood of the 2nd District-
Senate Bill No. 4. A bill to validate the incorporation of Timber Protective Associations, to amend Code Section 22-413 so as to provide for the incorp~ration of Timber Protective Associations, and for other purposes.
By Senator Chason of the 8th District-
Senate Resolution No. 11. A resolution amending the Constitution by allowing certain Counties to levy taxes for the purpose of furnishing medical care for the indigent sick people, and for other purposes.
By Messrs. Cohen, Grayson, and MeNall of Chatham-
House Bi:ll No. 12. A bill amending the Acts incorporating the Town of Thunderbolt in Chatham County, and for other purposes.
By Mr. Cogdell of Glynn-
House Bill No. 35. A bill to amend the charter of the City of Brunswick, and for other purposes.
By Mr. Whipple of Bleckley-
House Bill No. 63. A bill amending an Act creating a new charter of the Town of Cochran, and for other purposes.
Under the regular order of business, the following bill of the House was again taken up for consideration:
By Mr. Zellner of Monroe-
House Bill No. 6. A bill to be entitled an Act to authorize cities and counties having a certain population to pass zoning and planning laws, and for other purposes.
Mr. Key of Jasper moved the previous question, the motion prevailed, and the main question was ordered.
An amendment offered by Mr. Jones of Bartow was read and adopted.
An amendment offered by Mr. Bradley of Tattnall was read and adopted.

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291

Mr. Harrell of Brooks moved to table the bill.
On the motion to table, the ayes were 86, the nays 32.
The motion prevailed, and the bill was tabled.
Under the regular order of business, the following resolutions of the House were taken up for the purpose of considering the unfavorable report of the committee:
By Messrs. Evans of McDuffie, Weaver of Bibb, Brown of Peach, Blease of Brooks, DeFoor of Mcintosh, Guyton of Effingham, and many others-
House Resolution No. 9-13c. A resolution proposing an amendment to the Rules of the House, providing that Senate amendments to House Bills and Conference Committee Reports can be adopted only by a vote of a majority of all members elected to the House, and for other purposes.
On the question of agreeing to the unfavorable report of the committee, the ayes were 42, the nays 83.
The unfavorable report of the committee was disagreed to, the resolution was read a second time, and placed at the foot of the general calendar-to follow House Bill No. 177.
By Messrs. Evans of McDuffie, Weaver of Bibb, Brown of Peach, Blease of Brooks, DeFoor of Mcintosh, Guyton of Effingham, and many others-
House Resolution No. 1Q-13d. A resolution to amend the Rules of the House in reference to the adoption of Conference Committee Reports, and for other purposes.
The unfavorable report of the committee was agreed to, and the resolution was lost.
By Messrs. Evans of McDuffie, Weaver of Bibb, Brown of Peach, Blease of Brooks, DeFoor of Mcintosh, Guyton of Effingham, and many others-
House Resolution No. 11-13e. A resolution to amend the Rules of the House in reference to substitute bills, and for other purposes.

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The unfavorable report of the committee was agreed to, and the resolution was lost.
Under the regular order of business, the following bill of the House was again taken up for consideration and read the third time:
By Mr. Parker of Colquitt-
House Bill No. 25. A bill to be entitled an Act to define a building and loan or savings and loan association, and for other purposes.
The following committee substitute to House Bill No. 25 was read:
By the Committee:
An Act to define a building and loan or a savings and loan association and to fix the privileges and immunities of such state chartered associations and Federal savings and loan associations and their officers; to define the terms "shares" and "redemption value"; to give to the Secretary of State general supervision and control over all state chartered associations; to prescribe for written reports by state chartered associations to the Secretary of State; to authorize the Secretary of State to examine, or cause to be examined, every state chartered association under certain conditions and, for such purpose, to give to the Secretary of State access to books and papers of state chartered associations and to require and compel the production of records or other documents; to regulate the granting of new charters to state chartered associations and amendments to charters; to empower the Secretary of State to apply for a receiver of a state chartered association under certain conditions, to provide the procedure therefor, and to prohibit the appointment of a receiver on the petition of any person other than the Secretary of State under certain conditions; to empower the Secretary of State to make re!:lsonable rules and regulations governing the operation of state chartered associations; to provide a scale of fees and charges to be paid by state chartered associations to the Secretary of State and to provide for enforcement of the collection thereof; to provide limitation on use of the terms "savings and loan" and "build-

WEDNESDAY, DECEMBER 8, 1937.

293

ing and loan" or any combination thereof and to provide a penalty for the violation thereof; to provide a lien upon all shares owned by a borrower for indebtedness due state chartered associations and Federal savings and loan associations and to provide a method of enforcement of such lien; to provide the means and procedure for and the legal effect of the conversion of a state chartered association into a Federal savings and loan association and to provide ratification and confirmation of all such previous conversions under certain conditions; to provide the means and procedure for and the legal effect of a conversion by a Federal savings and loan association into a state chartered association; to define the taxes to which a state chartered association and a Federal savings and loan association are subject; to exempt state chartered associations from the operation of laws regulating the sale of securities; to provide who shall be qualified to take the acknowledgment of or to witness any instrument in which a state chartered association or a Federal savings and loan association is interested and to validate certain acknowledgments and attestations heretofore taken; to provide for reception and disposition by state chartered associations and Federal savings and loan associations of investment of funds in shares by minors, joint owners, and fiduciaries; to make the shares of state chartered associations and Federal savings and loan associations legal investments for the funds of certain fiduciaries and corporations; to provide a method of paying the redemption value of shares of deceased members of state chartered associations and Federal savings and loan associations; to provide a penalty for the publication or circulation, either orally or otherwise, of any false statement concerning the financial condition of a state chartered association or Federal savings and loan association; and for other purposes.
Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, as follows:
Section 1. This Act may be cited as "The Building and Loan Act."
Sec. 2. Be it further enacted by the authority aforesaid, that a building and loan association, or a savings and_loan association,

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hereinafter in this Act referred to as a state chartered association shall be defined as a local mutual institution chartered under the laws of the State of Georgia, without capital stock, which does not receive deposits, but which derives the greater portion of its capital from the sale of its shares and which lends the greater portion of its invested funds on the security of first liens on homes and on the security of first liens on its own shares.
A state chartered association is local if its investment in home loans is limited to loans on the security of a first lien on real estate located in the county of its incorporation and abutting counties, provided that no loans are made on the security of real estate located in abutting counties more than twenty miles from such association's home office. A state chartered association is mutual if all holders of any shares in such association, such holders being hereinafter referred to as members, participate in the income to such association and if all borrowers are privileged to vote at least one vote at any meeting of members, it being unnecessary that any borrower should subscribe to or purchase any shares or should be entitled to participate in any way in the income to such association. All state chartered associations operating pursuant to the definition as set forth in this section and all Federal savings and loan associations are hereby declared to be local and mutual building and loan associations organized as a civic undertaking, not for financial gain within the meaning of the existing statutes of this state and the decisions of the Appellate Courts of this state, and, as such, said associations and their officers are entitled to all the privileges and immunities of such associations.
Sec. 3. The term "shares" as used in this Act shall include any evidence of interest of a member in a state chartered association or a Federal savings and loan association issued pursuant to, and subject to the provisions of the charter and bylaws of such association.
Sec. 4. The term "redemption value" as contained in this Act means the amount of money payable at any given time by a state chartered association or a Federal savings and loan association in exchange for or in repurchase or redemption of any shares issued by such association, all rights of members concerning said redemption value, where not specifically covered in this Act,

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295

being fixed by the share itself, the charter and by-laws of such association.
Sec. 5. The Secretary of State shall have general supervision and control over all state chartered associations. On or before sixty days from the end of each fiscal year, every state chartered association shall make an annual written report to the Secretary of State, upon a form to be prescribed and furnished by the Secretary of State, of its affairs and operations for the preceding fiscal year. Every state chartered association shall also make such other reports as the Secretary of State may from time to time require. The Secretary of State shall at least once in each year, without previous notice, examine, or cause an examination to be made into the affairs of every state chartered association, and at such other times whenever in the judgment of the Secretary of State the condition of a state chartered association renders it necessary or expedient to make an extra examination. Copies of all such examinations or reports shall be delivered as soon as possible by the Secretary of State to an officer of the state chartered association. In lieu of such examination, the Secretary of State may accept an examination made by a Federal Home Loan Bank, the Federal Home Loan Bank Board, or the Federal Savings & Loan Insurance Corporation, or any certified public accountant. The Secretary of State, his examiners, or auditors, shall have free access to all books and papers of a state chartered association which relate to its business and may require and compel the production of records, books, papers, contracts, or other documents, by court order, if not voluntarily produced.
Sec. 6. No court in this state shall hereafter grant any new charters to any state chartered association nor any renewals or amendments to any existing charters of any state chartered association without the prior written approval of the Secretary of State. Any new charter or any renewals of, or amendments to, any existing charters, granted in the future without such prior written approval shall be null and void.
Sec. 7. a. Whenever any state chartered association (a) is insolvent, (h) or has unlawfully refused to submit its books, papers, accounts, or affairs, to the reasonable inspection of the Secretary of State or his examiner, (c) or has willfully violated any lawful rule or regulation of the Secretary of State, (d) or is

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found after an examination to be in such condition that its further transaction of business will be hazardous to its members, or to its creditors, or to the public, (e) or has willfully violated its charter or any law of this state, the Secretary of State, the Attorney-General representing him, may apply to the Superior Court, or any Judge thereof, in any judicial circuit in which the state chartered association is chartered, for an order directing such state chartered association to show cause why a receiver should not take possession of its property, liquidate the business, and have such other relief as the nature of the case, the interest of its members, creditors, or the public may require. On such application, or at any time thereafter, said court may, in its discretion, issue an injunction restraining such state chartered association from the transaction of its affairs or the disposition of its property until the further order of the court. On the return of such order to show cause, the court shall hear, try and determine the issues forthwith and shall either deny the application or appoint a receiver to take possession of all the property of the state chartered association and liquidate the business of such state chartered association under the guidance and discretion of the court.
b. No receiver for a state chartered association shall be appointed on the petition of any person other than the Secretary of State where the petition is based upon any claim or demand not in judgment.
Sec. 8. The Secretary of State may make all such reasonable rules and regulations governing the operation of state chartered associations, provided the same are not in conflict with any of the provisions of this Act; such rules and regulations shall provide reasonable bonds for all officers and employees of state chartered associations handling monies; reasonable limitations on the type of real estate on which funds may be loaned. and the percentage of value to be loaned; and the Secretary of State shall have power to make all such other reasonable rules and regulations as may be necessary or proper to the protection of all funds invested by the public in the state chartered associations.
Sec. 9. Every state chartered association shall annually at the time of filing its annual report to the Secretary of State pay

WEDNESDAY, DECEMBER 8, 1937.

297

to the said Secretary of State a fee of $25.00 for each $500,000.00 of assets, or fraction thereof, as shown by the statement of such association as of December 31st, of the preceding year. In addition thereto, the Secretary of State shall charge for each application for written approval in accordance with Section 6 of this Act in the case of new charters a fee of $50.00, and in the case of renewals or amendments to any existing charters a fee of $25.00. For each examination of a state chartered association, pursuant to the provisions of Section 5 of this Act, the Secretary of State shall charge a fee according to the following scale:
Where the assets are less than $150,000.00, $25.00.
Where the total assets are more than-
$150,000.00 and not exceeding $ 300,000.00, $ 40.00;
$300,000.00 and not exceeding $ 500,000.00, $ 50.00;
$500,000.00 and not exceeding $ 750,000.00, $ 85.00;
$750,000.00 and not exceeding $1,000,000.00, $125.00.
The Secretary of State shall charge each state chartered association with assets over $1,000,000.00 a fee for each such examination of $125.00, plus $35.00 for each $500,000.00 of assets, or fraction thereof over $1,000,000.00. In the event any state chartered association should fail or refuse to pay on demand the amount herein fixed as fees, the Secretary of State shall forthwith issue an execution in the name of the state against such state chartered association for the amount of such fees, which shall be enforced in like manner as executions issued by the Superior Courts upon judgments rendered by them.
Sec. 10. No person, firm, company, association, co-partnership, or corporation, either domestic or foreign, unless it is operating pursuant to the provisions of this Act, or under the provisions of Home Owners' Loan Act of 1933, of the Congress of the United States, and is actually engaged in carrying on a building and loan, or savings and loan business in this state under the provisions of this Act, or under the provisions of the Home Owners' Loan Act of 1933 of the Congress of the United States, shall hereafter transact business under any name or title which contains the terms "savings and loan," and/or "building and loan," or combination of the words used in said phrases, nor use

298

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any sign, or use any letter head, or bill head, circular, or paper of any kind, or advertise in any manner which indicates that his or its business is the character or kind of business carried on or transacted by a building and loan, or savings and loan association, as contemplated in this Act, or which is likely to lead the public to believe that his or its business is that of a building and loan, or savings and loan association, and the violation of this provision of this Act shall be a misdemeanor and shall be punished as provided in Section 27-2506 of the Code of Georgia, 1933; provided, however, that any corporation heretofore chartered, the name of which shall conflict with the provisions of this Section shall have a period of six months after the passage of this Act within which to amend its charter and change its name so as not to conflict with the provisions of this Sectio~.
Sec. 11. To secure loans, state chartered associations and Federal savings and loan associations, shall have a lien without further agreement or pledge, upon all shares owned by a borrower and upon default upon any loan, such associations may, without notice to or consent of the borrower, cancel on its books the amount outst~nding to the credit of the borrower on his shares and apply such amount in payment on account of the loan.
Sec. 12. a. Any state chartered association or corporation of this state, doing a home financing business, may convert itself into a Federal savings and loan association in accordance with the provisions of Section 5 of the Home Owners' Loan Act of 1933, of the Congress of the United States, as now or hereafter amended, upon a vote of fifty-one per cent. or more of the votes of the members cast at an annual meeting, or at any special meeting called to consider such action.
Upon the conversion of any state chartered association into a Federal savings and loan association, the corporate existence of such association shall not terminate, but such Federal association shall be deemed to be a continuation of the entity of the state chartered association so converted and all property of the converted state chartered association, including its rights, titles and interests in and to all property of whatsoever kind, whether real, personal or mixed, and choses in action and every right, privilege, interest and asset of any conceivable value, or benefit, then

WEDNESDAY, DECEMBER 8, 1937.

299

existing or pertaining to it, or, which inure to it, shall immediately by act of law and without any conveyance or transfer and without any further act or deed, remain and be vested in and continue to be the property of such Federal association into which the state chartered association has converted itself, and such Federal association shall have, hold and enjoy the same in its own right as fully and to the same extent as the same was possessed, held and enjoyed by the converting state chartered association, and such Federal association, as of the time of the taking effect of such conversion shall continue to have and succeed to all of the rights, obligations and relations of the converting state chartered association. All pending actions and other judicial proceedings to which the converting state chartered association is a party shall not be deemed to have abated or to have discontinued by reason of such conversion, but may be prosecuted to final judgment, order or decree in the same manner as if such conversion into such Federal association had not been made and such Federal association resulting from such conversion may continue such action in its corporate name as a Federal association, and any judgment, order or decree may be rendered for or against the converting state chartered association theretofore involved in such judicial proceedings.
Any state chartered association or corporation, which has heretofore converted itself into a Federal savings and loan associ~tion under the provisions of the Home Owners' Loan Act of 1933, of the Congress of the United States, and has received a charter from the Federal Home Loan Bank Board, shall hereafter be recognized as a Federal savings and loan association and its Federal charter shall be given full credence by the courts of this state and to the same extent as if such conversion had taken place under the provisions of this Section. All such conversions are hereby ratified and confirmed and all of the obligations of such a state chartered association which has so converted shall continue as valid and subsisting obligations of such Federal savings and loan association and the title to all of the property of such state chartered association shall be deemed to have continued and vested, as of the date of the issuance of such Federal charter, in such Federal savings and loan association, as fully and completely as if such conversion had taken place since the enactment of this Act pursuant to this Section.

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b. Any Federal savings and loan association may convert itself into a state chartered association under this Act upon a vote of 51 per cent. or more of the votes of members of such Federal savings and loan association cost at an annual meeting, or at any special meeting called to consider such action.
All of the provisions regarding property and other rights contained in the second paragraph of subsection (a) of this Section shall apply, in reverse order, to the conversion of a Federal savings and loan association into a state chartered association operating under this Act, so that the state chartered association shall be a continuation of the corporate entity of the converting Federal association and continue to have all of its property and rights.
Sec. 13. No state chartered association, as defined by this Act, shall be assessed or subjected to taxation by the state, any county, municipality or other political subdivision taxing au~ thority, on its franchise, capital, reserves, surplus, loans, shares, or accounts; except that any real property and any tangible personal property not hereinbefore specifically mentioned, which may be owned by it, shall be subject to taxation to the same extent, according to its value, as all other real and tangible personal property is taxed. The foregoing Section shall also apply to all Federal savings and loan associations with a home office located within this state.
Sec. 14. The sale of shares of any state chartered association subject to the provisions of this Act are hereby exempted from all provisions of law of this state.which provide for the supervision and the regulation of the sale of such securities, and the sale of any such shares shall be legal without any action or approval whatsoever on the part of any official authorized to license, regulate, and supervise the sale of securities.
Sec. 15. No notary public or other public officer shall be disqualified from taking the acknowledgment of or witnessing any instrument, in writing, in which a state chartered association or a Federal savings and loan association is interested, by reason of his holding an office in or being a member of, or being pecuniarily interested in or employed by such association so interested, and any such acknowledgments, or attestations heretofore taken are hereby validated.

WEDNESDAY, DECEMBER 8, 1937.

301

Sec. 16. a. A minor shall be allowed to invest in shares of a state chartered association or a Federal savings and loan association in his own name, and the shares and their redemption value shall not be subject to the control of his parent, guardian, or trustee, and a receipt or acquittance signed by a minor, who holds any shares, shall be a valid and sufficient release and discharge of a state chartered association or a Federal savings and loan association for any payment of any shares, or delivery of rights, to such minor.
b. A state chartered association, or a Federal savings and loan association, may issue shares in the joint names of two or more persons, or their survivor, in which event any of such persons, who shall first act shall have power to act in all matters related to the shares, whether the other person or persons named in such shares be living or not. The redemption value of any share issued in joint names and dividends thereon, or other rights, relating thereto, may be paid or delivered, in whole or in part, to any such persons, who shall first act, whether the other person or persons be living or not. The payment or delivery to any such person or a receipt or acquittance signed by any such person, to whom any such payment, or any such delivery of rights, is made, shall be a valid and sufficient release and discharge of a state chartered association or Federal savings and loan association for the payment or delivery so made.
c. A state chartered association, or a Federal savings and loan association, may issue shares in the name of an administrator, executor, guardian, trustees or other fiduciary, in trust, for a named or an unnamed beneficiary or beneficiaries. Any such fiduciary shall have power to vote as a member as though the shares were held absolutely, to make payments upon and to apply for and receive the redemption value of such shares, in whole or in part. The redemption value of any such shares, and dividends thereon, or other rights relating thereto, may be paid or delivered, in whole or in part, to such fiduciary without regard to any notice to the contrary so long as such fiduciary is living. The payment or delivery to any such fiduciary or a receipt or acquittance signed by any such fiduciary, to whom any such payment, or any such delivery of rights, is made, shall be a valid and sufficient release and discharge of a state chartered association or a Federal

302

JouRNAL OF THE HousE,

savings and loan association for the payment or delivery so made.
d. Shares of a state chartered association and of a Federal savings and loan association shall be legal investments for the funds of administrators, executors, guardians, trustees, and other fiduciaries of every kind and nature, and for the funds of all insurance companies and banks. This provision is supplemental to and amendatory of, Section 56-224 of the Civil Code of Georgia of 1933 and any and all other Acts regulating, relating to, and declaring what shall be, legal investments for administrators, executors, guardians, trustees, or other fiduciaries of every kind and nature, or for the funds of insurance companies and banks.
e. Upon the death of a member of a state chartered association, or a Federal savings and loan association, such associations may pay the redemption value of the shares (a) to an executor or administrator appointed by any court of competent jurisdiction in this state, or any other state, or if such association has no written notice of any such appointment or application for appointment within ninety (90) days of the death of such member, (b) to the husband or wife of the member, or (c) if no husband or wife, to the children of such member, or (d) if no children or spouse, then to the lawful heirs of such member as shown by affidavit of any relative of such deceased member, and the taking of such affidavit and the payment to any such persons of the redemption value of any such shares shall relieve such associations of all liability as completely as if the redemption value of the shares had been paid to the member in his lifetime.
If no application for the redemption value is made by any person named in the foregoing paragraph within ninety (90) days from the death of a member, a state chartered association or a Federal savings and loan association, shall be authorized to apply not exceeding $500.00 of the redemption value of the shares of such deceased member, in payment of the funeral expenses of such deceased member upon receipt of an itemized statement of such expenses and the affidavit of the undertaker conducting the funeral that said statement was true and correct and had not been paid.
Sec. 17. Any person who shall publish or cause to be published any false statement, expressed either by printing or writi,ng,

WEDNESDAY, DECEMBER 8, 1937.

303

or sign, or pictures, or the like of, or concerning any state chartered association, or Federal savings and loan association, as to the assets or liabilities of such state chartered association, or Federal savings and loan association, or as to its solvency or ability to meet its oblttgations, or as to its soundness, or who shall publish or cause to be published any other false statement so expressed, calculated to affect the credit or standing of any such state chartered association or Federal savings and loan association, or to cast suspicion upon its solvency, soundness, or ability to meet its obligations in due course, shall be guilty of a misdemeanor, and shall be punished as provided in Section 27-2506 of the Code of Georgia of 1933.
Sec. 18. Any person who shall falsely circulate any report, or make any false oral statement as to the assets or liabilities of any state chartered association, or Federal savings and loan association, or as to its solvency, or ability to meet its obligations, or as to its soundness; or who shall make any other false oral statement, calculated to affect the credit or standing of such state chartered association, or Federal savings and loan association, or to cast suspicion upon its solvency, soundness, or ability to meet its obligations in due course, shall be guilty of a misdemeanor, and shall be punished as provided in Section 27-2506 of the Code of Georgia of 1933.
Sec. 19. If any provision of this Act, or the application thereof to any corporation, person, or circumstance is held invalid, the remainder of the Act, and the application of such provision to other corporations, persons, or circumstances, shall not be affected thereby.
Sec. 20. All laws and parts of laws in conflict herewith are hereby repealed to the extent that such laws and parts of laws are in conflict with the provisions of this Act.
The following amendments to the committee substitute to House Bill No. 25 were read and adopted:
Mr. Peters of Meriwether moves to amend Substitute Bill No. 25 by amending Section 10 as follows: by inserting at its proper place in said section, "or State Banks regularly incorporated under the laws of this State or National Banking Association

304

JouRNAL OF. THE HousE,

incorporated under the laws of the United States," and amend the caption accordingly.

Mrs. Mankin of Fulton moves to amend the substitute for House Bill No. 25 by adding a new section before the repealing clause to read as follows:

This Act shall not be construed to repeal that certain Act entitled: "An Act to amend Section 2878 of the Code of 1910 to define the term 'other like associations' therein referred to; to authorize the associations therein and herein described to lend their funds for stated intervals not exceeding twelve months upon personal endorsement or chases in action, or both, which chases in action may consist in whole or in part of their own paid up stock or stock payable on the installment plan, or paid up or installment certificates of indebtedness which may or may not bear interest while the loan is of force; to authorize such institutions to deduct interest in advance on said loans, not to exceed eight per cent discount; to declare said loans so made to be lawful, and for other purposes," approved by the Governor of Georgia August 16, 1913 and known as Section 16-101 Code of Georgia 1933, and shall not apply to any corporation doing business as a "like association" to a Building and Loan Association, as defined in said Act. Corporations, however, doing business in this State under said Act shall, within six months from the date of approval of this Act, discontinue the use, as a part of their corporate name or in any manner otherwise denoting the nature of their business, of the words "Building and Loan" and/or "Savings and Loan," or other words or phrases importing a Building and Loan and/or Savings and Loan institution.

An amendment offered by Mr. Cohen of Chatham was ruled

out of order.



Mr. Cohen of Chatham moved that the House reconsider its action in adopting the amendment offered by Mrs. Mankin of Fulton, and the motion was lost.

An amendment offered by Mr. Pilcher of Warren was read and lost.

The committee substitute, as amended, was adopted.

Mr. Carmichael of Cobb moved the previous question, the

WEDNESDAY, DECEMBER 8, 1937.

305

motion prevailed, and the main question was ordered.
The report of the committee, which was favorable to the passage of the hill, by substitute, was agreed to, as amended.

On the passage of the hill, by substitute, as amended, Mr. Carmichael of Cobb 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

Edwards

Allison

Ellington

Almand

Elliott

Ansley

Ennis

Bargeron

Erwin

Barnard

Etheridge

Batchelor

Ferguson

Beck

Field

Bennett

Fitts

Blease

Fowler

Bond

Freeman

Booth

Gammage

Brewton

Gavin

Bridges

Goff

Brooks of Jackson

Groover

Brown of Peach

Grubbs

Campbell

Hampton

Candler

Hand

Carmichael of Oobb

Harden

Carmichael of Randolph Harrell of Brooks

Olary

Harrell of Irwin

Olements

Harris

Cochran

Harrison

Goleman

Hayes

Corbett

Hendrix

Daves

Herndon

Davis

Hill of Olarke

DeFoor

Hill of Screven

Dollar

Hodges

Douglass

Hogg

Drake

Hollis

Drinkard

Holt

Dugas

Home

Dukes

Houston

Durden

Houze

Jackson Joel Johnson Jones of Bartow Jones of Brantley Jones of Dodge Jones of Elbert Jones of Jenkins Kendrick Key Lanham Lanier Leonard Lewallen Lewis Mankin
Manry
Marshall
Martin McCracken McOrave:v McGehee McNall Milam Moore of Baldwin Moore of Haralson Morgan Mundy Musgrove Newby Parker Perry Peters Pirkle Pound

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JouRNAL oF THE HousE,

Ragan Rawlins Rountree Rowland Sabados Sams Sanders Sapp Sartain Saunders Scruggs Simmons Smith of Henry

Smith of Muscogee Striplin Sutton Swindle Tapp Tate Taunton Todd Thomas Trapnell Trippe Turner Vickery

Wages Walton Ware Watkins Weaver Welsch Whaley Whipple Whitaker Williams of Jones Wilson Yeomans Zellner

Those voting in the negative were Messrs.:

Cohen Dean Dunn

Evans Gary GUYton

Herrin Pilcher

Those not voting were Messrs.:

Barlow Barrett Bradley Brooks of Oglethorpe Brown of Greene Chappell Olark Claxton Cogdell Coxon Croker Culpepper of Fayette Culpepper of Mitchell Dampier Daughtry
Deal Flanders Grayson

Gross Hamby Hart Harvey Hastings Keel Kirbo Larsen Mavity McGraw Middleton Miller Moore of Lumpkin Moore of Taliaferro Morris Moss Newton Oden

Palmour Patten Peebles Phillips Preston of Bulloch Preston of Walton Rees Reid of Carroll Reid of Wilcox Salter Smith of Dodge Spence Wall Warnell Warnock Williams of Bacon Mr. Speaker.

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 144, the nays 8.

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

WEDNESDAY, DECEMBER 8, 1937.

307

Mr. Corbett of Atkinson asked unanimous consent that the following bill of the House be withdrawn from the Committee on Ways and Means and recommitted to the Committee on State of Republic:

By Mr. Corbett of Atkinson-

House Bill No. 161. A bill to be entitled an Act providing for the levy of a tax on rolling stores, and for other purposes.

The request was granted.

The following resolution of the House was read and referred to the Committee on Rules:

By Mr. Pound of Hancock-

House Resolution No. 48. A resolution. Be it resolved by the House that House Bill No. 43, known as Soft Drink Bill, be placed on calendar of the House as the first order of business of the House for Thursday, December 9, 1937.

Under the regular order of business, the following bills of the House were again taken up for consideration:

By Mr. Hampton of Fannin-

House Bill No. 32. A bill to be entitled an Act to propose an amendment to the constitution so as to authorize Fannin County to make temporary loans, and for other purposes.

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 Allison Almand Ansley Barnard Barrett Batchelor Beck

Blease Bond Bradley Brewton Bridges Brooks of Jackson Brown of Peach Campbell

Oandler Oarmicbael of Oobb Clements Oocbran Oohen Ooleman Ooxon Daves

308

JOURNAL OF THE HousE,

Davis Dean DeFoor Douglass Drake Drinkard Dugas Dukes Dunn Durden Edwards Ellington Elliott Ennis
Erwin
Etheridge Evans Ferguson Field Fitts Fowler Freeman Gammage
Gary
Gavin Goff Groover Grubbs GUYton Hampton Hand Harden Harrell of Brooks Harris Harrison
Hart
Harvey Hayes Hendrix Hemdon Herrin

Hill of Olarke Hill of Screven Hodges Hogg Hollis Holt Houston Houze .Jackson .Joel .Jones of Bartow .Jones of Brantley .Jones of Dodge .Jones of Elbert Kendrick Key Lanham Lanier Larsen Leonard Lewallen Lewis Mankin :Manry
Marshall Mccracken :Mccravey McGehee McGraw Miller Moore of Baldwin Moore of Haralson Moore of Taliaferro :Morgan Mundy Musgrove Newby Newton Palmour Parker Perry

Peters Pilcher Pirkle Pound Rawlins Rees Rountree Rowland Sabados Sams Sanders Sapp Sartain Saunders Scruggs Simmons Smith of Henry Smith of :Muscogee Striplin Swindle Tate Taunton Todd Thomas Trapnell Trippe Turner Vickery
Wag~s
Walton Ware Watkins Weaver Welsch Whaley Whipple Whitaker Williams of .Jones Wilson Yeomans Zellner

Those not voting were Messrs.:

Bargeron Barlow Bennett Booth Brooks of Oglethorpe

Brown of Greene

maxton

Carmichael of Randolph Cogdell

Chappell

Corbett

Olark

Croker

Olary

Culpepper of Fayette

WEDNESDAY, DECEMBER 8, 1937.

309

Culpepper of Mitchell Dampier Daughtry Deal Dollar Flanders Grayson Gross HambY Harrell of Irwin Hastings Home .Johnson .Jones of .Jenkins Keel

Kirbo Martin Mavity McNall Middleton Milam Moore of Lumpkin Morris Moss Oden Patten Peebles Phillips Preston of Bulloch

Preston of Walton Ragan Reid of Carroll Reid of Wilcox Salter Smith of Dodge Spence Sutton Tapp Wall Warnell Warnock Williams of Bacon Mr. Speaker

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

On the passage of the bill, the ayes were 147, the nays 0.

The bill having received the requisite two-thirds constitutional majority was passed.

Mr. Sabados of Dougherty moved that the House do now recess until 2:00 o'clock P. M., this afternoon, and the motion was lost.

By Mr. Hampton of Fannin-

House Bill No. 33. A bill to be entitled an Act to propose an amendment to the Constitution of the State of Georgia, authorizing the City of Blue Ridge to create a bonded indebtedness, and for other purposes.
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 Allison Almand Ansley Bargeron

Barnard Batchelor Beck Bennett Blease

Bond Bradley Brewton Bridges Brooks of .Jackson

310

JouRNAL oF THE HousE,

Brooks of Oglethorpe Harvey

Brown of Peach

Hayes

Oandler

Hendrix

Carmichael of Oobb

Hemdon

Carmichael of Randolph Herrin

Olary

Hill of Olarke

Olements

Hill of Screven

Oochran

Hogg

Oohen

Hollis

Oorbett

Holt

Ooxon

Houston

Daves

Houze

Davis

Jackson

Dean

Joel

DeFoor

Johnson

Douglass

Jones of Bartow

Drake

Jones of Brantley

Drinkard

Jones of Dodge

Dugas

Jones of Elbert

Dukes

Jones of Jenkins

Dunn

Kendrick

Durden

Key

Edwards

Lanham

Ellington

Lanier

Elliott

Larsen

Ennis

Leonard

Erwin

Lewallen

Etheridge

Lewis

Evans

Mankin

Ferguson

Manry

Field

Marshall

Fitts

Martin

Fowler

McOracken

Freeman

McOrave;v

Gammage

McGehee

Gary

McGraw

Gavin

McNall

Goff

Milam

Grayson

Miller

Gross

Moore of Baldwin

Groover

Moore of Haralson

Grubbs

Moore of Taliaferro

GUYton

Morgan

Hampton

Mundy

Harden

Musgrove

Harrell of Brooks

Newby

Harris

Newton

Harrison

Palmour Parker PerrY Peters Pilcher Pirkle Pound Ragan Rawlins Reid of Oarroll Reid of Wilcox Rountree Rowland Sabados Sams Sanders Sapp Sartain Saunders Scruggs Simmons Smith of Henry Smith of Muscogee Striplin Sutton Tapp Tate Taunton Todd Thomas Trapnell Trippe Turner Vickery Wages Walton Ware Watkins Weaver Welsch Whaley Whipple Whitaker Williams of Jones Wilson Yeomans Zellner

WEDNESDAY, DECEMBER 8, 1937.

311

Those not voting were Messrs. :

Barlow Barrett Booth Brown of Greene Campbell Chappell Olark Olaxton Cogdell Coleman Croker Culpepper of Fayette Culpepper of Mitchell Dampier Daughtry Deal

Dollar Flanders Hamby Hand Harrell of Irwin Hart Hastings Hodges Home Keel Kirbo Mavity Middleton Moore of Lumpkin Morris Moss

Oden Patten Peebles Phillips Preston of Bulloch Preston of Walton Rees Salter Smith of Dodge Spence Swindle Wall Warnell Warnock Williams of Bacon Mr. Speaker

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

On the passage of the bill, the ayes were 157, the nays 0.
The bill having received the requisite two-thirds constitutional majority was passed.

The following resolution of the House was read and ordered to lie on the table one day:

By Mr. Elliott of Muscogee-

House Resolution No. 49. A resolution requesting the State Auditor to supplement the report heretofore filed by him, by filing an additional report setting forth compiled totals according to departments, divisions, commissions, bureaus, boards, and every State governmental agency of whatever nature, and for other purposes.
Mr. Davis of Floyd asked unanimous consent that the committee substitute to Senate Bill No. 2 be printed, and the request was granted.
Mr. Smith of Muscogee moved that the House do now adjourn, and the motion prevailed.
Leaves of absence were granted to Messrs. Barlow of Colquitt, Saunders of Harris, and Claxton of Camden.
The Speaker announced the House adjourned until tomorrow morning at 10:00 o'clock.

312

JouRNAL oF THE HousE,

REPRESENTATIVE HALL, ATLANTA, GA.,
THURSDAY, DECEMBER 9, 1937.
The House met, pursuant to adjournment, this day at 10:00 o'clock A. M., was called to order by the Speaker and opened with prayer by the Chaplain.
By unanimous consent, the call of the roll was dispensed with.
Mr. Hill of Screven, 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 bills and resolutions.
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 Messrs. Cohen, Grayson, and MeNall of Chatham-
House Bill No. 230. A bill to be entitled an Act to amend the several Acts relating to the incorporation of the Mayor and Aldermen of the City of Savannah, and for other purposes.
Referred to Committee on Municipal Government.

THURSDAY, DECEMBER 9, 1937.

313

By Mr. Harrell of Brooks-
House Bill No. 231. A bill to be entitled an Act to amend the Act of 1921, which Act amends the Act of 1905, creating a new charter for the City of Quitman, in the County of Brooks, and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Smith and Jones of Dodge-
House Bill No. 232. A bill to be entitled an Act to amend the Constitution of the State of Georgia, so as to authorize the City of Eastman to issue refunding bonds, and for other purposes.
Referred to Committee on Amendments to Constitution No.2.
By Messrs. Brewton of Evans, Bradley of Tattnall, and Swindle of Berrien-
House Bill No. 233. A bill to be entitled an Act to amend the Code of 1933, relating to grading, packing and shipping of apples, so as to include all fresh fruits or vegetables, as well as apples, and for other purposes.
Referred to Committee on General Agriculture No. 1.
By Messrs. Brewton of Evans, Bradley of Tattnall, Reid of Carroll, Jones of Bartow, Flanders of Emanuel, McNall and Grayson of Chatham, Bargeron of Burke, and Gross of Stephens-
House Bill No. 234. A bill to be entitled an Act to license and regulate wholesale dealers in perishable farm commodities; to suppress unfair and fraudulent practice in the marketing thereof; and for other purposes.
Referred to Committee on Ways and Means.
By Mr. Musgrove of Clinch-
House Bill No. 235. A bill to be entitled an Act to repeal an Act of 1937, abolishing the County Court of Clinch County, and for other purposes.
Referred to Committee on Special Judiciary.

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By Mr. Dollar of Grady-
House Bill No. 236. A bill to be entitled an Act to repeal an Act of the General Assembly of the State of Georgia establishing a Board of Commissioners of Roads and Revenues for Grady County, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Dollar of Grady-
House Bill No. 237. A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Grady, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. McCracken of Jefferson-
House Bill No. 238. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding a certain road in Jefferson County, and for other purposes.
Referred to Committee on Public Highways No.2.
By Mr. Bennett of Ware-
House Bill No. 239. A bill to be entitled an Act to amend Section 28 of the Act creating a new charter for the City of Waycross, and Acts amendatory thereof, and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Parker of Colquitt, Allison of Gwinnett, and Harrell of Brooks-
House Bill No. 240. A bill to be entitled an Act to amend an Act known as the Motor Fuel Tax Act, appearing on pages 167-207, Georgia Laws of 1937, by providing that no motor fuel tax shall be imposed upon any motor fuel sold to and used by counties for use in construction, maintenance or repair of highways or roads, and for other purposes.
Referred to Committee on State of Republic.
By Mr. Adams of Franklin-
House Bill No. 241. A bill to be entitled an Act to amend an

THURSDAY, DECEMBER 9, 1937.

315

Act entitled "Highway Mileage," by adding a certain road in Franklin County, and for other purposes.
Referred to Committee on Public Highways No.2.
By Mr. Gross of Stephens-
House Bill No. 242. A bill to be entitled an Act to authorize the State Highway Board of Georgia to use any funds available to them for the purpose of matching any federal funds which may be made available to them for building and constructing rural route roads, farm to market roads, or secondary roads, and for other purposes.
Referred to Committee on Public Highways No. 1.
By Mr. Watkins of Butts-
House Bill No. 243. A bill to be entitled an Act to submit to the qualified voters of Georgia, an amendment to Paragraph 1, Section 8, of Article 7 of the Constitution of Georgia, by providing for the assumption and payment by the State of all indebtedness due the persons heretofore for paving of public roads or highways of the State in incorporated cities and towns of less than 2,500 inhabitants, and for other purposes.
Referred to Committee on Amendments to Constitution No. 1.
By Mr. Houston of Worth-
House Bill No. 244. A bill to be entitled an Act amending the Code of 1933, relating to the priority of crop mortgages, and for other purposes.
Referred to Committee on General Judiciary No.2.
By Messrs. Dampier and Larsen of Laurens-
.House Resolution No. 50-244a. A resolution to provide Georgia law reports for the Court of Ordinary of Laurens County, and for other purposes.
Referred to Committee on Public Library.
By Messrs. Dampier and Larsen of Laurens-
House Resolution No. 51-244b. A resolution authorizing the State Librarian to furnish a Code of laws for the Court of

316

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Ordinary of Laurens County, and for other purposes.
Referred to Committee on Public Library.
By Mr. Oden of Pierce-
House Resolution No. 52-244c. A resolution encouraging the teaching of forestry in the public schools of Georgia, and for other purposes.
Referred to Committee on Education No. 1.
By Mr. Welsch of Cobb-
House Bill No. 245. A bill to be entitled an Act to prohibit the filing or instituting in any of the Courts of this State any suit based upon the alleged breach of marriage contract or of the alleged alienation of affection, and for other purposes.
Referred to Committee on General Judiciary No.2.
By Messrs. Harris and Lanier of Richmond-
House Bill No. 246. A bill to be entitled an Act to authorize the State Highway Board of Georgia to increase the mileage of the State Aid System of Roads by the addition thereto of a road in Richmond County, and for other purposes.
Referred to Committee on Public Highways No.2.
By Messrs. Moore of Lumpkin, DeFoor of Mcintosh, Gross of Stephens, Weaver and Horne of Bibb, and Grubbs of Crisp-
House Bill No. 247. A bill to be entitled an Act to repeal an Act of 1937, relating to road and street contracting regulations, and for other purposes.
Referred to Committee on State of Republic.
Mr. Larsen of Laurens 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 bills of the House and have instructed me, as Chairman, to report the same back

THURSDAY, DECEMBER 9, 1937.

317

to the House with the following recommendations:
House Bill No. 162. Do pass.
House Bill No. 183. Do pass.
Respectfully submitted,
LARSEN of Laurens, Chairman.
Mr. Cogdell of Glynn 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 bill of the House and have instructed me, as Vice-Chairman, to report the same back to the House with the following recommendation:
House Bill No. 228. Do pass.
Respectfully submitted,
CoGDELL of Glynn, Vice-Chairman.
Mr. Sartain of Walker County, Chairman of the Committee on Engrossing, submitted the following report:
Mr. Speaker:
Your Committee on Engrossing has examined, found properly engrossed, and ready for transmission to the Senate, the following bills of the House, to-wit:
House Bills Nos. 178, 176, 175, 173, 167, 159, 128, 33, 32, 25.
Respectfully submitted,
SARTAIN of Walker, Chairman.
Mr. McGraw of Meriwether 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

318

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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. 16. Do pass.
House Bill No. 194. Do pass, as amended.
Respectfully submitted,
McGRAw of Meriwether, Chairman.
Mr. McCracken of Jefferson 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. 21. Do not pass.
House Bills Nos. 200, 208, 212, 220 and 160. Do pass.
House Bill No. 205. Do pass, as amended.
Respectfully submitted,
McCRACKEN of Jefferson, Chairman.
Mr. Gross of Stephens County, Vice-Chairman of the Committee on Public Highways No. 1, 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 Vice-Chairman, to report the same back to the House with the following recommendation:
House Bill No. 213. Do pass.
Respectfully submitted,
GRoss of Stephens, Vice-Chairman.

THURSDAY, DECEMBER 9, 1937.

319

Mr. Pound of Hancock 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 of the House and have instructed me, as Chairman, to report the same back to the House with the following recommendations:
House Bill No. 214. Do pass. House Bill No. 224. Do pass.
Respectfully submitted, PouND of Hancock, Chairman.
Mr. Coleman 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 House and Senate and have instructed me, as Chairman, to report the same back to the House with the following recommendations:
House Bill No. 204. Do pass. Senate Bill No. 10. Do pass.
Respectfully submitted, CoLEMAN of Lowndes, Chairman.
Mr. Sams of DeKalb County, Acting 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 Acting Chairman, to report the same back to the House with the following recommendation:
House Bill No. 166. Do pass.
Respectfully submitted, SAMS of DeKalb, Acting Chairman.

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By unanimous consent, the following bills of the House and Senate, favorably reported, were read the second time:
By Senator Robinson of the 13th District-
Senate Bill No. 10. A bill to be entitled an Act to amend Code Section 36-1104, 36-1115 and 95-1715 of the Code of 1933, so as to permit counties to condemn roads in same manner as State of Georgia and the United States Government, and for other purposes.
By Messrs. Parker and Barlow of Colquitt-
House Bill No. 16. A bill to be entitled an Act to amend Section 46-208 of the Civil Code of 1933, relating to garnishment, and for other purposes.
By Mr. Newton of Toombs-
Hause Bill No. 162. A bill to be entitled an Act to amend an Act authorizing the City of Vidalia to incur a bonded indebtedness in addition to that heretofore permitted, and for other purposes.
By Messrs. Erwin of Lamar, Hollis of Morgan, Marshall of Mason, Lanham of Floyd, and Lanier of Richmond-
House Bill No. 166. A bill to be entitled an Act to levy a tax on sales and use of dentifrices, and for other purposes.
By Mr. Yeomans of Wayne-
House Bill No. 160. A bill to be entitled an Act to create a new charter for the City of Jesup, and for other purposes.
By Mr. Larsen of Laurens-
House Bill No. 183. A bill to be entitled an Act to authorize the City of Dublin to incur a bonded indebtedness in addition to that heretofore permitted, and for other purposes.
By Messrs. Groover, Morgan, and Ware of Troup, Hodges of Liberty, and Sanders of Coweta-
House Bill No. 194. A bill to be entitled an Act to provide for the sale and distribution of license plates for motor vehicles in each county, and for other purposes.

THURSDAY, DECEMBER 9, 1937.

321

By Messrs. Mundy and Trippe of Polk-
House Bill No. 200. A bill to be entitled an Act to amend the charter of Cedartown, and for other purposes.
By Mr. Parker of Colquitt-
House Bill No. 204. A bill to be entitled an Act to be known as the Uniform Warehouse Receipts Law, and for other purposes.
By Mr. Tapp of Gwinnett-
House Bill No. 205. A bill to be entitled an Act creating a new charter for the City of Buford, and for other purposes.
By Messrs. Harris and Milam of Spalding-
House Bill No. 208. A bill to be enti tied an Act amending an Act creating a new charter for the City of Griffin, and for other purposes.
By Mr. Yeomans of Wayne-
House Bill No. 212. A bill to be entitled an Act amending an Act to establish the City Court of Jesup, and for other purposes.
By Mr. Ferguson of Sumter-
House Bill No. 214. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding a certain road to System of State Aid Roads, and for other purposes.
By Mr. Bridges of Early-
House Bill No. 213. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding a certain road to System of State Aid Roads, and for other purposes.
By Messrs. Elliott, Smith, and Leonard of Muscogee-
House Bill No. 220. A bill to be enti tied an Act amending an Act creating a new charter for the City of Columbus, and for other purposes.
By Messrs. Hastings and Kendrick and Mrs. Mankin of Fulton-
House Bill No. 224. A bill to be entitled an Act to amend an

322

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Act entitled "Highway Mileage," by adding a certain road to System of State Aid Roads, and for other purposes.
By Mr. Jones of Brantley-
Hause Bill No. 228. A bill to be entitled an Act to change from the fee to the salary system in certain counties and to make arrangements for the carrying out of said change, and for other purposes.
By unanimous consent, the following bills of the House were read the third time and placed upon their passage:
By Messrs. Carmichael and Welsch of Cobb-
House Bill No. 187. A bill to be entitled an Act to amend an Act which creates the office of Commissioner of Roads and Revenues of Cobb 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 104, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Dampier and Larsen of Laurens-
House Bill No. 201. A bill to be entitled an Act to amend an Act creating a new charter for the City of Dublin, and for other purposes.
The following amendment was read and adopted:
Messrs. Larsen and Dampier of Laurens move to amend House Bill No. 201 by adding the following to Section 12 at the end of the last line in said section: "but not prior to the expiration of sixty days after the enactment of this bill."
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 103, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.

THURSDAY, DECEMBER 9, 1937.

323

By unanimous consent, the following hill and resolution of the Senate were read the first time and referred to the committees:
By Senators Shedd of the 3rd District, Knabb of the 4th District, Williams of the 5th District, Sikes of the 49th District, and Atwood of the 2nd District-
Senate Bill No. 4. A hill to he entitled an Act to validate the incorporation of Timber Protective Associations, and for other purposes.
Referred to Committee on Conservation.
By Senator Chason of the 8th District-
Senate Resolution No. 11. A resolution proposing an amendment to the Constitution, permitting the General Assembly to delegate to any county the right to levy a tax for the purpose of furnishing medical or other care, and hospitalization for the indigent sick people, and for other purposes.

Referred to Committee on Hygiene and Sanitation. The following resolution of the House was read: By Messrs. Hastings and Kendrick and Mrs. Mankin of Fulton-

(1) House Resolution No. 53. A Resolution. Whereas, pursuant to a resolution enacted by the House of Representatives, a committee was appointed from this House to investigate the circumstances under which House Bill No. 14 (Regular Session) was introduced and passed by the General Assembly, and

Whereas, the members of the Fulton Delegation were appointed as members of this investigation committee, and

Whereas, the members of the Fulton Delegation do not think it advisable that they participate as members of said committee and desire to withdraw;

Now therefore, he it resolved by the Georgia House of Repre-

sentatives that the members of the Fulton County Delegation,

he and are hereby allowed to withdraw as members of said com-

mittee.

-

(2) And further, we feel that the entire committee previously

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JouRNAL oF THE HousE,

appointed be discharged and a new full committee be appointed by the Speaker of the House to consider fully the contents of the resolution previously adopted asking for said investigation.
Part 1 of the resolution was adopted. Part 2 of the resolution was lost.
Mr. Sabados of Dougherty moved that the Speaker appoint three members to the committee in the place of the Fulton Delegation, and the motion prevailed.
Messrs. Mundy of Polk, Harvey of Upson, and Sanders of Coweta were named to serve on the committee by the Speaker.
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 arid Senate, to-wit:
By Mr. Kirbo of Decatur-
House Bill No. 45. A bill to amend an Act providing for the creation of the Board of Commissioners of Roads and Revenues of Decatur County, and for other purposes.
By Messrs. Perry and Houston of Worth-
House Bill No. 86. A bill to reduce the official bond of the Sheriff of Worth County, and for other purposes.
By Mr. Salter of Baker-
House Bill No. 99. A bill to require Baker County to pay officers of court the costs now allowed by law in each case convicted and worked on chain gang, and for other purposes.
By Mr. Morris of Douglas-
House Bill No. 119. A bill to reduce the official bond of the Sheriff of Douglas County, and for other purposes.
By Senator Harrell of the 12th District-
Senate Bill No. 19. A bill to provide that the amount of all income taxes paid by a citizen of Georgia to the Federal Govern-

THURSDAY, DECEMBER 9, 1937.

325

ment shall be allowed as a deduction from income tax due and payable to the State of Georgia, and for other purposes.
By Senator Phillips of the 29th District-
Senate Bill No. 22. A bill to provide for compensation to Clerks of Courts and Sheriffs in counties having a population of not less than 8,790 nor more than 8,810, and for other purposes.
By Senator Atkinson of the 1st District-
Senate Bill No. 37. A bill to amend an Act to abolish the office of County Treasurer in and for Chatham County, and for other purposes.
Under the regular order of business, the following bill of the House was taken up for consideration and read the third time:
By Mr. Gross of Stephens-
House Bill No.3. A bill to be entitled an Act to amend an Act fixing motor vehicle license taxes, and for other purposes.
The following committee substitute to House Bill No. 3 was read:
By the Committee:
Committee Substitute.

A BILL
To be entitled an Act to amend Title 68 ("Motor Vehicles"), Chapter 68-2 ("License for motor vehicles and chauffeurs"), of the Code of Georgia of 1933 by striking all of Section 68211 of said title and chapter, which provides a schedule of annual fees for motor vehicles, as amended by an Act of the General Assembly of Georgia approved February 1, 1935, entitled "An Act to amend Title 68 ('Motor Vehicles'), 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 for the registration of motor vehicles at half-year rates and quarter-year rates; by striking all of Section 68-211 of said title and chapter, which provides the schedule of annual fees for motor vehicles, and

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enacting in lieu thereof a new section fixing the annual license fee for all motor vehicles, except farm tractors and motorcycle side cars, at $3.00; and for other purposes," appearing on pages 156 and 157 of the Acts of the General Assembly of Georgia of 1935, and inserting in lieu of Section 68-211 as amended by said Act approved February 1, 1935, so as to provide a new schedule of fees for all motor vehicles, including automobiles, motorcycles, buses, trucks, trailers and semi-trailers, ambulances and hearses; so as to provide the time of payment; to provide for half-year rates; to provide for the allocation of funds derived therefrom; and provisions for different classes of identification tags for each class of vehicles; and to repeal an Act entitled "An Act to provide for the levy of a tax to be known as a Maintenance Tax to be paid by owners of motor-buses, trucks, and/or trailers operating over the public roads of this State; to repeal Chapter 92-29 of the Georgia Code of 1933, 'Motor Carriers for Hire,' pertaining to an annual or a mileage tax to be paid by motor carriers for hire; to provide a schedule of rates to be paid; to provide a date upon which said tax will become effective; to provide for the registrations of all motor-buses, trucks and/ or trailers affected by this Act with the Director of the Motor Vehicle Division of the State Revenue Commission in the manner that applications and registrations of all motor vehicles are now made; to provide for owners of said vehicles to make oath as to factory weights of same upon registration; to provide for one-half of the tax where vehicles are registered after August 1st up to December 31st, of each year; to provide a penalty for failure to register; to provide .that a maintenance tag shall be procured from the Director of the Motor Vehicle Division of the State Revenue Commission upon the payment of the tax herein levied, and to provide for the issuance of a maintenance tag to persons registering under this Act; to provide that the Director of the Motor Vehicle Division of the State Revenue Commission shall not issue a tag until the maintenance tax herein provided for has been paid; to provide for the design of the maintenance tag to be issued upon the payment of tax herein provided; to provide that resident and non-resident owners of such vehicles shall register and pay the tax when making more than two (2) trips in the

THURSDAY, DECEMBER 9, 1937.

327

State from out of the State each month; except where seasonable agricultural products are hauled; to provide for the allocation of the funds derived from this tax to the United States Rural Post Roads Division of the State Highway Department of Georgia; to provide a saving clause in case any portion of this Act be declared unconstitutional; to prOvide for the punishment of any person violating the terms of this Act; to provide that said Act shall become effective April 1, 1937; to provide for the exemption of certain trucks and buses from the payment of this tax; to repeal all laws and parts of laws in conflict with this Act, and for other purposes; by providing a new schedule of fees for all motor vehicles, including automobiles; motorcycles, buses, trucks, trailers and semi-trailers, tractors, ambulances and hearses; so as to provide the time of payment; to provide for halfyear and quarter rates; to provide for the allocation of funds derived therefrom; and provisions for different classes of identification tags for each class of vehicles; to repeal Chapter 92-29 of the Georgia Code of 1933, 'Motor Carriers for Hire,' pertaining to an annual or a mileage tax to be paid by motor carriers for hire; to provide for the date when this Act shall go into effect; to provide for the collection of past due taxes owned under prior Acts; and for other purposes."
Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that Title 68, Chapter 68-2 of the Code of Georgia of 1933 be amended by striking all of Section 68-211 of said title and said chapter, which provides a schedule of annual fees for motor vehicles, as amended by an Act of the General Assembly of Georgia approved February 1, 1935, appearing on pages 156 and 157 of the Act of the General Assembly of Georgia of 1935, referred to in the caption of this Act.
Sec. 2. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the Act of the General Assembly of Georgia, approved March 30, 1937, appearing on pages 155 through 167 of the Acts of the General Assembly of Georgia of 1935, referred to in the caption of this Act, be and the same is hereby repealed.
Sec. 3. Be it further enacted by the authority aforesaid,

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that for the purpose of this Act the following definitions shall apply:

A. Motor-Bus. Any passenger carrying motor vehicle having a passenger seating capacity of eight (8) or more persons.

B. Trucks. A motor vehicle for the transportation of property, which shall include any self-propelled vehicle designed for use as a traveling power plant or for drawing other vehicles but having no provision for carrying loads independently, except what are commonly known as farm tractors.

C. Trailer. Any vehicle without motive power, designed for carrying persons or property either partially or wholly on its own structure and for being drawn by a self-propelled vehicle and operated over the public roads of this State; that trailer in this Act does not mean trailers used for small luggage or boats.

Sec. 4. Be it further enacted by the authority aforesaid, that the annual fees for the licensing of the operation of vehicles shall be as follows for each vehicle registered:

(1) For each passenger motor vehicle not operated as a common or contract carrier for hire weighing not over 2500 pounds the sum of One Dollar and Fifty Cents ($1.50), and for each additional 500 pounds of weight, or a fractional part thereof, the additional sum of One Dollar ($1.00).

(2) For each motorcycle the sum of One Dollar and Fifty Cents ($1.50).

(3) For each truck, or non-passenger carrying motor vehicle, not used as a common or contract carrier for hire and equipped with pneumatic tires in accordance with the manufacturers' rated capacity as follows:

(a) Less than one ton .......................... $ 2.50

(b) One ton ................................. . (c) 1% tons ..................... ; ........... . (d) 2 tons ................................... . (e) 2% tons ................................. . (f) 3 tons ................................... .

5.00 10.00 20.00 37.50 50.00

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329

(g) 3% tons. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100.00

(h) 4 tons. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125.00

(i) 5 tons .................................. . 150.00

(J") 6 tons .................................. . 250.00

(k) 7 tons .................................. . 350.00

(1) 8 tons .................................. . 500.00

(m) 9 tons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 750.00

(n) Over 10 tons .............................. 1,000.00

(4) For each truck, or non-passenger carrying motor vehicle, not used as a common or contract carrier for hire and equipped with any tires other than pneumatic tires, the rates shall be double that set out in paragraph three (3) of this section.

(5) For each truck, trailer, or semi-trailer not used as, or in connection with a non-passenger carrying motor vehicle, truck, or tractor, used as a common or contract carrier for hire and equipped with pneumatic tires in accordance with the factory weight the following:

(a) Not exceeding 1,000 pounds ............... $ 2.50

(b) Over 1,000 pounds and not exceeding 1,500

pounds ...............................

5.00

(c) Over 1,500 pounds and not exceeding 3,000

pounds ...............................

7.50

(d) Over 3,000 pounds and not exceeding 4,000 pounds ...............................

20.00

(e) Over 4,000 pounds and not exceeding 5,000 pounds ...............................

30.00

(f) Over 5,000 pounds and not exceeding 6,000 pounds ...............................

50.00

(g) Over 6,000 pounds and not exceeding 7,000 pounds ...............................

75.00

(h) Over 7,000 pounds and not exceeding 8,000 pounds ............................... 100.00

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(i) Over 8,000 pounds and not exceeding 9,000 pounds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
U) Over 9,000 pounds and not exceeding 10,000 pounds:..............................

150.00 250.00

(k) Over 10,000 pounds.. . . . . . . . . . . . . . . . . . . . . 1,000.00

(6) For each truck trailer or semi-trailer not used as, or in connection with a non-passenger carrying motor vehicle, truck, or tractor, used as a common or contract carrier for hire and equipped with any tires other than pneumatic tires, the rates shall be double that set out in paragraph (5) of this section.

(7) For trailers and semi-trailers, other than truck trailers and semi-trailers not used as, or in connection with a motor vehicle, truck or tractor used as a common or contract carrier for hire, the following:

(a) Weighing less than 1,000 pounds, fully equipped ... $1.00

(b) Weighing more than 1,000 pounds .............. 5.00

(8) For trailers and semi-trailers, other than truck trailers and semi-trailers, used as or in connection with a motor vehicle, truck or tractor, used as a common or contract carrier for hire, as follows:

(a) $1.50 for the first 2,000 pounds according to factory weight and $1.00 for each additional 500 pounds, or a fractional part thereof.

(9) Motor Buses. For each motor bus, (used as a common or contract carrier for hire) the following:

(a) Weighing 10,000 pounds or less $1.25 per one hundred pounds, factory weight, or a fractional part thereof.

(b) Weighing more than 10,000 pounds and not over 15,000 pounds, factory weight, $2.00 for each one hundred pounds, or a fractional part thereof.

(c) Weighing more than 15,000 pounds and not more than 20,000 pounds, factory weight, $2.50 for each one hundred pounds, or a fractional part thereof.

THURSDAY, DECEMBER 9, 1937.

331

(d) Weighing more than 20,000 pounds, and not more than 25,000 pounds, factory weight, $3.00 for each one hundred pounds, or a fractional part thereof.
(e) Weighing more than 25,000 pounds, $5.00 per hundred pounds, factory weight, or a fractional part thereof.
(10) For each truck or non-passenger carrying motor vehicle operated as a common or contract carrier for hire and equipped with pneumatic tires in accordance with the manufacturers' rated capacity as follows:
(a) Less than 1 ton ........................... $ 5.00
(b) 1 ton ................................... . 15.00
(c) 1,72 tons ................................ . 25.00
(d) 2 tons .................................. . 37.50
(e) 2,72 tons ................................ . 75.00
(f) 3 tons .................................. . 100.00
(g) 3,72 tons ................................ . 200.00
(h) 4 tons .................................. . 300.00
(1") 5 tons .................................. . 400.00
G) 6 tons .................................. . 750.00
(k) 7 tons ................................... 1,000.00
(l) 8 tons. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,250.00
(m) Over 9 tons. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2,000.00
(11) For each truck or non-passenger carrying motor vehicle operated as a common or contract carrier for hire and equipped with any tires other than pneumatic tires, the rate shall be double that set out in paragraph ten (10) of this section.
(12) For each truck trailer or semi-trailer equipped with pneumatic tires used as, or in connection with any non-passenger carrying motor vehicle operated for hire in accordance with the factory weight as follows:

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(a) Not exceeding 1,000 pounds ................ $ 5.00
(b) Over 1,000 pounds and not more than 1,500 pounds ................................ 10.00
(c) Over 1,500 pounds and not more than 3,000 pounds ................................ 15.00
(d) Over 3,000 pounds and not more than 4,000 pounds ............................... 50.00
(e) Over 4,000 pounds and not more than 5,000 pounds ................................ 75.00
(f) Over 5,000 pounds and not more than 6,000 pounds ................................ 125.00
(g) Over 6,000 pounds and not more than 7,000 pounds ............................... 150.00
(h) Over 7,000 pounds and not more than 8,000 pounds ................................ 200.00
(i) Over 8,000 pounds and not more than 9,000 pounds ................................ 300.00
G) Over 9,000 pounds and not more than 10,000 pounds ................................ 500.00
(k) Over 10,000 pounds ....................... 1,500.00
{13) For each truck or semi-trailer equipped with any tires other than pneumatic tires used as, or in connection with any non-passenger carrying motor vehicle operated for hire in accordance with the factory weight, the rates shall be double that set out in paragraph twelve (12) of this section.
{14) For each motor drawn hearse or ambulance the sum of $1.50 for the first 2,500 pounds, and $1.00 for each additional 500 pounds of factory weight or fractional part thereof.
{15) For each school bus operated exclusively in the transportation of pupils and teachers to and from schools or school activities, the sum of $2.50.
{16) For each motor vehicle used by carriers and operated over a route of not more than twenty miles in length and solely

THURSDAY, DECEMBER 9, 1937.

333

between a point in this state and a point within a United States military reservation in this state, under special franchise granted by the United States War Department, the sum of $2.50.
(17) The authority having in charge the administration and collection of the annual license fees herein provided for shall provide a different tag for each different class of vehicle herein specified, and shall distinguish the tag furnished to such classes of vehicles by a different letter or letterings on said tag.
(18) The funds derived from the annual license fees herein levied not in excess of the amount produced by the annual three-dollar ($3.00) tag fee levied in 1936, is hereby allocated to the State Highway Department for the purpose of maintaining the State Aid Road System, and the excess of the amount produced by the three-dollar ($3.00) automobile tax levied for the year 1936, is hereby allocated to the State Highway Department for the purpose of repaying diversions made from the gasoline and tag taxes during the years 1935 and 1936, until such time as the amount of said diversion has been fully repaid; and after said amounts have been fully repaid to the State Highway Department, the excess is hereby allocated to the rural post roads division of the State Highway Department for the purpose of building and improving the rural post roads system of the State Highway Department.
(19) The annual fees paid for the licensing of the operation of the said vehicle or vehicles, and the licenses and tags issued therefor, shall be, in -connection with all vehicles described in subsections three (3) through fourteen (14) above, transferable from one motor vehicle to any other motor vehicle, for which the license or tag rate is the same or cheaper, which is substituted or desired to be substituted in lieu of the motor vehicle previously registered or licensed, upon payment of a fee of fifty cents ($.50) for the said transfer, and upon preparation and filing of an appropriate application therefor. However, if in substitution of vehicles of a higher fee a proportionate additional fee shall be paid for the remainder of the taxable year in addition to the nominal transfer fee.
(20) In the case of motor vehicles listed in sub-heads (3) through (14) above, the license fees therefor may, at the option

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of the owner of such vehicle or vehi_cles, be paid in semi-annual installments, one-half of said named fee being due and payable on February 1st of any year, and the other half thereof payable on August 1st of any year.
Sec. 5. Be it further enacted by the authority aforesaid, that any person, firm, corporation or association registering any of the above named vehicles named in sub-heads three (3) through fourteen (14) of Section 4 thereof, between the dates of May 1st and August 1st of any year, shall not be required to pay more than three-fourths of the annual tax herein provided for; that any person, firm, corporation or association registering any of the above named vehicles excepting those named in subheads (1) and (2) of Section 4 thereof, between the dates of August 1st and November 1st of any year, shall not be required to pay more than one-half of the annual tax herein provided for; that any person, firm, corporation or association registering any of the above named vehicles excepting those named in subheads (1) and (2) of Section 4 hereof, between the dates of November 1st and February 1st of the following year, shall not be required to pay more than one-fourth of the annual tax herein provided for.
Sec. 6. Be it further enacted by the authority aforesaid that any motor vehicle tax or mileage tax or maintenance tax owed by any person at the time that this Act goes into effect, may be collected thereafter in as full and complete a manner as if any Acts repealed by this Act or any Act providing for a mileage tax remained in full force and effect; and any person, firm or corporation owing such past due taxes at the time that this Act goes into effect shall be subject to the same terms and methods of enforcement of such past due taxes as if the Acts levying such unpaid taxes were still in effect.
Sec. 7. Be it further enacted by the authority aforesaid that this Act shall go into effect on January 1, 1938; and that all persons, firms, corporations or associations subject to the taxes and licenses herein provided for shall apply for and obtain the said tags on or before February 1st in each year thereafter, and that the payments for such tags shall be made to the Director of the Motor Vehicle Division of the State Revenue Commission, or to such other officers as may be provided by law.

THURSDAY, DECEMBER 9, 1937.

335

Sec. 8. Be it further enacted by the authority aforesaid, that all persons, firms, corporations or associations, whether resident or non-resident of this State making or causing to be made by or through any of their agents, servants or employees more than two (2) trips per month into this State with any of the vehicles herein named shall be liable to and shall pay the tax herein provided for except that any of the named vehicles named herein shall be allowed a maximum of ten (10) trips per month into this State for the purpose of hauling seasonable agricultural products grown in this State without payment of the tax herein provided for.
Sec. 9. Be it further enacted, that Chapter 92-29, including Sections 92-2901 through 92-2926, "Motor Carriers for Hire," of the Georgia Code of 1933, pertaining to an annual or a mileage tax to be paid by motor carriers for hire, be and is hereby repealed.
Sec. 10. Be it further enacted by the authority aforesaid, that all persons, firms, corporations or associations violating the terms of this Act shall be guilty of a misdemeanor and shall be punished as such.
Sec. 11. Be it further enacted by the authority aforesaid, that should any of the provisions of this Act be held illegal or unconstitutional, the same shall not vitiate the remaining provisions of said Act, but all such provisions not held illegal or unconstitutional shall remain in full force and effect.
Sec. 12. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
Mr. Swindle of Berrien moved the previous question, and the call WqS sustained.
The following amendments were read and adopted:
Mr. Gross of Stephens moves to amend Section 1 of House Bill No. 3 by transposing the reference to the amendment of 1935 so that it will appear immediately after the reference to the section of the Code of Georgia of 1933, and so that the said section, when amended, will read as follows:

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"Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that Title 68, Chapter 68-2, of the Code of Georgia of 1933, as amended, by an Act of the General Assembly of Georgia approved February 1, 1935, appearing on pages 156 and 157 of the Acts of the General Assembly of Georgia of 1935, referred to in the caption of this Act, be amended by striking all of Section 68-211 of said title and said chapter which provides a schedule of annual fees for motor vehicles."
Mr. Gross of Stephens moves to amend Section 2 of House Bill No. 3 by more definitely describing and referring to the Act of March 30, 1937, to be repealed, so that the said Section 2, as amended, will read as follows:
"Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the Act of the General Assembly of Georgia, approved March 30, 1937, appearing on pages 155 through 167 of the Acts of the General Assembly of Georgia of 1937, referred to in the caption of this Act and relating to the imposition of a maintenance tax to be paid by owners of motor buses, trucks, and/or trailers operating over the public highways of this State and to the repeal of Chapter 92-29 of the Georgia Code of 1933, be and the same is hereby repealed, said repeal not to revive Chapter 92-29 of the Georgia Code of 1933."
An amendment offered by Mr. Clements of Wheeler was read and lost.
An amendment offered by Messrs. Parker of Colquitt and Hayes of Miller was read and lost.
An amendment offered by Mr. Sanders of Coweta was read and lost.
An amendment offered by Mr. Dukes of Washington was read and lost.
An amendment offered by Mr. Hodges of Liberty and Mrs. Coxon of Long was read and lost.
An amendment offered by Mr. Hodges of Liberty and Mrs. Coxon of Long was read and lost.

THURSDAY, DECEMBER 9, 1937.

337

An amendment offered by Mr. Hodges of Liberty and Mrs. Coxon of Long was read and lost.
An amendment offered by Mr. Clements of Wheeler was read and lost.
An amendment offered by Mr. Jones of Bartow was read and lost.
An amendment offered by Mr. Clements of Wheeler was read and lost.
An amendment offered by Mr. Hodges of Liberty and Mrs. Coxon of Long was read and lost.
The following amendments were read and adopted:
Messrs. Phillips and Palmour of Hall move to amend the substitute to House Bill No.3 by inserting in Paragraph 15, page 7, after the comma in the third line of said section the following: "or the transportation of the owner and the members of his immediate family."
Mr. Culpepper of Fayette moves to amend the substitute to House Bill No.3 by striking the words "not in excess of" in line 2 of Paragraph 18 of Section 4 of the printed bill and substituting therefor the words "not less than."
An amendment offered by Mr. Carmichael of Cobb was read and lost.
The following amendments were read and adopted:
Mr. Gross of Stephens moves to amend committee substitute to House Bill No. 3 by striking Paragraph (20) on page 8 of Section 4.
Messrs. Drake of Seminole, Reid and Beck of Carroll, and Turner of DeKalb move to amend committee substitute to House Bill No. 3, by adding the following paragraph in the appropriate place:
A farmer from without the State, using his local market within this State, and using his own motor vehicle, shall be exempt from any provisions of this Act.

338

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Mr. Lanham of Floyd moves to amend the committee substitute for House Bill No. 3 by striking Subparagraph 19 of Section 4, and by substituting in lieu thereof a new subsection to be known as Subsection 19 as follows, to-wit: "The annual fees paid for the licensing of the operation of the said vehicle or vehicles, and the licenses and tags issued therefor, shall be transferable from one person to another, upon payment of a fee of fifty cents for the said transfer, and upon preparation and filing of an appropriate application therefor."

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.

On 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.:

Adams

Davis

Ansley

Deal

Bargeron

DeFoor

Batchelor

Douglass

Beck

Drake

Bennett

Dugas

Blease

Dukes

Bond

Durden

Booth

Edwards

Bradley

Ell.ington

Brewton

Ennis

Bridges

Etheridge

Brooks of Jackson

Evans

Brooks of Oglethorpe Ferguson

Brown of Greene

Field

Campbell

Fitts

Carmichael of Cobb

Flanders

Carmichael of Randolph Fowler

Clark

Freeman

ClarY

Gammage

Cochran

Gary

Coleman

Gavin

Corbett

Goff

Coxon

Grayson

Croker

Gross

Culpepper of Mitchell Grubbs

Daves

Guyton

Hamby Hand Harden Harrell of Irwin Harris Harrison Hart Harvey Hendrix Herndon Herrin Hill of Clarke Hogg Hollis Holt Home Houston Jackson Joel Johnson Jones of Bartow Jones of Dodge Jones of Elbert Jones of Jenkins Keel Kendrick Key

THURSDAY, DECEMBER 9, 1937.

339

Lanham Lanier Larsen Lewallen Lewis Mankin
Manry
Marshall Martin Mavity McCracken McCravey McGehee McGraw McNall Milam Miller Moore of Haralson Moore of Lumpkin Moore of Taliaferro Moss Mundy Musgrove Newby Newton

Oden Palmour Perry Phillips Pilcher Pirkle Pound Preston of Bulloch Preston of Walton
Ragan
Rawlins Rees Reid of Carroll Reid of Wilcox Rountree Rowland Sabados Salter Sanders Sapp Sartain
Scruggs
Simmons Smith of Dodge

Smith of Henry Striplin Sutton Swindle Tapp
Tate Todd Thomas Trapnell Trippe Turner Vickery Walton Warnock Watkins Weaver Whaley Whipple Whitaker Williams of Bacon
Williams of :rones
Wilson Yeomans Zellner

Those voting in the negative were Messrs.:

Brown of Peach Candler
Clements Cohen
Dean Culpepper of Fayette
Dollar

Dunn Harrell of Brooks Hayes Hill of Screven Hodges :Jones of Brantley
Kirbo

Morgan Parker Peters Sams Ware Welsch

Those not voting were Messrs.:

Allison Almand Barlow Barnard Barrett Chappell Claxton Cogdell Dampier Daughtry Drinkard

Elliott Erwin Groover Hampton Hastings Houze Leonard Middleton Moore of Baldwin Morris

Patten Peebles Saunders Smith of Muscogee Spence Taunton Wall Wages Warnell Mr. Speaker

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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 154, the nays 20.
The bill having received the requisite constitutional majority was passed, by substitute, as amended.
The following resolution of the House was read and referred to the Committee on Rules:
By Messrs. Hampton of Fannin, Ellington of Gilmer, and McCravey of Union:-
House Resolution No. 54. A resolution to place House Resolution No. 41-194a, as a special order of business, and for other purposes.
By unanimous consent, House Bill No. 194 was ordered printed.
The following report of the Committee on Rules was submitted and read:
Mr. Speaker:
Your Vice-Chairman of the Committee on Rules having had under consideration the fixing of a calendar as a special and continuing order of business immediately following the consideration of House Bill No. 3 known as the bus and truck tax bill has authorized me to report the following order of business to begin immediately after the consideration of the bill now before the House.
1. Senate Bill No.2 known as homestead exemption bill. 2. House Bill No. 43 known as the soft drink bill.
The last matter being placed on the calendar for the purpose of considering the minority report.
SuTToN of Wilkes, Vice-Chairman.
Mr. Sutton of Wilkes moved that the House do now adjourn, and the motion prevailed.
Leaves of absence were granted to Messrs. Goff of Tift, Freeman of Bibb, Patten of Cook, and Vickery of Charlton.
The Speaker announced the House adjourned until tomorrow morning at 10:00 o'clock.

THURSDAY, DECEMBER 9, 1937.

341

REPRESENTATIVE HALL, ATLANTA, GA.,

FRIDAY, DECEMBER 10, 1937.

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

Culpepper of Fayette

Allison

Culpepper of Mitchell

Almand

Dampier

Ansley

Daves

Bargeron

Davis

Barlow

Deal

Barnard

Dean

Barrett

DeFoor

Batchelor

Dollar

Beck

Douglass

Blease

Drake

Bond

Drinkard

Booth

Dugas

Bradley

Dukes

Brewton

Dunn

Bridges

Durden

Brooks of Jackson

Edwards

Brooks of Oglethorpe Ellington

Brown of Greene

Elliott

Brown of Peach

Ennis

Campbell

Erwin

Candler

Etheridge

Carmichael of Cobb

Evans

Carmichael of Randolph Ferguson

Clark

Field

Clary

Fitts

Claxton

Flanders

Clements

Fowler

Cochran

Gammage

Cogdell

Gary

Cohen

Gavin

Coleman

Goff

Corbett

Grayson

Coxon

Gross

Croker

Groover

Grubbs GUYton Hamby Hampton Hand Harden Harrell of Brooks Harrell of Irwin Harris Harrison Hart Harvey Hastings Hayes Hendrix Herndon Herrin Hill of Clarke Hill of Screven Hodges Hogg Hollis Holt Home Houston Houze Jackson Joel Johnson Jones of Bartow Jones of Brantley Jones of Dodge Jones of Elbert Jones of Jenkins Keel

342

JoURNAL OF THE HousE,

Kendrick Key Kirbo Lanham Lanier Larsen Leonard Lewallen Lewis Mankin Manry Marshall Martin Mavity McCracken McCravey McGehee McGraw McNall Middleton Milam Moore of Haralson Moore of Lumpkin Moore of Taliaferro Morgan Morris Moss Mundy Musgrove Newby Newton

Oden Palmour Parker Patten Perry Peters Phiillps Pilcher Pirkle Pound Preston of Bulloch Preston of Walton Ragan Rawlins Rees Reid of Carroll Reid of Wilcox Rountree Rowland Sabados Salter Sams Sanders Sapp Sartain Saunders Scruggs Simmons Smith of Dodge Smith of Henry Smith of Muscogee

Spence Striplin Sutton Swindle Tapp Tate Taunton Todd Thomas Trapnell Trippe Turner Wall Wages Walton Ware Warnell Warnock Watkins Weaver Welsch Whaley Whipple Whitaker Williams of Bacon Williams of Jones Wilson Yeomans Zellner Mr. Speaker

Mr. Coleman of Lowndes, Acting Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

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

1. Introduction of bills and resolutions under the rules of the House.

FRIDAY, DECEMBER 10, 1937.

343

2. Reports of standing committees.
3. Second reading of bills and resolutions, favorably reported.
4. Third reading and passage of local uncontested bills and resolutions.
5. First reading and reference of Senate bills and resolutions.
By unanimous consent, the following bills and resolutions of the House were intraduced, read the first time, and referred to the committees:
By Mr. Welsch of Cobb-
House Bill No. 248. A bill to be entitled an Act to amend the Code of Georgia of 1933, providing for the method of application for a marriage license, and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Dean of Rockdale-
House Bill No. 249. A bill to be entitled an Act to levy a tax of one cent per gallon on the sale of gasoline, in addition to the taxes now levied, and for other purposes.
Referred to Committee on Ways and Means.
By Messrs. Hamby of Rabun, Booth of Barrow, and Gross of Stephens-
House Bill No. 250. A bill to be entitled an Act to amend the Code of Georgia of 1933, by changing the time required for desertion from three years to one year, and time required to establish a residence in this State from one year to thirty days, and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Booth of Barrow-
House Bill No. 251. A bill to be entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenue for the County of Barrow, and for other purposes.
Referred to Committee on Counties and County Matters.

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By Mr. Oden of Pierce-
House Bill No. 252. A bill to be entitled an Act to repeal an Act of 1931, Georgia Laws of 1931, abolishing the offices of Tax Collector and Tax Receiver in and for the County of Pierce, and creating in their stead a County Tax Commissioner, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Oden of Pierce-
House Bill No. 253. A bill to be entitled an Act to create the offices of Tax Receiver and Tax Collector for Pierce County, and for otb.er purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Lanham, Keel, and Davis of Floyd-
House Bill No. 254. A bill to be entitled an Act to amend an Act creating a new charter and municipal government for the City of Rome, in Floyd County, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Croker of Paulding-
House Bill No. 255. A bill to be entitled an Act to amend the Code of Georgia of 1933, by changing the percentage of tax imposed and the scale of income taxes, and for other purposes.
Referred to Committee on Ways and Means.
By Mr. Rawlins of Ben Hill-
House Bill No. 256. A bill to be entitled an Act to amend an Act of 1937 which Act deals with the manner of selecting members of the County Board of Education in certain designated counties, and for other purposes.
Referred to Committee on Education No. 1.
By Mr. Martin of Jeff Davis-
House Bill No. 257. A bill to be entitled an Act to repeal an Act of 1901 creating and/or establishing a public school system

FRIDAY, DECEMBER 10, 1937.

345

in the Town of Hazlehurst, in the County of Jeff Davis, and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Salter of Baker and Bridges of Early-
House Bill No. 258. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding a certain road m Baker and Early Counties, and for other purposes.
Referred to Committee on Public Highways No.2.
By Mr. Whaley of Telfair-
Hause Bill No. 259. A bill to be entitled an Act to abolish the offices of Tax Receiver and Tax Collector of Telfair County; to create the office of Tax Commissioner; and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Grubbs of Crisp, Cochran of Thomas, Houston of Worth, Hogg of Marion, Perry of Worth, Ware of Troup, Corbett of Atkinson, and Bradley of Tattnall-
House Bill No. 260. A bill to be entitled an Act to appropriate to the Executive Department, for each of the fiscal years 19371938 and 1938-1939, the sum of $100,000 to be used in the prevention, control, and eradication of dangerous insects and plant diseases, and for other purposes.
Referred to Committee on Special Appropriations.
By Messrs. Williams of Bacon and Oden of Pierce-
House Bill No. 261. A bill to be entitled an Act to increase the mileage of the State Aid Road System by the addition thereto of a highway to be known as "Alma to Blackshear Road," in Bacon and Pierce Counties, and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Parker and Barlow of Colquitt-
House Bill No. 262. A bill to be entitled an Act to amend an Act creating a new charter for the City of Moultrie, in the County of Colquitt, and for other purposes.

346

JouRNAL OF THE HousE,

Referred to Committee on Municipal Government.
By Messrs. Lewallen of Banks, Phillips and Palmour of Hall-
House Bill No. 263. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding certain mileage in Banks and Hall Counties, and for other purposes.
Referred to Committee on Public Highways No.2.
By Messrs. Sams, Candler, and Turner of DeKalb-
House Bill No. 264. A bill to be entitled an Act to propose to the qualified voters of the State of Georgia an amendment to the Constitution of Georgia, to abolish all State ad valorem tax upon real estate except where necessary to provide for repelling invasion, suppressing insurrection, or defending the State in time of war, and for other purposes.
Referred to Committee on Amendments to Constitution 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 constitutional majority the following bills of the House, to-wit:
By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton-
House Bill No.4. A bill to amend the State Highway Mileage Act by adding certain roads to the State Aid System, and for other purposes.
By Mr. Zellner of Monroe-
House Bill No. 7. A bill codifying the incorporating Acts of the City of Forsyth and providing for a Commission form of Government, and for other purposes.
By Mr. Zellner of Monroe-
House Bill No. 8. A bill to amend an Act incorporating the City of Forsyth, and for other purposes.
By Mr. Sapp of Coffee-
House Bill No. 10. A bill to amend the State Highway Mile-

FRIDAY, DECEMBER 10, 1937.

347

age Act by adding additional mileage to the State Aid System, and for other purposes.
By Mr. Etheridge of Houston-
House Bill No. 18. A bill to amend the State Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Mr. Mavity of Walker-
House Bill No. 19. A bill to amend the State Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Messrs. Harrell and Blease of Brooks-
House Bill No. 21. A bill authorizing the Board of City Commissioners of Quitman to provide an ad valorem tax on all real and personal property within the corporate limits, and for other purposes.
By Messrs. Cohen, Grayson, and McNall of Chatham-
House Bill No. 29. A bill amending Code Section 92-4001, allowing towns and cities to create boards of tax appeals, and for other purposes.
By Mr. Cogdell of Glynn-
House Bill No. 36. A bill to amend the State Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Mr. Gross of Stephens-
House Bill No. 62. A bill amending the Act creating the City Court of Stephens, and for other purposes.
By Mr. Hamby of Rabun-
House Bill No. 76. A bill to grant permission for the City of Clayton to increase its bonded indebtedness from seven to ten per cent, and for other purposes.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:

348

JouRNAL oF THE HousE,

Mr. Speaker:

The Senate has passed by the requisite constitutional majority the following bills of the Senate, to-wit:

By Senators Forrester of the 44th District, Johnson of the 42nd District, and Spivey of the 16th District-

Senate Bill No. 20. A bill to amend the Highway Mileage Act

by adding additional mileage to the State Aid System, and for

other purposes.



By Senators Fowler of the 39th District and Hampton of the 41st District-

Senate Bill No. 25. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.

By Senator Horne of the lOth District-

Senate Bill No. 32. A bill to amend the Traylor-Neill Act by adding additional mileage, and for other purposes.

By Senators Kimbrough of the 25th District and Neely of the 36th District-

Senate Bill No. 34. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.

By Senators Spivey of the 16th District, Pope of the 7th District, and Atkinson of the 1st District-

Senate Bill No. 36. A bill to expedite the repair and contraction of eleemosynary institutions by providing for debentures, etc., to be issued under the direction of the Governor, 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:

FRIDAY, DECEMBER 10, 1937.

349

By Senator Hampton of the 41st District-
Senate Resolution No. 19. A resolution authorizing the Governor to contract with the Tennessee Copper Company with reference to the United States Supreme Court litigation, 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 substitute, as amended, by the requisite constitutional majority the following bill of the House, te-wit:
By Messrs. Gammage of Terrell, Hodges of Liberty, McCracken of Jefferson, Rawlins of Ben Hill, and Mrs. Coxon of Long-
House Bill No. 82. A bill to create a State Stabilization Fund, and for other purposes.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:
Mr. Speaker:
The Senate has passed, as amended, by the requisite constitutional majority the following bill of the House, te-wit:
By Messrs. Houston and Perry of Worth-
House Bill No. 64. A bill to amend an Act to create a new charter for the City of Sylvester, and for other purposes.
Mr. Cogdell of Glynn 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 Vice-Chairman, to report the same back to the House with the following recommendations:
House Bill No. 236. Do pass.

350

JouRNAL OF THE HousE,

House Bill No. 237. Do pass, by substitute.
Respectfully submitted, CoGDELL of Glynn, Vice-Chairman.
Mr. Sartain of Walker County, Chairman of the Committee on Engrossing, submitted the following report:
Mr. Speaker:
Your Committee on Engrossing has examined, found properly engrossed, and ready for transmission to the Senate, the following bills of the House, to-wit:
House Bills Nos. 3, 187, 201.
Respectfully submitted, SARTAIN of Walker, Chairman.
Mr. Groover of Troup County, Chairman of the Committee on Enrolling, submitted the following report:
Mr. Speaker:
Your Committee on Enrolling has examined, found properly enrolled, and ready for transmission to the Governor, the following bills of the House, ta-wit:
House Bill No. 1. Respectfully submitted, GROOVER of Troup, Chairman.
Mr. Cochran of Thomas County, Chairman of the Committee on General Agriculture No.2, submitted the following report:
Mr. Speaker:
Your Committee on General Agriculture No.2 have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the House with the following recommendation:
House Bill No. 170. Do pass.
Respectfully submitted, CocHRAN of Thomas, Chairman.

FRIDAY, DECEMBER 10, 1937.

351

Mr. McCracken of Jefferson 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 Senate and have instructed me, as Chairman, to report the same back to the House with the following recommendations:
Senate Bills Nos. 24, 23, and 14. Do pass.
Respectfully submitted,
McCRACKEN of Jefferson, Chairman.
Mr. McCracken of Jefferson 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 Bills Nos. 222, 239, 230, 231, 223. Do pass.
Respectfully submitted,
McCRACKEN of Jefferson, Chairman.
Mr. Grayson of Chatham 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 Senate and have instructed me, as Chairman, to report the same back to the House with the following recommendation:
Senate Bill No. 7. Do pass.
Respectfully submitted,
GRAYSON of Chatham, Chairman.

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JouRNAL oF THE HousE,

Mr. Gross of Stephens County, Chairman of the Committee

on Public Highways No. 1, 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. 111. Do not pass.

Respectfully submitted,

GRoss of Stephens, Vice-Chairman.

Mr. Pound of Hancock 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 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. 238. Do pass.

Respectfully submitted,

PouND of Hancock, Chairman.

Mr. Trapnell of Candler 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. 65. Do pass, by substitute. House Bill No. 144. Do not pass. House Bill No. 156. Do pass.
Respectfully submitted,

TRAPNELL of Candler, Chairman.

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353

Mr. Harrell of Brooks County, Vice-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 Vice-Chairman, to report the same back to the House with the following recommendation:
House Bill No. 26. Do pass, by substitute.
Respectfully submitted,
HARRELL of Brooks, Vice-Chairman.
By unanimous consent, the following bills of the House and Senate, favorably reported, were read the second time:
By Senator Pruett of the 32nd District-
Senate Bill No. 7. A bill to be entitled an Act to amend the 1933 Code of Georgia, defining widows of veterans who are entitled to pensions, and for other purposes.
By Senator Brock of the 37th District-
Senate Bill No. 14. A bill to be entitled an Act amending the charter of the City of Carrollton, and for other purposes.
By Senator Shedd of the 3rd District-
Senate Bill No. 23. A bill to be entitled an Act to repeal an Act incorporating the City of Jesup, and for other purposes.
By Senator Shedd of the 3rd District-
Senate Bill No. 24. A bill to be entitled an Act to create a new charter for the City of Jesup, and for other purposes.
By Messrs. Parker of Colquitt, Preston of Bulloch, Lanier of Richmond, and others-
House Bill No. 26. A bill to be entitled an Act to levy taxes on certain classes of intangible property, and for other purposes.
By Mr. Harris of Spalding-
House Bill No. 65. A bill to be entitled an Act relating to

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collection of tax fi. fas. by sheriffs, tax collectors, and tax commissioners, and for other purposes.
By Mr. Thomas of Chattooga-
House Bill No. 156. A bill to be entitled an Act to amend an Act reducing the bond of the Sheriff of Chattooga County, and for other purposes.
By Messrs. Joel of Clarke, Reid and Beck of Carroll, Newby of Twiggs, Striplin of Heard, Rowland of Johnson, and Hampton of Fannin-
House Bill No. 170. A bill to be entitled an Act to amend an Act relating to fertilizers, and for other purposes.
By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton-
House Bill No. 222. A bill to be entitled an Act to amend the charter of the City of College Park, and for other purposes.
By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton-
House Bill No. 223. A bill to be entitled an Act to amend an Act creating a new charter for the City of Atlanta, and for other purposes.
By Messrs. Cohen, Grayson, and McNall of Chatham-
House Bill No. 230. A bill to be entitled an Act to amend the several Acts relating to the incorporation of the Mayor and Aldermen of the City of Savannah, and for other purposes.
By Mr. Harrell of Brooks-
House Bill No. 231. A bill to be entitled an Act to amend an Act creating a new charter for the City of Quitman, and for other purposes.
By Mr. Dollar of Grady-
House Bill No. 236. A bill to be entitled an Act to repeal an Act establishing a Board of Commissioners of Roads and Revenues for Grady County, and for other purposes.
By Mr. Dollar of Grady-
House Bill No. 237. A bill to be entitled an Act to create a

FRIDAY, DECEMBER 10, 1937.

355

Board of Commissioners of Roads and Revenues for the County of Grady, and for other purposes.
By Mr. McCracken of Jefferson-
House Bill No. 238. A hill to he entitled an Act to amend the Highway Mileage Act by adding a certain road to the System of State Aid Roads, and for other purposes.
By Mr. Bennett of Ware-
House Bill No. 239. A bill to he entitled an Act to amend an Act creating a new charter for the City of Waycross, 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. Tapp of Gwinnett-
House Bill No. 205. A hill to be entitled an Act to create a new charter for the City of Buford, and for other purposes.
The report of the committee, which was favorable to the passage of the hill, was agreed to.
On the passage of the bill, the ayes were 103, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Harris and Milam of Spalding-
House Bill No. 208. A hill to he entitled an Act to amend an Act in reference to the charter of the City of Griffin, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, the nays 0. The bill having received the requisite constitutional majority was passed.
By Mr. Yeomans of Wayne-
House Bill No. 212. A hill to he entitled an Act to amend an Act establishing the City Court of Jesup, and for other purposes.

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The report 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, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Elliott, Smith, and Leonard of Muscogee-
House Bill No. 220. A bill to be entitled an Act to amend an Act amending the charter of the City of Columbus, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, the nays 0.
The bill having received the requisite constitutional majority was passed.
By unanimous consent, the following bills and resolutions of the Senate were read the first time and referred to the committees:
By Senator Hampton of the 41st District-
Senate Resolution No. 19. A resolution authorizing the Governor to contract with the Tennessee Copper Company with reference to matter now pending in the United States Supreme Court, and for other purposes.
Referred to Committee on Counties and County Matters.
By Senator Harrell of the 12th District-
Senate Bill No. 19. A bill to be entitled an Act to provide that the amount of all income taxes paid by a citizen of Georgia to the Federal Government shall be allowed as a deduction from income tax due and payable to the State of Georgia, and for other purposes.
Referred to Committeee on Ways and Means.
By Senators Forrester of the 44th District, Johnson of the 42nd District, and Spivey of the 16th District-
Senate Bill No. 20. A bill to be entitled an Act to amend the

FRIDAY, DECEMBER 10, 1937.

357

Highway Mileage Act by adding additional mileage to the State Aid System of Roads, and for other purposes.
Referred to Committee on Public Highways No.2.
By Senator Phillips of the 29th District-
Senate Bill No. 22. A bill to he entitled an Act to provide for compensation to clerks of courts and sheriffs in counties having a population of not less than 8,790 nor more than 8,810, and for other purposes.
Referred to Committee on Special Judiciary.
By Senators Fowler of the 39th District and Hampton of the 41st District-
Senate Bill No. 25. A hill to be entitled an Act to amend the Highway Mileage Act by adding additional mileage to the State Aid System of Roads, and for other purposes.
Referred to Committee on Public Highways No.2.
By Senator Atkinson of the 1st District-
Senate Bill No. 27. A hill to be entitled an Act to amend an Act to abolish the office of County Treasurer in and for Chatham County; to prescribe additional duties for the County Commissioners and Ex-Officio Judges of Chatham County re duties heretofore imposed upon Treasurer of said County; to make prOvision for the handling and disbursement of all County Funds; to provide for a County Depository and Disbursing Clerk; and for other purposes.
Referred to Committee on Counties and County Matters.
By Senator Horne of the lOth District-
Senate Bill No. 32. A hill to be entitled an Act to amend the Highway Mileage Act by adding additional mileage to the State Aid System of Roads, and for other purposes.
Referred to Committee on Public Highways No.2.
By Senators Kimbrough of the 25th District and Neely of the 36th District-
Senate Bill No. 34. A bill to be entitled an Act to amend the

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Highway Mileage Act by adding additional mileage to the State Aid System of Roads, and for other purposes.
Referred to Committee on Public Highways No.2.
By Senators Spivey of the 16th District, Pope of the 7th District, and Atkinson of the 1st District-
Senate Bill No. 36. A bill to be entitled an Act to expedite the repair, improvement and construction of buildings, etc., of Eleemosynary Institutions by providing for debentures, etc., to be issued under direction of the Governor, and for other purposes.
Referred to Committee on State of Republic.
By unanimous consent, the following bill of the House was withdrawn from further consideration of the House:
By Mr. Yeomans of Wayne-
House Bill No. 160. A bill to be entitled an Act to create a new charter for the City of Jesup, and for other purposes.
The following resolutions of the House were read and adopted:
By Messrs. Culpepper of Fayette, Weaver of Bibb, Evans of McDuffie, Clements of Wheeler, Williams of Jones, and Daves of Dooly-
House Resolution No. 55. A Resolution. Whereas, Hon. A. W. Daughtry, a member of this body from the County of Wilkinson, is ill in the Greenville, South Carolina Hospital.
Whereas, Mr. Daughtry is one of the most capable and conscientious men of this House.
Therefore, be it resolved by the House that we extend our sympathy to Mr. Daughtry and wish for him a speedy recovery and return to this body.
By Messrs. Elliott, Leonard, and Smith of Muscogee-
House Resolution No. 56. A Resolution. Whereas by resort to devious means and through the exercise of artful practices, one of the numerous self appointed detectives of this House has brought to the attention of this House, that one of its most esteemed and dearly beloved members, namely, the Gentleman

FRIDAY, DECEMBER 10, 1937.

359

from Paulding, the Hon. Benjamin Elijah Croker, has on this day reached the venerable and respected age of 70 years, and;
Whereas those three score years and ten have been marked by deeds of unselfish service to his State and community, achieved through constant and unswerving devotion to the duties of his office, not only as a representative of his people in the General Assembly of the State, but also as Justice of the Peace, Ordinary of Paulding County, Superintendent of Roads, Paulding County, Postmaster and member of the Board of Education of the City of Dallas, Georgia, and;
Whereas the said Gentleman from Paulding is universally honored, publicly respected, personally admired and by every member of this House, affectionately regarded, and;
Whereas it is the wish and prayer of this House that the Gentleman from Paulding may enjoy health and happiness as one of its members for many years to come, therefore;
Be it resolved by this House that it do express to the Gentleman from Paulding, its best wishes and that, further, by the adoption of this resolution, convey to him our congratulations appropriate to this happy occasion.
The following bill of the House was placed on the calendar for the purpose of considering the unfavorable report of the committee:
By Messrs. Evans of McDuffie, Brown of Peach, Newby of Twiggs, McCravey of Union, Moss of Gordon, Rees of Webster, Dukes and Scruggs of Washington, Rowland of Johnson, Guyton of Effingham, Beck of Carroll, and Wages of Jackson-
House Bill No. 111. A bill to be entitled an Act to amend the Code so as to allocate one additional cent of the 6 cent gas tax to the several counties of this State, and for other purposes.
The report of the Committee on Rules, submitted yesterday, was again read, and adopted.
By unanimous consent, the following resolution of the House was withdrawn from further consideration of the House:

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By Messrs. Lewis and Bargeron of Burke-
House Resolution No. 20. A resolution providing for the appointment of a committee from the House to investigate certain affairs of the State Department of Public Welfare in regard to aid to dependent children, and for other purposes.
Mr. Sabados of Dougherty arose to a question of personal privilege and addressed the House.
The following resolution of the House was taken from the table and again read:
By Mr. Elliott of Muscogee-
House Resolution No. 49. A resolution requesting the State Auditor to supplement the report heretofore filed by him, by filing an additional report setting forth compiled totals according to departments, divisions, commissions, bureaus, boards, and every State governmental agency of whatever nature, etc.
The following amendment to the resolution was read and adopted:
Mr. Elliott of Muscogee moves to amend House Resolution No. 49 by striking therefrom the words and figures "Saturday, December 11, 1937" and substituting therefor the words and figures" Monday, December 13, 1937."
The resolution, as amended, was adopted.
Mr. Booth of Barrow moved that House Bill No. 43 be printed.
Mr. Booth of Barrow asked unanimous consent to withdraw his motion, and objection was heard.
The motion to print was lost.
Under the order of business established by the Committee on Rules, the following bill of the Senate was taken up for consideration and read the third time:
By Senators Spivey of the 16th District, Atkinson of the 1st District, Pope of the 7th District, and Purdom of the 46th District-
Senate Bill No. 2. A bill to be entitled an Act to provide for

FRIDAY, DECEMBER 10, 1937.

361

homestead exemption from taxation; to fix the amount of said exemption; to determine the value of the homestead; and for other purposes.
The following committee substitute to Senate Bill No. 2 was read:
By the Committee:

COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 2
To be entitled an Act to provide for homesteads exempt from certain taxation; to fix the amount of said exemption; to determine the value and eligibility of the homestead; to prescribe rules and regulations for setting aside exemptions; to provide for the keeping of the record of such exemption; to provide for homestead exemption application blanks; to prOvide for a fee when application is filed; to provide for the approval of such exemption; to define offenses and fraudulent acts; and to affix punishment and penalties for such offenses; and to repeal existing laws in conflict, and a separability clause, and for other purposes.
Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same:
Section 1. Beginning January 1, 1938, and for the years thereafter, there shall be exempted from all taxation for State, County and school purposes, the homestead of each resident of this State actually occupied by the owner as a residence and homestead, to the value of Two Thousand ($2,000.00) Dollars and only so long as occupied by the owner primarily and in good faith as such, the said amount of Two Thousand Dollars, ($2,000.00), value to be exempted from taxation as hereinafter prOvided.
Sec. 2. The person seeking said exemption shall, on or before April 1st of the year in which exemption from taxation is sought, file a written application and schedule with the County Tax Receiver or Tax Commissioner charged with the duty of receiving returns of property for taxation. The failure to so file said application and schedule as provided herein shall constitute a waiver upon the part of such person failing to make said application for exemption for said year.

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Sec. 3. The application provided for in this Act shall be furnished to the County Tax Receiver or Tax Commissioner, as the case may be, of the various counties by the Comptroller General of Georgia, not later than February 1st of each year. Said application shall provide for a statement of ownership of said homestead, a complete description of the property on which homestead exemption is claimed, when and from whom acquired, the kind of title held, the amount ofliens and to whom due, if any, and for the approval of said application by th~ person so authorized. A form of oath shall be provided and shall be administered to the person seeking the home exemption. Said oath may be administered and witnessed by the County Tax Receiver, Tax Commissioner or any authorized deputy of either or any person authorized by law to administer oaths. The County Tax Receiver or Commissioner shall deliver to any interested person the forms herein prescribed. The applicant must answer all questions correctly to be entitled to an approval of said application.
Sec. 4. The Tax Receiver or Commissioner shall receive all applications for homestead exemption and shall file and preserve the same. Said application shall be filed with said Tax Receiver or Commissioner as herein provided. Said applicant shall at the time said application is filed pay to the official receiving same a fee of One Dollar ($1.00) for the first application and a fee of Fifty Cents ($0.50) for each subsequent application provided there has been no change in the ownership of the property of the eligibility of the applicant. Said fees shall be retained by said Receiver or Commissioner, except in those counties in which the Receiver or Commissioner is paid a salary.
Sec. 5. The official receiving said applica.tion shall determine the eligibility of the applicant to claim the exemption provided for herein and, whether said application is approved or disapproved, he shall then transfer same to the County Board of Tax Assessors for final determination by said Board as to eligibility and value as fixed in this Act. The applicant shall have the right of appeal to the Superior Court of the county in which the land lies from the decision of the Board of Assessors upon all questions of law or fact, provided the appeal is filed with the Clerk of the Superior Court within ten days from the receipt of written notice from said Board of the disapproval of or any change in the

FRIDAY, DECEMBER 10, 1937.

363

application. If, during the pendancy of any such appeal, taxes shall become due and payable, the applicant shall pay the amount claimed into a registry designated by said court, to be there held pending final determination of said appeal. Failure to pay said sum within the time fixed by the Court shall result in a dismissal of said appeal instanter.
Sec. 6. It is hereby provided, however, that the property declared to be exempted under the terms of this Act, shall not be exempted from the payment of interest on or retiring bonded indebtedness as provided in the Constitution of Georgia.
Sec. 7. As used in this Act homestead means real property owned by the applicant and who is in possession thereof and upon which said applicant resides and to which he or she has a right to said possession under bona fide claim of ownership.
Sec. 8. That the word "homestead" whenever used in this Act shall mean and is defined to be the following:
(a) The actual permanent place of residence of a person who is the applicant and which constitutes the home of the family.
(b) Where the person who is the applicant holds the bona fide fee title (although subject to mortgage or debt deed) or an estate for life.
(c) Where the building is occupied primarily as a dwelling.
(d) Where the children of deceased or incapacitated parents occupy the homestead of their said parents, and one of them stands in the relation of applicant, whether the estate is distributed or not.
(e) Where a husband or wife occupy a dwelling, and the title of the homestead is in the name of the wife.
(f) In the event a dwelling house, classed as a homestead under the provisions of this Act, be destroyed by fire, flood, storm or other unavoidable accident, or be demolished or repaired so that the owner be compelled to temporarily reside in another place, it shall continue as a homestead for the period of one year after such occurrence.

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(g) In the event a person who is the applicant owns two or more dwelling houses, he shall be allowed the exemption granted by this Act on only one; and only one homestead shall be allowed to one immediate family group.
(h) In all the classes above defined, the homestead exempted must be actually occupied as the permanent residence and place of abode by the person awarded the exemption, and such homestead shall be the legal residence and domicile of such person for all purposes whatsoever.
Sec. 9. That the word" applicant" whenever used in this Act, shall mean and is defined to be the following:
(a) A married person living with husband or wife.
(b) A person who is unmarried but permanently maintains a home for the benefit of one or more persons who are morally or through relation to him or her dependent wholly or in part upon him or her for support.
(c) A widow or widower having one or more children and maintaining a home occupied by them.
(d) A divorced husband or wife living in a bona fide state of separation, and having legal custody of one or more of their children owns and maintaining a home for the said child or children.
(e) A person who is unmarried, or who is a widow or widower, and who permanently maintains a home owned and occupied by himself or herself.
Sec. 10. The value of the homestead as finally determined shall be credited with the exemption provided by law on the basis of the approved and assessed values fixed in each county in this State for the year 1937 (unless improved after January 1, 1937); to be returned for taxation as other real estate. The homestead value, exemption and difference, if any, to be shown on the owners tax return and the correctness thereof to be approved on said return as herein provided.
Sec. 11. That if any person make any false or fraudulent claim for exemption under the provisions of this Act, or make any

FRIDAY, DECEMBER 10, 1937.

365

false statement or false representation of a material fact in support of such claim; or any person who knowingly assists another in the preparation of any such false or fraudulent claim, or enters into any collusion with another by the execution of a fictitious deed, deed of trust, mortgage, or otherwise, shall be guilty of a misdemeanor and upon conviction thereof, shall be fined not more than One Thousand ($1,000.00) Dollars or be confined not more than twelve months upon the public works, or any other place provided for convicts, or be both fined and imprisoned in the discretion of the court. And in addition, such property shall be taxed in an amount double the tax otherwise to be paid.
Sec. 12. Be it further enacted that the homesteader as herein defined may likewise make application for homestead exemption to the municipalities on property claimed exempt within the municipalities from any municipal school tax. Said application shall be made to the person in said municipality receiving the returns of property for ad valorem taxes and the same procedure followed in applying for the home exemption to the counties as set out herein shall likewise apply to such municipalities which levy a school tax with the right of appeal by applicant as set out herein. Provided, however, at the time said application is filed the applicant shall pay to the official receiving same the fee of Fifty Cents ($0.50) for the first application and a fee of Twenty-Five Cents ($0.25) for each subsequent application, provided there is no change in ownership or eligibility of the person clajming the property as exempt, which said fee shall be paid into the treasury of said municipality. Provided, however, that the homesteader must file his application for exemption of municipal school tax to the proper person by March 1st of each year and his failure to so file by said date shall constitute a waiver of his right to claim homestead for said particular year.
Sec. 13. Nothing in this Act shall affect, alter or impair the law relating to the assessment of property by municipalities, nor the collection of taxes by municipalities; nor the sale of property for taxes by municipalities; nor the collection of costs, fees and penalties by municipalities on non exempt property.
Sec. 14. If any provision of this Act or any section thereof is held invalid, the remainder of the Act and the application of such provision shall not be affected thereby.

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Sec. 15. All provisions of law in conflict with this Act are hereby repealed.
Mr. Sabados of Dougherty moved that the House do now adjourn until Monday morning, December 13th, at 10:00 o'clock, and the motion prevailed.
Leaves of absence were granted to Messrs. Moore of Taliaferro, Patten of Cook, and Hayes of Miller.
The Speaker announced the House adjourned until Monday morning at 10:00 o'clock, and Senate Bill No. 2 went over until that time under the order of unfinished business.

MoNDAY, DEcEMBER 13, 1937.

367

REPRESENTATIVE HALL, ATLANTA, GA.,

MoNDAY, DEcEMBER 13, 1937.

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 Rev. W. H. Knight of the Baptist Tabernacle of Atlanta.

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

Adams

Culpepper of Fayette

Allison

Dampier

Almand

Daves

Ansley

Davis

Bargeron

Deal

Barlow

Dean

Barnard

DeFoor

Barrett

Dollar

Batchelor

Douglass

Beck

Drake

Blease

Drinkard

Bond

Dugas

Bradley

Dukes

Brewton

Dunn

Bridges

Durden

Brooks of .Jackson

Edwards

Brooks of Oglethorpe Ellington

Brown of Greene

Elliott

Brown of Peach

Ennis

Campbell

Erwin

Candler

Etheridge

Carmichael of Cobb

Evans

Carmichael of Randolph Ferguson

Clark

Field

Clary

Fitts

Claxton

Flanders

Clements

Fowler

Cochran

Freeman

Cogdell

Gammage

Cohen

Gary

Coleman

Gavin

Corbett

Goff

Coxon

Grayson

Croker

Gross

Grubbs GUYton Hamby Hampton Hand Harden Harrell of Brooks Harrell of Irwin Harris Harrison Hart Harvey Hastings Hendrix Herndon Herrin Hill of Clarke Hill of Screven Hodges Hogg Hollis Holt Home Houston Houze .Jackson .Joel .Johnson .Jones of Bartow .Jones of Brantley .Jones of Dodge .Jones of Elbert .Jones of .Jenkins
Keel

368

JoURNAL OF THE HousE,

Kendrick Key
Kirbo Lanham Lanier Larsen Leonard Lewallen Lewis Mankin Manry
Marshall Martin Mavity McCracken McCravey McGehee McGraw McNall Milam Miller Moore of Haralson Moore of Lumpkin Moore of Taliaferro Morgan Morris Moss Mundy Musgrove Newby Newton

Oden Palmour Parker Perry Peters Phillips Pilcher Pirkle Pound Preston of Bulloch Preston of Walton Ragan Rawlins Rees Reid of Carroll Reid of Wilcox Rountree Rowland Sabados Salter Sams Sanders Sapp Sartain Saunders Scruggs Simmons Smith of Dodge Smith of Henry Smith of Muscogee

Spence Striplin Sutton Swindle Tapp
Taunton Todd Thomas Trapnell Trippe Turner :Vickery Wall Wages Walton Ware Warnell Warnock Watkins Weaver Welsch Whaley Whipple Whitaker Williams of Bacon Williams of Jones Wilson Yeomans Zellner Mr. Speaker

Mr. Harrell of Brooks, Acting Chairman of the Committee on Journals, reported that the Journal of last Friday'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.

MoNDAY, DEcEMBER 13, 1937.

369

2. Reports of standing committees.
3. Second reading of bills and resolutions, favorably reported.

4. Third reading and passage of local uncontested bills

and resolutions.



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. Bradley of Tattnall-

House Bill No. 265. A bill to be entitled an Act amending "An Act to provide for confirmation of sales under foreclosure proceedings on real estate," and for other purposes.
Referred to Committee on General Judiciary No.2.

By Mr. Marshall of Macon-

House Bill No. 266. A bill to he entitled an Act to provide for taking possession of automobiles by giving bond when same are seized under the Code of Georgia, and for other purposes.

Referred to Committee on General Judiciary No. 1.

By Mr. Harris of Richmond-

House Bill No. 267. A bill to be entitled an Act amending certain paragraphs of General Tax Act, approved March 28, 1935; and to provide for corporation license fees; and for other purposes.
Referred to Committee on Ways and Means.

By Mr. DeFoor of Mcintosh-

House Bill No. 268. A bill to be enti tied an Act to levy tax on every person, firm or corporation in the insurance business, and to provide for exemptions from said tax, and for other purposes.

Referred to Committee on Corporations.

370

JouRNAL OF THE HousE,

By Mrs. Mankin, Messrs. Kendrick and Hastings of Fulton-
House Bill No. 269. A bill to be entitled an Act to amend an Act to incorporate the City of Hapeville, Fulton County, Georgia, and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Jones of Elbert, Hampton of Fannin, and Evans of McDuffie-
Hause Resolution No. 57-269a. A resolution to pay Hon. Zach D. Cravey and other employees, certain salaries and expenses legally due them, and for other purposes.
Referred to Committee on Appropriations.
By Mr. McGraw of Meriwether-
Hause Bill No. 270. A bill to be entitled an Act to reduce the bond of the Sheriff of Meriwether County, Georgia, from the amount of ten thousand dollars to five thousand dollars, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Johnson of Chattahoochee-
House Bill No. 271. A bill to be entitled an Act to amend an Act creating a new Board of Commissioners for the County of Chattahoochee, and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Coleman and Houze of Lowndes-
House Bill No. 272. A bill to be entitled an Act to amend an Act of 1901, (Georgia Laws) incorporating the City of Valdosta, and all Acts amendatory. thereof, and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Cochran of Thomas and Houze of Lowndes-
House Bill No. 273. A bill to be entitled an Act to define the terms hereof; to fix the duty of administering this Act upon the Commissioner of Agriculture; to provide an annual license for wholesale fish dealers; and for other purposes.

MoNDAY, DECEMBER 13, 1937.

371

Referred ~o Committee on Game and Fish.
By Messrs. Coleman and Houze of Lowndes-
House Bill No. 274. A bill to be entitled an Act to amend an Act of the Georgia Laws of 1935, approved March 28, 1935, Paragraphs 14 and 59, Pages 17 and 38 of the General Tax Act, and for other purposes.
Referred to Committee on Ways and Means.
By Mr. Musgrove of Clinch-
House Bill No. 275. A bill to be entitled an Act to amend an Act of 1918, Georgia Laws 1918, by providing that all provisions of said Act as amended shall apply to and include all farm, orchard or natural products including naval stores; to provide for the issuance of negotiable receipts by the State Warehouse Commissioners; and for other purposes.
Referred to Committee on State of Republic.
By Mr. Ennis of Baldwin-
House Bill No. 276. A bill to be entitled an Act to amend an Act establishing a new charter for the City of Milledgeville, in Baldwin County, and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Ennis of Baldwin and Lanier of Richmond-
House Bill No. 277. A bill to be entitled an Act to amend an Act of 1937, which allocates the revenue derived from the chain store taxes to the eleemosynary institutions, by making a specific appropriation of said funds for the purpose of constructing, repairing and maintaining buildings and grounds, purchasing equipment, materials and labor, and for other purposes.
Referred to Committee on State of Republic.
By Messrs. Ennis of Baldwin and Lanier of Richmond-
House Bill No. 278. A bill to be entitled an Act to amend the General Appropriations Act for the year ending 1939, (Georgia Laws, 1937) by adding a new section exempting the revenue derived from the Chain Store Tax Act of 1937, which

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suspends allocated revenue where fixed sum appropriations are made, and for other purposes.
Referred to Committee on Appropriations.
By Messrs. Allison and Tapp of Gwinnett-
House Bill No. 279. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding a certain road in the County of Gwinnett, and for other purposes.
Referred to Committee on Public Highways No.2.
By Mr. Sams of DeKalb-
House Bill No. 280. A bill to be entitled an Act to amend the Code of Georgia of 1933, relating to a tax on tee cream dealers, and for other purposes.
Referred to Committee on Ways and Means.
By Messrs. Grayson, MeNall, and Cohen of Chatham-
House Bill No. 281. A bill to be entitled an Act to amend the charter of the City of Savannah, in Chatham County, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Oden of Pierce-
House Bill No. 282. A bill to be entitled an Act to reduce the official bond of the Sheriff of Pierce County, from $10,000 to $5,000, and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Carmichael of Cobb, Elliott of Muscogee, Turner, Candler, and Sams of DeKalb, Lanier of Richmond, Simmons and Kirbo of Decatur, Grayson of Chatham, Corbett of Atkinson, Mavity of Walker, Jones of Bartow, Weaver and Freeman of Bibb, Hastings of Fulton, Rees of Webster, and Mrs. Coxon of Long.
House Resolution No. 58-282a. A resolution proposing to the qualified voters of Georgia, for ratification or rejection, an amendment to Article 7, Section 1, Paragraph 1, of the Constitution of Georgia to permit the General Assembly to exercise

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373

the power of taxation over the whole State for the purpose of raising funds for the support of the various County and Municipal Governments of the State, and for other purposes.
Referred to Committee on Amendments to Constitution No.1.
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. DeFoor of Mcintosh-
House Bill No. 69. A bill to abolish the City Court of Darien, and for other purposes.
By Mr. Hamby of Rabun-
House Bill No. 75. A bill to create Rabun County City Court; to define its jurisdiction; and for other purposes.
By Mr. Dean of Rockdale-
House Bill No. 90. A bill to amend an Act providing for the Board of County Commissioners of Rockdale County, and for other purposes.
By Mr. Williams of Jones-
House Bill No. 97. A bill to amend the charter of the Town of Gray, and for other purposes.
By Mr. Martin of Jeff Davis-
House Bill No. 127. A bill amending the Act creating a new county out of portions of Appling and Coffee Counties so as to change the time for holding Superior Court in Jeff Davis, and for other purposes.
By Mr. Holt of Appling-
House Bill No. 137. A bill to amend the charter of the City of Baxley, so as to authorize the Mayor and Councilmen to adopt zoning regulations, and for other purposes.

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By Mr. Brooks of Oglethorpe-
House Bill No. 140. A bill extending the office of the Judge of the City Court of Lexington, and for other purposes.
By Messrs. Morgan, Groover, and Ware of Troup-
House Bill No. 168. A bill amending the Act relative to the establishment of the City Court of LaGrange, and for other purposes.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:
Mr. Speaker:
The Senate has passed, as amended, by the requisite constitutional majority the following bill of the House, to-wit:
By Mr. Morris of Douglas-
House Bill No. 118. A bill to amend an Act creating the office of Tax Commissioner of Douglas 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 bills and resolution of the Senate, to-wit:
By Senator Williams of the 5th District-
Senate Bill No. 39. A bill authorizing certain counties to create and establish a retirement fund for teachers and employees of county and city school systems, and for other purposes.
By Senator Millican of the 52nd District-
Senate Bill No. 40. A bill amending an Act establishing a new charter for the City of Atlanta, and for other purposes.
By Senator Millican of the 52nd DistrictSenate Bill No. 41. A bill to amend an Act establishing a
new charter for the City of Atlanta, and for other purposes.

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375

By Senator Shedd of the 3rd District-
Senate Bill No. 46. A bill to amend the Act creating the City Court of Jesup and for other purposes.
By Senator Neely of the 36th District-
Senate Resolution No. 20. A resolution designating Highway No. 85 from Atlanta to Warm Springs, Georgia, the Clark Howell Memorial Highway.
Mr. Lanier of Richmond County, Chairman uf the Committee on Amendments to the Constitution No. 1, submitted the following report:
Mr. Speaker:
Your Committee on Amendments to the Constitution 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. 243. Do pass.
Respectfully submitted,
LANIER of Richmond, Chairman.
Mr. Cogdell of Glynn 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 Vice-Chairman, to report the same back to the House with the following recommendations:
House Bill No. 252. Do pass. House Bill No. 253. Do pass.
Respectfully submitted,
CoGDELL of Glynn, Vice-Chairman.
Mr. Sartain of Walker County, Chairman of the Committee on Engrossing, submitted the following report:

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Mr. Speaker:

Your Committee on Engrossing has examined, found properly engrossed, and ready for transmission to the Senate, the following bills of the House, to-wit:

House Bills Nos. 220, 212, 205.

Respectfully submitted,
SARTAIN of Walker, Chairman.
Mr. Groover of Troup County, Chairman of the Committee on Enrolling, submitted the following report:

Mr. Speaker:

Your Committee on Enrolling has examined, found properly enrolled, and ready for transmission to the Governor, the following bills of the House, to-wit:

House Bills Nos. 4, 7, 8, 10, 12, 18, 19, 21, 29, 35, 36, 45, 62, 63, 76, 86, 99, 119, 168.

Respectfully submitted, GROOVJ::R of Troup, Chairman.

Mr. Watkins of Butts County, Vice-Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:

Your Committee on Motor Vehicles have had under considera-

tion the following bill of the House and have instructed me, as

Vice-Chairman, to report the same back to the House with the

following recommendation:

.

House Bill No. 157. Do pass.

Respectfully submitted, WATKINS of Butts, Vice-Chairman.

Mr. McCracken of Jefferson County, Chairman of the Committee on Municipal Government, submitted the following report:

MoNDAY, DEcEMBER 13, 1937.

377

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 Bills Nos. 261,262, 257,254. Do pass.
Re~pectfully submitted,
McCRACKEN of Jefferson, Chairman.
Mr. Trapnell of Candler County, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the House with the following recommendation:
House Bill No. 15. Do pass, by substitute.
Respectfully submitted,
TRAPNELL of Candler, Chairman.
By unanimous consent, the following bills of the House, favorably reported, were read the second time:
By Mr. Larsen of Laurens-
House Bill No. 15. A bill to be entitled an Act to amend an Act abolishing the Fee System existing in Superior Court of the Dublin Judicial Circuit, and for other purposes.
By Mr. Rawlins of Ben Hill-
House Bill No. 157. A bill to be entitled an Act to declare amount of mileage taxes due the State of Georgia under the provisions of the Georgia Motor Vehicle Carriers for Hire Tax Act, and for other purposes.
By Mr. Watkins of Butts-
House Bill No. 243. A bill to be entitled an Act to amend

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Paragraph 1, Section 8 of Article 7 of the Constitution of Georgia, and for other purposes.
By Mr. Oden of Pierce-
House Bill No. 252. A bill to be entitled an Act to repeal an Act approved July 23, 1931, abolishing the offices of Tax Collector and Tax Receiver in and for the County of Pierce, and for other purposes.
By Mr. Oden of Pierce-
House Bill No. 253. A bill to be entitled an Act to create the offices of Tax Receiver and Tax Collector for Pierce County, and for other purposes.
By Messrs. Lanham, Keel, and Davis of Floyd-
House Bill No. 254. A bill to be entitled an Act creating a new charter for the City of Rome, and for other purposes.
By Mr. Martin of Jeff Davis-
House Bill No. 257. A bill to be entitled an Act to repeal an Act relating to the public school system in the Town of Hazlehurst, Georgia, and for other purposes.
By Messrs. Williams of Bacon and Oden of Pierce-
House Bill No. 261. A bill to be entitled an Act increasing the mileage of the State Aid System of Roads, and for other purposes.
By Messrs. Parker and Barlow of Colquitt-
House Bill No. 262. A bill to be entitled an Act to amend the charter of the City of Moultrie, 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 Senator Brock of the 37th District-
Senate Bill No. 14. A bill to be entitled an Act to amend the charter 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.

MoNDAY, DECEMBER 13, 1937.

379

On the passage of the bill, the ayes were 105, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Senator Shedd of the 3rd District-
Senate Bill No. 23. A bill to be entitled an Act to repeal an Act incorporating the City of Jesup, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Senator Shedd of the 3rd District-
Senate Bill No. 24. A bill to be entitled an Act to create a new charter for the City of Jesup, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Thomas of Chattooga-
House Bill No. 156. A bill to be entitled an Act to reduce the official bond of the Sheriff of Chattooga County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Mundy and Trippe of Polk-
House Bill No. 200. A bill to be entitled an Act to amend the charter of the City of Cedartown, and for other purposes.

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The following substitute to House Bill No. 200 was read and adopted:
By Messrs. Mundy and Trippe of Polk-
An Act to alter and amend the charter of the City of Cedartown, in Polk County, approved March 29, 1937, by altering and amending Sections four (4) and eighteen (18) of said charter, by changing the manner in which it shall be determined which commissioners elected in the first election held under said charter shall serve for four years, and which commissioners shall serve for two years; by altering, amending and changing the qualifications and eligibility of the city manager; by changing the salary to be paid to the city manager; and for other purposes.
Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, that an Act of the General Assembly of Georgia, approved March 29, 1937, entitled, "An Act to create a new charter and municipal government for the City of Cedartown; to provide for a commission form of government, with a city manager; to define the rights and powers of the municipality; to define the corporate limits thereof, and to repeal all former charters and laws amendatory thereof and to conflict therewith," be, and the same is hereby amended by striking from Section four (4) of said Act, the following "from said five so elected, the three receiving the highest number of votes shall serve for four years, and the remaining two so elected shall serve for two years," and inserting in lieu thereof, the following: "and at the first meeting of said commission, or so soon thereafter as practicable, the five commissioners so elected shall decide by lot which three of said commissioners shall serve for four years, and which two shall serve for two years."
Sec. 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by said authority, that said Act of the General Assembly of Georgia, approved March 29, 1937, be, and the same is hereby amended by striking the following words and figures in lines (9) and ten (10) of Section (18) thereof, to-wit: "three thousand ($3,000.00) dollars," and inserting in lieu thereof, the following words and figures: "four thousand ($4,000.00) dollars."

MoNDAY, DECEMBER 13, 1937.

381

Sec. 3. Be it further enacted by the authority aforesaid, and it is hereby enacted by said authority, that said Act of the General Assembly of Georgia, approved March 29, 1937, be, and the same is hereby amended, by striking from line seven (7), Section eighteen (18), the following words, "city engineer and."
Sec. 4. Be it further enacted by the authority aforesaid, and it is hereby enacted by said authority, that all laws and parts of laws in conflict with this Act, be, and the same are hereby, repealed.
The report of the committee, which was favorable to the passage of the bill, was agreed to, by substitute.
On the passage of the bill, by substitute, the ayes were 107, the nays 0.
The bill having received the requisite constitutional majority was passed, by substitute.
By Messrs. Kendrick and Hastings and Mrs. Mankin of Fulton-
House Bill No. 222. A bill to be entitled an Act to amend an Act to repeal all laws heretofore passed incorporating the City of Manchester; to provide for incorporating said city under the name of College Park; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Kendrick and Hastings and Mrs. Mankin of Fulton-
House Bill No. 223. A bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, the nays 0.
The bill having received the requisite constitutional majority was passed.

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By Messrs. Cohen, Grayson, and MeNall of Chatham-
House Bill No. 230. A bill to be entitled an Act to amend the several Acts relating to the incorporation of the Mayor and Aldermen of the City of Savannah, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Harrell of Brooks-
House Bill No. 231. A bill to be entitled an Act to amend an Act creating a new charter for the City of Quitman, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Dollar of Grady-
House Bill No. 236. A bill to be entitled an Act to repeal an Act establishing a Board of Commissioners of Roads arid Revenues in and for Grady County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Dollar of Grady-
House Bill No. 237. A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues in and for the County of Grady, and for other purposes.

MoNDAY, DEcEMBER 13, 1937.

383

The following committee substitute to House Bill No. 237 was read and adopted:
By the Committee:
A BILL
To be entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Grady, State of Georgia; to provide for the manner of their election and for filling vacancies caused by death or otherwise; to provide for the election of the first Commissioners under this Act and their successors; to define the powers and duties of said Board of Commissioners, to fix their term of office and fix their compensation; to provide for a bond of the Chairman and to prescribe his powers and authority; to provide for the division of the county into two Commissioner's districts; 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 from and after the passage of this Act there shall be created and established in the County of Grady, State of Georgia, a Board of Commissioners of Roads and Revenues, consisting of three freeholders who shall be elected by the qualified voters of Grady County at a special election to be held in and for said county on the first Wednesday in February, 1938, which said election shall be held under the rules and regulations applicable to general elections and the Commissioners elected at said special election shall take and hold office from and after June 1, 1938, until June 1, 1941, or until their successors are elected and qualified. After the first term of three years herein provided the term of office of each of said Commissioners shall be for a period of four years and successors of the Commissioners elected at the special election herein provided shall be elected at the June general election, 1941, and every four years thereafter.
Sec. 2. Be it further enacted by the authority aforesaid that Grady County be divided into two Commissioner's districts to be composed of the following territory, to-wit: Commissioner's District No. 1 shall embrace all that territory in

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Grady County south of the Atlantic Coast Line Railroad as it is now located. Commissioner's District No. 2 shall embrace all the territory in Grady County north of the Atlantic Coast Line Railroad as it is now located and there shall be one Commissioner elected who resides in District No. 1 and one Commissioner elected who resides in District No. 2, the Chairman of the Commission shall be elected without regard to which district he resides in.
Sec. 3. Be it further enacted that if there shall occur a vacancy by death or otherwise on the Board of Commissioners of Roads and Revenues, the Ordinary shall, within five days from the occurrence of the vacancy, call an election to be held not more than thirty days from the occurrence of the vacancy to fill the same. The election shall be held in the same manner as elections for members of the General Assembly and return to be made to the Ordinary who shall declare the results of said election; provided it shall not be necessary to call an election as provided in this section when such vacancies shall occur within six months prior to ahy general election in said county, in which event such vacancy shall be filled by the Commissioners in office for the unexpired term.
Sec. 4. Be it further enacted that at all elections, including the special election to be held in February, 1938, for election of Commissioners, the names of Commissioners elected shall be certified by the Clerk of the Superior Court to the Ordinary; and each Commissioner before entering upon the duties of his office shall be required to take the following oath administered by the Ordinary, to-wit:
"You will faithfully discharge the duties of Commissioner of Roads and Revenues of Grady County and in all matters which require your official action to the best of your knowledge and skill, you will so act in your judgment as will be the most conducive to the welfare and best interests of the entire county; so.help you God."
Said oath shall by the Ordinary be recorded on the minutes of the Court of Ordinary.
Sec. 5. Be it enacted further that the Chairman of the Commissioners of Roads and Revenues of Grady County shall make

MoNDAY, DEcEMBER 13, 1937.

385

and execute a bond with good security in the sum of fifteen hundred ($1500.00) dollars, to insure the faithful performance of all of his duties as such Chairman, said Chairman shall in addition to all other duties as a member of said Commission be the sole purchasing agent of and for said county and no purchases make by any officer or agent of said county shall be binding upon the county, provided that on all purchases, except in emergencies, where the amount involved exceeds $100.00 same shall be made upon a competitive basis and provided further that no purchase in excess of one thousand ($1,000.00) dollars, shall be made without the unanimous approval of the Board of County Commissioners.
Said Chairman shall hire and employ all employees under the jurisdiction of the County Commissioners, and such employees shall be under his direct control and supervision and shall be hired or discharged as he sees fit, except that the entire board shall act on the employment of County Warden, Physician, County Agent, Superintendent of poor farm, the Clerk of the County Board and the Attorney for the county.
Said Chairman shall generally have charge, supervision, control and management of the affairs of the county, except as otherwise herein provided.
Sec. 6. Be it further enacted that if the Chairman or any member of the Board of Commissioners herein created shall at any time accept directly or indirectly any favors or compensation in any form whatsoever to influence or affect their official action or decision they shall thereby forfeit their right to continue in office and conviction in any court with jurisdiction to try such offense shall in addition to the penalties provided by law automatically remove such Commissioner from office and his office will thereby become vacant, to be filled as herein provided.
Sec. 7. Said Commissioners shall have exclusive jurisaiction over the following matters, to-wrt: In directing and controlling all of the property of the county as they deem expedient, according to law; in levying taxes according to law; in establishing, altering or abolishing and changing election precincts and militia districts; in supervising the Tax Commissioner's Books;

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in allowing insolvent lists for county in settling all claims against and for the county; in the management, collection, handling, keeping and disbursement of all moneys belonging to the county, which may be paid out on warrant drawn on the treasury and signed by the Chairman of the Board; taking care of the poor; promotion of health; maintaining roads and bridges and public buildings; and shall exercise all other powers now exercised by the Judges of the Courts of Ordinary when sitting for county purposes.
Sec. 8. Be it enacted that the Commissioners elected from Districts 1 and 2 of said county shall receive as full compensation for their services fifteen. dollars ($15.00) per month, and the Chairman shall receive for his services the sum of not less than fifteen hundred ($1500.00) dollars, nor more than two thousand ($2,000.00) dollars per year, to be fixed by the other two members, payable monthly.
Sec. 9. Be it further enacted that it is the intention of this Act that a new Board of three Commissioners shall be elected at a special election to be called by the Ordinary, and held in Grady County on the first Wednesday in February, 1938, and that they shall take and hold office from June 1, 1938, and that the present Board shall hold office until that date, and until successors are elected and qualified under this Act. Said Board of three Commissioners and their successors shall be elected by the qualified voters of said county, it being the intention of this Act that said Board of Commissioners shall be County Commissioners and not District Commissioners.
Sec. 10. Be it further enacted that said Commissioners are hereby authorized and empowered to employ such agents and employees as they find necessary to handle the business, and affairs of said county, but that they shall in no event pay the County Warden more than one hundred ($100.00) dollars per month for his services.
Sec. 11. Be it further enacted that all laws and parts of laws in conflict with this Act be, and the same are hereby appealed.
The report of the committee, which was favorable to the passage of the bill, by substitute, was agreed to.

MoNDAY, DEcEMBER 13, 1937.

387

On the passage of the bill, by substitute, the ayes were 113, the nays 0.
The bill having received the requisite constitution.al majority was passed, by substitute.
By unanimous consent, the following bills and resolutions of the Senate were read the first time and referred to the committees:
By Senator Neely of the 36th District-
Senate Resolution No. 20. A resolution designating Highway No. 85 from Atlanta to Warm Springs, Georgia, the Clark Howell Memorial Highway.
Referred to Committee on Public Highways No.2.
By Senator Williams of the 5th District-
Senate Bill No. 39. A bill to be entitled an Act authorizing certain counties to create and establish a retirement fund for teachers and employees for county and city school systems, and for other purposes.
Referred to Committee on Education No. 1.
By Senator Millican of the 52nd District-
Senate Bill No. 40. A bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28th, 1874, and the several Acts amendatory thereof, and for other purposes.
Referred to Committee on Municipal Government.
By Senator Millican of the 52nd District-
Senate Bill No. 41. A bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes.
Referred to Committee on Municipal Government.
By Senator Shedd of the 3rd District-
Senate Bill No. 46. A bill to be entitled an Act to amend an Act which established the City Court of Jesup, and for other purposes.

388

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Referred to Committee on Municipal Government.
Mr. Jones of Bartow asked unanimous consent that the following bill of the House be withdrawn from the Committee on Corporations and recommitted to the Committee on Insurance:
By Mr. DeFoor of Mcintosh-
House Bill No. 268. A bill to be entitled an Act to levy a tax on every person, firm, or corporation in the insurance business, and for other purposes.
Objection was heard to the unanimous consent request.
By unanimous consent, the following hill of the House was withdrawn from the Committee on State of Republic and recommitted to the Committee on Amendments to the Constitution No.2:
By Messrs. Douglass of Talbot and Oden of Pierce-
House Bill No. 217. A hill to be entitled an Act to amend the Code of Georgia of 1933 in reference to drug stores, and for other purposes.
Mr. Carmichael of Cobb asked unanimous consent to recommit the following bill of the House to the Committee on Ways and Means:
By Messrs. Parker of Colquitt, Preston of Bulloch, Lanier of Richmond, and others-
House Bill No. 26. A hill to be entitled an Act to classify property for taxation; to levy taxes on certain classes of intangible property; and for other purposes.
The unanimous consent request was granted.
Mr. Jones of Bartow moved that the following hill of the House be withdrawn from the Committee on Corporations and recommitted to the Committee on Insurance:
By Mr. DeFoor of Mcintosh-
House Bill No. 268. A hill to he entitled an Act to levy a tax upon every person, firm, or corporation in the insurance business, and for other purposes.

MoNDAY, DECEMBER 13, 1937.

389

The motion was lost.
Mr. Durden of Dougherty arose to a question of personal privilege and addressed the House.
Mr. Culpepper of Fayette moved that the House convene at 9:30 o'clock in the mornings and remain in session until 2:00 o'clock P. M., and then adjourn for the day, and the motion prevailed.
Under the order of unfinished business, the following bill of the Senate was again taken up for consideration:
By Senators Spivey of the 16th District, Atkinson of the 1st DiStrict, Pope of the 7th District, and Purdom of the 46th DiStrict-
Senate Bill No. 2. A bill to be entitled an Act to provide for homestead exemption from taxation; to fix the amount of said exemption; and for other purposes.
Mr. Key of Jasper moved the previous question, and the motion prevailed.
The following amendments to the original Senate Bill No. 2 were read and adopted:
Mr. Lanham of Floyd moves to amend Senate Bill No. 2 by striking from Section 4 thereof, the words: "the applicant shall pay the official receiving same the fee of one dollar ($1.00) for the first application and the sum of fifty cents for each subsequent application provided there is no change in ownership or eligibility of such property claimed to be exempt, which shall be kept by said receiver or commissioner, except in those counties which furnish and pay the employees of such receiver or commissioner. Otherwise the fee to be paid into the treasury of the county."
Mr. Mundy of Polk moves to amend Senate Bill No. 2 by adding another section immediately after Section 10 thereof and to be numbered Section 10-a, to read as follows: It is the legislative intent that property subject to ad valorem taxation hereafter shall be valued and assessed for taxation substantially as heretofore taking into consideration changes, from time to time, in the condition and value of such property at the time of the valuation and assessment thereof from year to year.

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Messrs. Phillips and Palmour of Hall move to amend Senate Bill No. 2 as follows: By striking the period at the end of subsection (b) of Section 8, inserting a comma in lieu thereof and inserting the following: "or holds under any bona fide contract of purchase which when performed requires conveyance of title to the applicant."
An amendment offered by Mr. Lewis of Burke to Senate Bill No. 2 was read and lost.
Amendments to the committee substitute to Senate Bill No.2 were taken up for consideration.
An amendment offered by Mr. Davis of Floyd to the committee substitute to Senate Bill No.2 was read and lost.
An amendment offered by Mr. Ellington of Gilmer to the committee substitute was ruled out of order by the Speaker.
The following amendment to the committee substitute was read and adopted:
Messrs. Coleman of Lowndes, Bennett of Ware, Harrell of Brooks, Swindle of Berrien, and Parker of Colquitt move to amend the committee substitute for Senate Bill No. 2 by adding after the words "Tax Commissioner" in line 2 of Section 3 of said substitute, the words" And Municipal Authorities." And move further to amend said substitute by adding after the word "resides" in line 3 of Section 7, the words" and the land immediately surrounding said residence." And to add to the caption of said substitute the words "to provide a saving clause in this Act" immediately before the words" and for other purposes."
An amendment offered by Mr. Gross of Stephens to the committee substitute was withdrawn.
The following amendment to the committee substitute was read and adopted:
Mr. Rawlins of Ben Hill offers the following amendment to Section 4, line 6, committee substitute to Senate Bill No. 2 the figures on line 6 to be amended to read 50 instead of $1.00; also that the figures on line 7 be eliminated entirely.

MoNDAY, DECEMBER 13, 1937.

391

Mr. Pound of Hancock moved that the House reconsider its action in adopting the amendment offered by Mr. Rawlins of Ben Hill, and the motion was lost.
The following amendment to the committee substitute was read:
Mr. Smith of Muscogee moves to amend committee substitute for Senate Bill No. 2 by striking entirely from Section 4 all that part of said Section beginning with "said applicant shall" in line 4 through line 11.
On the adoption of the amendment, Mr. Lanham of Floyd moved the ayes and nays, and the call was not sustained.
On the adoption of the amendment, the ayes were 61, the nays 66.
The amendment was lost.
An amendment offered by Mr. Lanham of Floyd to the committee substitute was ruled out of order.
An amendment offered by Mr. Hill of Screven to the committee substitute was ruled out of order.
An amendment offered by Mr. Adams of Franklin to the committee substitute was ruled out of order.
An amendment offered by Mr. Weaver of Bibb to the committee substitute was ruled out of order.
An amendment offered by Mr. Dukes of Washington to the committee substitute was ruled out of order.
The following amendment to the committee substitute was read and adopted:
Mr. Sams of DeKalb moves to amend Section 5 of the committee's substitute for Senate Bill No. 2 by striking after the word "Value" in line 5 the words "As fixed in that Act" and substituting the following: "As provided by law."
An amendment offered by Mr. Cohen of Chatham to the committee substitute was ruled out of order.
An amendment offered by Messrs. Parker of Colquitt and

392

JouRNAL oF THE HousE,

Bennett of Ware to the committee substitute was ruled out of order.
The following amendment to the committee substitute was read and adopted:
Mr. Cohen of Chatham moves to amend committee substitute for Senate Bill No.2, in Section 5, lines 6 and 7, by inserting after the words "Appeal to the" the following: "Board of Tax Appeals in the counties where such Board has been established, or." By further amending said Section 5, line 9, by inserting after the words "provided the appeal is filed with the," the following: "Board of Tax Appeals in the counties where such Board has been established, or" to amend the caption accordingly.
An amendment offered by Mr. Sartain of Walker to the committee substitute was read and lost by a vote of 50 to 57.
An amendment offered by Mr. Watkins of Butts to the committee substitute was ruled out of order.
The following amendment to the committee substitute was read and adopted:
Messrs. Phillips and Palmour of Hall move to amend committee substitute to Senate Bill No. 2 by striking the period at the end of subsection (b) of Section 8 thereof inserting a comma in lieu of said period and adding the following "or holds under any bona fide contract of purchase providing for the conveyance of title to the applicant upon performance of the said contract."
An amendment offered by Mr. Kirbo of Decatur to the committee substitute was ruled out of order.
An amendment offered by Mr. Lewis of Burke to the committee substitute was read and lost.
An amendment offered by Mr. Yeomans of Wayne to the committee substitute was read and lost.
An amendment offered by Mr. Croker of Paulding to the committee substitute was read and lost.
The following amendment to the committee substitute was read and adopted:

MoNDAY, DECEMBER 13, 1937.

393

Mr. Mundy of Polk moves to amend the substitute to Senate Bill No. 2, and Section 10 thereof, by striking that portion of Section 10 beginning in line two (2) the following words and figures: "On a basis of the approved and assessed "alue fixed in each county in this State for the year 1937 (unless improved after January 1st, 1937), to be returned for taxation as other real estate)." and substituting in lieu thereof the following: It is the legislative intent that property subject to ad valorem taxation hereafter shall be valued and assessed for taxation substantially as heretofore taking into consideration changes, from time to time, in the condition and value of such property at the time of the valuation and assessment thereof from year to year.
An amendment offered by Mr. Sams of DeKalb to the committee substitute was ruled out of order.
An amendment offered by Mr. Lewis of Burke to the committee substitute was ruled out of order.
An amendment offered by Mr. Davis of Floyd to the committee substitute was ruled out of order.
An amendment offered by Mr. Lanham of Floyd to the committee substitute was ruled out of order.
An amendment offered by Mr. Jones of Brantley to the committee substitute was ruled out of order.
The following amendment to the committee substitute was read and adopted:
Mr. Lanham of Floyd and Mr. Kendrick of Fulton move to amend the committee substitute for Senate Bill No. 2, by adding at the end of Section 12 the following proviso; Provided, further, however that the provisions of this section shall apply only to those municipalities that make a separate levy for School purposes.
An amendment offered by Mr. Sabados of Dougherty to the committee substitute was read and lost.
The following amendment to the committee substitute was read and adopted:

394

JouRNAL OF THE HousE,

Mr. Sutton of Wilkes moves to amend committee substitute for Senate Bill No.2 by striking Section 12 in its entirety.
Mr. Coleman of Lowndes moved that the House reconsider its action in adopting the amendment offered by Mr. Sutton of Wilkes, and the motion was lost.
An amendment offered by Mr. Coleman of Lowndes to the committee substitute was ruled out of order.
An amendment offered by Mr. Edwards of Thomas to the committee substitute was ruled out of order.
An amendment offered by Messrs. Beck of Carroll and Joel of Clarke to the committee substitute was ruled out of order.
The following amendments to the committee substitute were read and adopted:
Messrs. Bennett of Ware, Harrell of Brooks, Swindle of Berrien, Parker of Colquitt, and Coleman of Lowndes move to amend the committee substitute to Senate Bill No. 2 by striking the semicolon in line 3 in Section 13 and substituting in lieu thereof a comma.
Mr. Whipple of Bleckley moves to amend committee substitute to Senate Bill No. 2 by striking from the last line of Section 13 the words "on non exempt property."
Mr. Jones of Bartow moves to amend the committee substitute for Senate Bill No. 2 by adding a new paragraph, to be appropriately numbered, to read as follows: Nothing herein contained shall be construed so as to prevent any municipality from levying and collecting taxes on the exempt property, for the operation of independent School systems.
An amendment offered by Mr. Whipple of Bleckley to the committee substitute was withdrawn.
An amendment offered by Mr. Brewton of Evans to the committee substitute was ruled out of order.
On the adoption of the committee substitute, as amended, to Senate Bill No.2, Mr. Coleman of Lowndes moved the ayes and nays, and the call was sustained.

MoNDAY, DECEMBER 13, 1937.

395

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

Those voting in the affirmative were Messrs.:

Adams

Gavin

Ansley

Goff

Bargeron

Grubbs

Barlow

Guyton

Beck

Hamby

Blease

Hampton

Bond

Harden

Bradley

Harrell of Brooks

Brewton

Harrell of Irwin

Bridges

Harris

Brooks of Jackson

Harrison

Brooks of Oglethorpe Hart

Brown of Greene

Harvey

Brown of Peach

Herndon

Candler

Herrin

Carmichael of Randolph Hill of Clarke

Clary

Hill of Screven

Cochran

Hodges

Cogdell

Hogg

Coleman

Hollis

Corbett

Holt

Coxon

Home

Croker

Houston

Dampier

Houze

Daves

Jackson

Deal

Joel

DeFoor

Johnson

Dollar

Kirbo

Douglass

Lanier

Drinkard

Larsen

Dugas

Lewallen

Dukes

Mankin

Durden

Manry

Edwards

Martin

Ennis

Mavity

Erwin

McCracken

Etheridge

McGehee

Evans

McGraw

Ferguson

Milam

Field

Miller

Fitts

Moore of Haralson

Fowler

Moore of Taliaferro

Freeman

Morgan

Gammage

Musgrove Newby Oden Palmour Parker Phillips Pirkle Pound Preston of Walton Rawlins Rees Reid of Carroll Salter Sams Sanders Sapp Sartain Saunders Scruggs Simmons Striplin Sutton Swindle Tapp Todd Thomas Trapnell Turner Wages Walton Ware Warnell Warnock Watkins Weaver Welsch Whaley Whipple Whitaker Williams of Bacon Williams of Jones Wilson Yeomans

396

JouRNAL OF THE HousE,

Those voting in the negative were Messrs.:

Batchelor Carmichael of Cobb Clark Claxton Cohen Culpepper of Fayette
Davis Dean Dunn Ellington
Ell1ott Flanders Gan Grayson

Hand Hendrix Jones of Bartow Jones of Brantley Jones of Elbert Jones of J enk:ins Lanham Leonard Lewis Marshall McCravey McNall Moore of Lumpkin Morris

Moss Mundy Peters Pilcher Ragan Rountree Rowland Sabados Smith of Hemy Smith of Muscogee Tate Trippe Vickery

Those not voting were Messrs.:

Allison Almand Barnard Barrett Bennett Booth Campbell Chappell Clements Culpepper of Mitchell Daughm
Drake

Gross Groover Hastings Hayes Jones of Dodge Keel Kendrick Key Middleton Moore of Baldwin Newton

Patten Peebles Perry Preston of Bulloch Reid of Wilcox Smith of Dodge Spence Taunton Wall Zellner Mr. Speaker

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

On the adoption of the committee substitute, as amended, to Senate Bill No. 2, the ayes were 130, the nays 41.

The committee substitute, as amended, to Senate Bill No. 2, was adopted.

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

On the passage of the bill, by substitute, as amended, Mr. Culpepper of Fayette moved the ayes and nays, and the call was not sustained.

On the passage of the bill, by substitute, as amended, the ayes were 125, the nays 7.

MoNDAY, DECEMBER 13, 1937.

397

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

Mr. Dunn of Pike asked that the Journal show that he cast his vote against the final passage of the bill.

Under the order of business established by the Committee on Rules, the following bill of the House was taken up for the purpose of considering the unfavorable report of the committee:

By Mr. Booth of Barrow-

House Bill No. 43. A bill to be entitled an Act to require a tax paid crown on all soft drinks and bottled carbonated or sparkling water in this State, and for other purposes.

Mr. Sabados of Dougherty moved the previous question, the motion prevailed, and the main question was ordered.

On the question of agreeing to the unfavorable report of the committee, Mr. Lanier of Richmond moved the ayes and nays, and the call was sustained.

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

Those voting in the affirmative were Messrs.:

Almand

Durden

Ansley

Edwards

Bargeron

Elliott

Batchelor

~theridge

Blease

Ferguson

Bradley

Field

Bridges

Flanders

Brooks of Oglethorpe Goff

Candler

Gross

Carmichael of Cobb

Hampton

Carmichael of Randolph Hand

Clark

Harden

Claxton

Harrell of Brooks

Cogdell

Hart

Cohen

Harvey

Coleman

Hastings

Coxon

Hendrix

Culpepper of Fayette Herrin

Davis

Hill of Clarke

Dean

Hill of Screven

Douglass

Home

:aouston Joel Jones of Bartow Jones of Brantley Kendrick Key Larsen Leonard Mankin
1rlanry
Marshall Mavity McCracken McGehee Morgan Moss Mundy
Oden Palmour Parker Peters

398

jOURNAL OF THE HousE,

Pirkle Preston of Walton Ragan Rountree Salter Sams Sapp Saunders

Simmons Smith of Muscogee Thomas Trapnell Trippe Turner Vickery

Wall Walton Watkins Weaver Whaley Whitaker Wilson

Those voting in the negative were Messrs.:

Adams Allison Barnard Beck Bond Brewton Brooks of Jackson Brown of Greene Brown of Peach Campbell Clary
Corbett Croker Dampier Daves Deal DeFoor Dollar Drinkard Dugas Dukes Ennis Erwin Evans Fitts Fowler Gammage
Gary
Gavin

Grayson Grubbs GuYton Hamby Harrell of Irwin Harris Harrison Herndon Hodges Hogg Hollis Holt Jackson Jones of Elbert Jones of Jenkins Kirbo Lanham . Lanier Lewallen Lewis McCravey McGraw McNall Milam Miller Moore of Haralson Moore of Lumpkin Moore of Taliaferro Morris

Musgrove Newby Perry Phillips Pilcher Pound Rawlins Rees Reid of Carroll Rowland Sabados Sanders Sartain Scruggs Smith of Henry Striplin Sutton Swindle Tapp Tate rrodd Wages Warnock Welsch Whipple Williams of Bacon Williams of Jones Yeomans

Those not voting were Messrs.:

Barlow Barrett Bennett Booth Chappell Clements

Cochran Culpepper of Mitchell Daughtry
Drake Dunn Ellington

Freeman Groover Hayes Houze Johnson Jones of Dodge

MoNDAY, DECEMBER 13, 1937.

399

Keel Martin Middleton Moore of Baldwin Newton Patten

Peebles Preston of Bulloch Reid of Wilcox Smith of Dodge Spence

Taunton Ware Warnell Zellner Mr. Speaker

The roll call was verified.

On agreeing to the unfavorable report of the committee, the ayes were 85, the nays 86; the unfavorable report of the committee was disagreed to, the bill was read the second time and placed on the calendar.

Mr. Grayson of Chatham moved that the House do now adjourn, and the motion prevailed.

Leave of absence was granted to Mr. Culpepper of Mitchell.

The Speaker announced the House adjourned until tomorrow morning at 9:30 o'clock.

400

JouRNAL oF THE HousE,

REPRESENTATIVE HALL, ATLANTA, GA.,

TuESDAY, DECEMBER 14, 1937.

The House met, pursuant to adjournment, this day at 9:30
o'clock A.M., was called to order by the Speaker and opened with prayer by Rev~ 0. P. Gilbert, Editor of the Christian Index.

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

Adams

Daves

Allison

Davis

Almand

Deal

Ansley

Dean

Bargeron

DeFoor

Barlow

Dollar

Barnard

Douglass

Barrett

Drake

Batchelor

Drinkard

Beck

Dugas

Blease

Dukes

Bond

Dunn

Bradley

Durden

Brewton

Edwards

Bridges

Ellington

Brooks of Jackson

Elliott

Brooks of Oglethorpe Ennis

Brown of Peach

Erwin

Campbell

Etheridge

Candler

Evans

Carmichael of Cobb

Ferguson

Carmichael of Randolph Field

Clark

Fitts

Clary

Flanders

Claxton

Fowler

Clements

Freeman

Cochran

Gammage

Cogdell

Gary

Cohen

Gavin

Coleman

Goff

Corbett

Grayson

Coxon

Gross

Croker

Grubbs

Culpepper of Fayette GUYton

Dampier

Hamby

Hampton Hand Harden Harrell of Brooks Harrell of Irwin Harris Harrison Hart Harvey Hastings Hayes Hendrix Herndon Herrin Hill of Clarke Hill of Screven Hodges Hogg Hollis Holt Home Houston Houze Jackson Joel Johnson Jones of Bartow Jones of Brantley Jones of Dodge Jones of Elbert Jones of Jenkins Keel Kendrick Key
Kirbo

TuESDAY, DECEMBER 14, 1937.

401

Lanham
Lanier Larsen Leonard Lewallen Lewis Mankin
Manry
Marshall Martin Mavity McCracken McCravey McGehee McGraw McNall Middleton Milam Miller Moore of Baldwin Moore of Haralson Moore of Lumpkin Moore of Taliaferro Morgan Morris Moss Mundy Musgrove Newby Newton

Oden Palmour Parker Perry Peters Phillips Pilcher Pirkle Pound Preston of Bulloch Preston of Walton Ragan Rawlins Rees Reid of Carroll Reid of Wilcox Rountree Rowland Sabados Salter Sams Sanders Sapp Sartain Saunders Scruggs Simmons Smith of Dodge Smith of Henry Smith of Muscogee

Striplin Sutton Swindle Tapp Taunton Todd Thomas Trapnell Trippe Turner Vickery Wall Wages Walton Ware Warnell Warnock Watkins Weaver Welsch Whaley Whipple Whitaker Williams of Bacon Williams of Jones Wilson Yeomans Zellner Mr. Speaker

Mr. Harrell of Brooks, Acting Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

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.

402

JouRNAL OF THE HousE,

3. Second reading of bills and resolutions, favorably reported.
4. Third reading and passage of local uncontested bills and resolutions.
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. Jackson of Habersham-
House Bill No. 283. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding a certain road in Habersham County, and for other purposes.
Referred to Committee on Public Highways No.2.
By Messrs. Coleman and Houze of Lowndes-
House Bill No. 284. A bill to be entitled an Act to regulate the retail sale or distribution of gasoline and petroleum products to the public, in the State of Georgia, and for other purposes.
Referred to Committee on Public Highways No. 1.
By Messrs. Durden of Dougherty and Bennett of Ware-
House Bill No. 285. A bill to be entitled an Act to amend the Code of Georgia of 1933, relating to seizure of any vehicle or other conveyance loaded with contraband liquors or beverages, and for other purposes.
Referred to Committee on Special Judiciary.
By Messrs. Watkins of Butts, Zellner of Monroe, and Key of Jasper-
House Bill No. 286. A bill to be entitled an Act to appropriate to the State Military Department the sum of $5,000.00 to be used to compensate the parents of Privates Terrell A. Maddox and Paul J. Evans, Jr., for their deaths while in the line of official duty as members of Company A, 121st Infantry, Georgia National Guard, and for other purposes.
Referred to Committee on Appropriations.

TUESDAY, DECEMBER 14, 1937.

403

By Mr. Key of Jasper-
House Bill No. 287. A bill to be entitled an Act to amend an Act entitled "General Appropriations-Two years ending June 30, 1939," approved March 30, 1937, so as to provide for current and past due legislative expenses, and for other purposes.
Referred to Committee on Appropriations.
By Messrs. Lanier and Harris of Richmond-
House Bill No. 288. A bill to be entitled an Act to amend an Act granting a charter to the City of Augusta, so as to provide for the permanent tenure of certain officers and employees, and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Harris and Lanier of Richmond-
House Bill No. 289. A bill to be entitled an Act to authorize any county having a population of not less than 70,000 and not more than 100,000 to set up zoning and planning laws, and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Dampier and Larsen of Laurens-
House Bill No. 290. A bill to be entitled an Act to repeal an Act amending an Act creating the Board of County Commissioners of Laurens County, providing for the election of Commissioners, and for other purposes.
Referred to Committee on Special Judiciary.
By Messrs. Dampier and Larsen of Laurens-
House Bill No. 291. A bill to be entitled an Act to amend an Act of 1935, said Act to be amended, being itself an amendment to Section 808 of the Penal Code of Georgia of 1910, which provides for the appointment of special criminal bailiffs in counties having a population of 35,000 or more, and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. McCracken of Jefferson-
House Bill No. 292. A bill to be entitled an Act to amend an

404

JouRNAL oF THE HousE,

Act entitled "Highway Mileage," by adding a certain road in Jefferson and Burke Counties, and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Jones and Smith of Dodge-
House Bill No. 293. A bill to be entitled an Act to amend "that certain Act of the General Assembly of Georgia of 1912, entitled "An Act to create the office of Commissioner of Roads and Revenues in and for Dodge County," and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Turner of DeKalb-
House Bill No. 294. A bill to be entitled an Act to amend the Code of Georgia of 1933, by providing for the license and regulation of businesses of drug stores and pharmacies by municipal corporations, and for other purposes.
Referred to Committee on State of Republic.
By Mr. Hamby of Rabun-
House Bill No. 295. A bill to be entitled an Act to eliminate the November term of Rabun Superior Court, and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Hodges of Liberty-
House Bill No. 296. A bill to be entitled an Act to repeal an Act of the General Assembly of Georgia, 1915, entitled" An Act to abolish the office of County Treasurer of Liberty County," and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Mundy of Polk-
House Bill No. 297. A bill to be entitled an Act to make a special appropriation to the Regents of the University System of Georgia, and for other purposes.
Referred to Committee on Special Appropriations.

TuESDAY, DECEMBER 14, 1937.

405

By Messrs. Dampier and Larsen of Laurens-
House Resolution No. 59-297a. A resolution relieving R. L. Tindol as surety on a certain bond in the sum of Two Hundred Dollars, and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Key of Jasper-
House Resolution No. 6D-297b. A resolution making appropriation for the payment of insurance premiums on State Property at Tattnall County Prison Farm as required by law, and for other purposes.
Referred to Committee on Special Appropriations.
By Messrs. Freeman, Weaver, and Horne of Bibb-
House Resolution No. 61-297c. A resolution to appropriate $800.00 for the payment of back salary due LeRoy Wall for services in the Game and Fish Department, and for other purposes.
Referred to Committee on Appropriations.
By Mr. Edwards of Thomas-
House Resolution No. 62-297d. A Resolution. Whereas, the General Assembly of the State of Georgia passed a bill creating the Public Safety Department, which was approved March 19, 1937, in which Section 68-107 of the Code of Georgia of 1933 was repealed, it shall be the duty of the State Revenue Commission to deputize such employees of the State Highway Department as may be requested by the State Highway Board, and for other purposes.
Referred to Committee on State of Republic.
By Mr. Allison of Gwinnett--
House Bill No. 298. A bill to be entitled an Act to amend an Act entitled "Motor-Fuel Tax Law" of 1937, Georgia Laws, by changing the amount allowed for the expense of collecting said tax and repeal the provision of said Act allowing one per cent loss or leakage, and for other purposes.
Referred to Committee on State of Republic.

406

JouRNAL OF THE HousE,

By Messrs. Joel of Clarke, Evans of McDuffie, Drinkard of Lincoln, Brown of Peach, Guyton of Effingham, Bond of Oconee, and Scruggs of Washington-
House Resolution No. 63-298a. A resolution to effect a recess adjournment of the General Assembly from December 17, 1937, and to reconvene on January 3,1938, and for other purposes.
Referred to Committee on Rules.
By Messrs. Allison and Tapp of Gwinnett, Mrs. Mankin, Messrs. Hastings and Kendrick of Fulton, and Candler, Sams, and Turner of DeKalb-
House Resolution No. 64-298b. A Resolution. Resolved that in order to commemorate the life and deeds of the late Bona Allen, Sr., the new paved highway from Buford to Atlanta, known as State Highway No. 13 going by way of Suwanee, Duluth, and Norcross be designated and named" The Bona Allen Memorial Highway," and for other purposes.
Referred to Committee on Public Highways No. 2.
By Mr. Warnell of Bryan-
House Bill No. 299. A bill to be entitled an Act to amend the Code of Georgia of 1933, so as to provide for the accrual and collection of certain penalties in the event executions issued for taxes shall not, on or before certain dates, be paid and satisfied by the persons against whom the same were issued, and for other purposes.
Referred to Committee on General Judiciary No.2.
By Messrs. Rowland of Johnson and Rountree of Emanuel-
House Bill No. 300. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding a certain road in Johnson and Emanuel Counties, and for other purposes.
Referred to Committee on Public Highways No.2.
By Mrs. Mankin, Messrs. Kendrick and Hastings of Fulton-
House Bill No. 301. A bill to be entitled an Act to amend the Code of Georgia of 1933, so as to provide for weekly settlements

TUESDAY, DECEMBER 14, 1937.

407

by tax collectors in all counties in this State having a population of 200,000 or more, and for other purposes.
Referred to Committee on Special Judiciary.
By Mrs. Mankin, Messrs. Kendrick and Hastings of Fulton-
House Bill No. 302. A bill to be en ti tied an Act to amend an Act entitled" An Act to create a new charter for the City of East Point," and for other purposes.
Referred to Committee on Municipal Government.
By Mrs. Mankin, Messrs. Hastings and Kendrick of Fulton-
House Bill No. 303. A bill to be entitled an Act to amend an Act entitled" An Act to create a new charter for the City of East Point," and for other purposes.
Referred to Committee on Municipal Government.
By Mrs. Mankin, Messrs. Hastings and Kendrick of Fulton, and Turner, Sams, and Candler of DeKalb-
House Resolution No. 65-303a. A Resolution. Whereas, certain civic organizations of DeKalb and Fulton Counties together with the local government units are cooperating in a movement for the establishment of a National Park on the Battlefield areas of the "War Between The States" in DeKalb and Fulton Counties, and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Corbett of Atkinson-
House Bill No. 304. A bill to be entitled an Act to amend the Constitution of Georgia, so as to authorize the town of Willacoochee to incur a bonded indebtedness, and for other purposes.
Referred to Committee on Amendments to Constitution No.2.
By Messrs. Cogdell of Glynn and Hodges of Liberty-
House Bill No. 305. A bill to be entitled an Act granting to the Commissioners of Roads and Revenue of Chatham, Bryan, Liberty, Mcintosh, and Camden Counties in the State of Georgia, authority to regulate and enforce zoning ordinances, and for other purposes.

408

JOURNAL OF THE HousE,

Referred to Committee on Counties and County Matters.
By Mr. Morris of Douglas-
House Bill No. 306. A bill to be entitled an Act to repeal an Act creating a Board of County Commissioners for the County of Douglas, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Morris of Douglas-
House Bill No. 307. A bill to be entitled an Act to create a a Board of Commissioners of Roads and Revenues for the County of Douglas, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Key of Jasper-
House Bill No. 308. A btll to be entitled an Act to prohibit the Division of Wild Life of the Department of Natural Resources from licensing the use of game or bird traps in the County of Jasper, and for other purposes.
Referred to Committee on Game and Fish.
By Messrs. Harris and Lanier of Richmond-
House Bill No. 309. A bill to be entitled an Act to amend an Act to establish and create a Municipal Court in and for the City of Augusta, and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. DeFoor of Mcintosh, Hodges of Liberty, Brewton of Evans, Cohen of Chatham, and Cogdell of Glynn-
House Bill No. 310. A bill to be entitled an Act to appropriate the sum of $20,000 to the Regents of the University System of Georgia, and for other purposes.
Referred to Committee on Appropriations.
By Mr. Holt of Appling-
House Bill No. 311. A bill to be entitled an Act to amend the Constitution of Georgia, so as to authorize the City of Baxley, in

TuESDAY, DEcEMBER 14, 1937.

409

Appling County, to refund a bonded indebtedness, and for other purposes.
Referred to Committee on Amendments to Constitution No.2.
Mr. Larsen of Laurens 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 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. 232. Do pass. House Bill No. 143. Do pass. House Bill No. 264. Do pass.
Respectfully submitted,
LARSEN of Laurens, Chairman.
Mr. Key of Jasper County, Chairman of the Committee on Appropriations, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations 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. 38. Do pass. House Bill No. 79. Do pass, by substitute. House Bill No. 190. Do pass. House Resolution No. 30-128c. Do not pass.
Respectfully submitted, KEY of Jasper, Chairman.

410

JouRNAL OF THE HousE,

Mr. FowlerofTreutlen County, Chairman of the Committee on Conservation, submitted the following report:
Mr. Speaker:
Your Committee on Conservation 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. 105. Do not pass. House Bill No. 106. Do not pass.
Respectfully submitted,
FowLER of Treutlen, Chairman.
Mr. Fowler of Treutlen 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:
Hous::: Bill No. 117. Do pass.
Respectfully submitted,
FowLER of Treutlen, Chairman.
Mr. Cogdell of Glynn 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 with the following recommendations:
House Bill No. 282. Do pass. House Bill No. 271. Do pass.
Respectfully submitted,
CoGDELL of Glynn, Vice-Chairman.

TuESDAY, DECEMBER 14, 1937.

411

Mr. Brown of Greene 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 and resolution of the House and Senate and have instructed me, as Chairman, to report the same back to the House with the following recommendations:
Senate Resolution No. 19. Do pass.
House Bill No. 251. Do pass.
House Bill No. 216. Do pass.
House Bill No. 211. Do pass..
House Bill No. 259. Do pass.
Senate Bill No. 27. Do pass.
Respectfully submitted,
BROWN of Greene,- Chairman.
Mr. Sartain of Walker County, Chairman of the Committee on Engrossing, submitted the following report:
Mr. Speaker:
Your Committee on Engrossing has examined, found properly engrossed, and ready for transmission to the Senate, the following bills of the House, to-wit:
House Bills Nos. 156, 200, 222, 223, 230, 231, 236, 237.
Respectfully submitted, SARTAIN of Walker, Chairman.
Mr. Bargeron of Burke County, Chairman of 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 bill of the House and have instructed

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me, as Chairman, to report the same back to the House with the following recommendation:
House Bill No. 233. Do pass.
Respectfully submitted,
BARGERON of Burke, Chairman.
Mr. Zellner of Monroe 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 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. 11. Do pass, as amended.
Respectfully submitted,
ZELLNER of Monroe, Chairman.
Mr. McCr:acken of Jefferson 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 Bills Nos. 276, 281, 269, and 272. Do pass.
Respectfully submitted,
McCRACKEN of Jefferson, Chairman.
Mr. Pound of Hancock 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 of the House and Senate and have instructed me, as Chairman, to report the same back to the

TuESDAY, DECEMBER 14, 1937.

413

House with the following recommendations: House Bill No. 181. Do not pass. Senate Bill No. 20. Do pass. Senate Bill No. 25. Do pass. Senate Bill No. 32. Do pass. Senate Bill No. 34. Do pass. House Bill No. 279. Do pass. House Bill No. 263. Do pass. House Bill No. 258. Do pass. House Bill No. 246. Do pass. House Bill No. 241. Do pass. Senate Resolution No. 20. Do pass. Respectfully submitted, PouND of Hancock, Chairman. Mr. Adams of Franklin County, Chairman of the Committee
on Public Library, submitted the following report: Mr. Speaker:
Your Committee on Public Library 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. 17-29a. Do pass. Respectfully submitted, ADAMS of Franklin, Chairman.
Mr. Trapnell of Candler 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 resolution of the House and

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have instructed me, as Chairman, to report the same back to the House with the following recommendations:
House Resolution No. 47-226a. Do pass. House Bill No. 193. Do pass. House Bill No. 209. Do pass. House Bill No. 215. Do pass. House Bill No. 235. Do pass.
Respectfully submitted, TRAPNELL of Candler, Chairman.
Mr. Coleman 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 House and Senate and have instructed me, as Chairman, to report the same back to the House with the following recommendations:
House Bill No. 275. Do pass. House Bill No. 161. Do pass. House Bill No. 240. Do pass. House Bill No. 277. Do pass. House Bill No. 180. Do pass. Senate Bill No. 36. Do pass. Senate Bill No. 13. Do pass.
Respectfully submitted, CoLEMAN of Lowndes, Chairman.
Mr. Freeman of Bibb County, Chairman of the Committee on Ways and Means, submitted the following report: Mr. Speaker:
Your Committee on Ways and Means have had under con-

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415

sideration 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. 27. Do pass, by substitute.
House Bill No. 58. Do pass.
House Bill No. 188. Do pass. House Bill No. 114. Do pass. Senate Bill No. 8. Do pass. Senate Bill No. 19. Do pass.
Respectfully submitted,
FREEMAN of Bibb, Chairman.
By unanimous consent, the following bills and resolutions of the House and Senate, favorably reported, were read the second time:
By Senator Pruett of the 32nd District-
Senate Bill No. 8. A bill to be entitled an Act to amend SectiQn 92-1410 of the 1933 Code of Georgia, relating to distribution of gasoline tax, and for other purposes.
By Senator Chason of the 8th District-
Senate Resolution No. 11. A resolution proposing to the qualified voters of State of Georgia an amendment to Article VII, Section VI, Paragraph 11, relative to furnishing indigent persons with medical care, and for other purposes.
By Senators Williams of the 5th District, Atkinson of the 1st District, and Pope of the 7th District-
Senate Bill No. 13. A bill to be entitled an Act to broaden the scope of privilege as applied to newspaper libel, and for other purposes.
By Senator Harrell of the 12th District-
Senate Bill No. 19. A bill to be entitled an Act providing for deduction of Federal Income Tax from State Income Tax, and for other purposes.

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By Senator Hampton of the 41st District-
Senate Resolution No. 19. A resolution authorizing the Governor to contract with the Tennessee Copper Company relating to United States Supreme Court litigation, and for other purposes.
By Senators Forrester of the 44th District, Johnson of the 42nd District, and Spivey of the 16th District-
Senate Bill No. 20. A bill to be entitled an Act to amend the Highway Mileage Act by adding additional mileage to certain roads, and for other purposes.
By Senator Neely of the 36th District-
Senate Resolution No. 20. A resolution designating Highway No. 85 from Atlanta to Warm Springs, Georgia, the Clark Howell Memorial Highway, and for other purposes.
By Senators Fowler of the 39th District and Hampton of the 41st District-
Senate Bill No. 25. A bill to be entitled an Act to amend the Highway Mileage Act by adding additional mileage in Cobb and Cherokee Counties, and for other purposes.
By Senator Atkinson of the 1st District-
Senate Bill No. 27. A bill to be entitled an Act to amend an Act abolishing the office of County Treasurer of Chatham County, and for other purposes.
By Messrs. Parker of Colquitt, Preston of Bulloch, Lanier of Richmond, and others-
House Bill No. 27. A bill to be entitled an Act creating the office of State Tax Commissioner of Georgia, and for other purposes.
By Mr. Harrison of Crawford-
House Resolution No. 17-29a. A resolution to provide for the furnishing of certain volumes of the reports of the Supreme Court and Court of Appeals to the Clerk of the Superior Court of Crawford County, and for other purposes.

TUESDAY, DECEMBER 14, 1937.

417

By Senator Horne of the lOth District-
Senate Bill No. 32. A bill to be entitled an Act to amend the Traylor-Neill Act by adding certain additional mileage, and for other purposes.
By Senators Kimbrough of the 25th District and Neely of the 36th District-
Senate Bill No. 34. A bill to be entitled an Act to amend the Highway Mileage Act by adding certain additional mileage, and for other purposes.
By Senators Spivey of the 16th District, Pope of the 7th District, and Atkinson of the 1st District-
Senate Bill No. 36. A bill to be entitled an Act to expedite repair and construction work of eleemosynary institutions, and for other purposes.
By Mrs. Coxon of Long, Messrs. Key of Jasper and Grayson of Chatham-
House Bill No. 38. A bill to be entitled an Act to amend the appropriations bill passed in 1937, clarifying the need for old age, aid to dependent children and aid to needy blind, and for other purposes.
By Mr. Dugas of White-
House Bill No. 58. A bill to be entitled an Act to provide a tax on transfers of stock and other certificates, and for other pur. poses.
By Mrs. Mankin, Messrs. Hastings and Kendrick of Fulton-
House Bill No. 79. A bill to be entitled an Act authorizing refund of unearned portion of amounts paid by motor carriers on mileage basis as approved March 31, 1931, and for other purposes.
By Mrs. Coxon of Long, Messrs. Phillips of Hall and Grayson of Chatham-
House Bill No. 114. A bill to be entitled an Act to amend Section 92-3701 relating to purposes for which county taxes may be levied, and for other purposes.

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By Messrs. Lewis of Burke and Jones of Jenkins-
House Bill No. 117. A bill to be entitled an Act to repeal an Act relating to rules and regulations to properly protect the fish industry and other sea food, and for other purposes.
By Mr. Patten of Cook-
House Bill No. 143. A bill to be entitled an Act to propose an amendment to the Constitution of Georgia authorizing the refunding of bonds of the City of Adel, and for other purposes.
By Mr. Corbett of Atkinson-
House Bill No. 161. A bill to be entitled an Act to provide for the collection of a license from persons operating a rolling store or stores, and for other purposes.
By Messrs. Smith and Jones of Dodge and Whaley of Telfair--
Hause Bill No. 180. A bill to be entitled an Act governing the drilling and operation of wells for oil, gas, or water in Georgia, and for other purposes.
By Messrs. Grubbs of Crisp, Brewton of Evans, Key of Jasper, and others-
House Bill No. 188. A bill to be entitled an Act to amend an Act to promote temperance and prosperity for Georgia people, and for other purposes.
By Mr. Grayson of Chatham-
House Bill No. 190. A bill to be entitled an Act to amend certain Section of the General Appropriation Act, relating to Agriculture, and for other purposes.
By Mr. Holt of Appling-
House Bill No. 193. A bill to be entitled an Act to amend an Act creating the Brunswick Circuit and the new Waycross Judicial Circuit, and for other purposes.
By Mr. Clary of Columbia-
House Bill No. 209. A bill to be entitled an Act to reduce the bond of the Sheriff of Columbia County, and for other purposes.

TuESDAY, DECEMBER 14, 1937.

419

By Messrs. Kirbo and Simmons of Decatur-
House Bill No. 211. A bill to be entitled an Act to reduce the bond of the Sheriff of Decatur County, and for other purposes.
By Mr. Reid of Wilcox-
House Bill No. 215. A bill to be entitled an Act to provide for holding three terms a year of Superior Court of \Vilcox County, and for other purposes.
By Mr. Herndon of Hart-
House Bill No. 216. A bill to be entitled an Act to amend an Act creating the office of Tax Commissioner for Hart County, and for other purposes.
By Messrs. Houston and Perry of Worth-
House Resolution No. 47-226a. A resolution to relieve A. T. Simerley as surety on a bond, and for other purposes.
By Messrs. Smith and Jones of Dodge-
House Bill No. 232. A bill to be entitled an Act to authorize the City of Eastman to issue refunding bonds, and for other purposes.
By Messrs. Brewton of Evans and Bradley of Tattnall-
House Bill No. 233. A bill to be entitled an Act to amend an Act relating to packing, grading, and shipping of apples, and for other purposes.
By Mr. Musgrove of Clinch-
House Bill No. 235. A bill to be entitled an Act to repeal an Act abolishing the County Court of Clinch County, and for other purposes.
By Messrs. Parker of Colquitt, Allison of Gwinnett, and Harrell of Brooks-
House Bill No. 240. A bill to be entitled an Act to amend the Motor Fuel Tax Act providing for the exemption of counties, and for other purposes.

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By Mr. Adams of Franklin-
House Bill No. 241. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," and for other purposes.
By Messrs. Horne of Bibb and Lanier of Richmond-
House Bill No. 246. A bill to be entitled an Act amending an Act entitled "Highway Mileage," by adding certain mileage, and for other purposes.
By Mr. Booth of Barrow-
House Bill No. 251. A bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Barrow, and for other purposes.
By Messrs. Salter of Baker and Bridges of Early-
House Bill No. 258. A bill to be entitled an Act to amend the Highway Mileage Act by adding additional mileage to the System of State Aid Roads, and for other purposes.
By Mr. Whaley of Telfair-
Hause Bill No. 259. A bill to be entitled an Act to abolish the offices of Tax Receiver and Tax Collector of Telfair County, and for other purposes.
By Messrs. Lewallen of Banks, Phillips and Palmour of Hall-
House Bill No. 263. A bill to be entitled an Act to amend the Highway Mileage Act by adding additional mileage to the System of State Aid Roads, and for other purposes.
By Messrs. Sams, Candler, and Turner of DeKalb-
House Bill No. 264. A bill to be entitled an Act to abolish all ad valorem tax upon real estate, and for other purposes.
By Mrs. Mankin, Messrs. Hastings and Kendrick of Fulton-
House Bill No. 269. A bill to be entitled an Act to amend an Act to incorporate the City of Hapeville, and for other purposes.
By Mr. Johnson of Chattahoochee-
House Bill No. 271. A bill to be entitled an Act to amend an

TuESDAY, DECEMBER 14,_1937.

421

Act creating a new Board of Commissioners for the County of Chattahoochee, and for other purposes.
By Messrs. Coleman and Houze of Lowndes-
House Bill No. 272. A bill to be entitled an Act to amend an Act incorporating the City of Valdosta, and for other purposes.
By Mr. Musgrove of Clinch-
House Bill No. 275. A bill to be entitled an Act amending an Act providing for the issuance of negotiable receipts by State Warehouse Commissioners, and for other purposes.
By Mr. Ennis of Baldwin-
House Bill No. 276. A bill to be entitled an Act amending an Act creating a new charter for the City of Milledgeville, and for other purposes.
By Mr. Ennis of Baldwin-
House Bill No. 277. A bill to be entitled an Act amending an Act relating to chain stores, fixing occupation tax, and for other purposes.
By Messrs. Allison and Tapp of GwinnettHouse Bill No. 279. A bill to be entitled an Act to increase
the mileage of the State Aid System of Public Roads, and for other purposes.
By Messrs. Grayson, MeNall, and Cohen of ChathamHouse Bill No. 281. A bill to be entitled an Act to amend the
charter of the City of Savannah, and for other purposes.
By Mr. Oden of Pierce-
House Bill No. 282. A bill to be entitled an Act to reduce the official bond of the Sheriff of Pierce County, and for other purposes.
By unanimous consent, the following bills of the House were read the third time and placed upon their passage:
By Mr. Oden of PierceHouse Bill No. 252. A bill to be entitled an Act to repeal an

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Act abolishing the offices of Tax Collector and Tax Receiver in and for the County of Pierce, and creating 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 103, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Oden of Pierce-
House Bill No. 253. A bill to be entitled an Act to create the offices of Tax Collector and Tax Receiver in and for the County of Pierce, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Martin of Jeff Davis-
House Bill No. 257. A bill to be entitled an Act to repeal an Act establishing a public school system in the Town of Hazlehurst, 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, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Parker and Barlow of Colquitt-
House Bill No. 262. A bill to be entitled an Act to amend the charter of the City of Moultrie, and for other purposes.
The following amendment to House Bill No. 262 was read and adopted:

TUESDAY, DECEMBER 14, 1937.

423

Mr. Parker of Colquitt moves to amend the caption to House Bill No. 262 by adding immediately before the words "and for other purposes" in the last line of said caption the words "to provide the time when and manner of fixing the compensation for the Mayor and Councilmen of said City."
and moves further to amend House Bill No. 262 by adding thereto a new section to be numbered 3 and to read as follows: "Be it further enacted that said Act, approved March 30, 1937, Georgia Laws of 1937, page 1990, et. seq. be and the same is hereby amended by striking Section 64 of said Act in its entirety and substituting in lieu thereof a new section to be numbered 64 and to read as follows: Be it further enacted that at the first meeting of Council after their election, they shall provide what pay the Mayor and Councilmen shall receive for their services for the ensuing twelve months. In case they fail to fix the compensation of the Mayor and Councilmen at said first meeting, they may do so at any subsequent meeting, but until a different rate of compensation is provided, the Mayor and Councilmen shall receive such pay as did their immediate predecessors."
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 106, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
The following bill of the House was placed on the calendar for the purpose of considering the unfavorable report of the committee:
By Messrs. Guyton of Effingham, Brown of Peach, and Evans of McDuffie-
Hause Bill No. 181. A bill to be entitled an Act to repeal an Act to increase the mileage of the State Aid System of Roads, and for other purposes.
By unanimous consent, the following bill of the House was ordered printed:

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By Mr. Booth of Barrow-
House Bill No. 43. A bill to be entitled an Act to require a tax paid crown on all soft drinks and bottled carbonated or sparkling water in 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. Larsen of Laurens-
House Bill No. 15. A bill to be entitled an Act to amend an Act abolishing the fee system existing in the Superior Court of the Dublin Judicial Circuit, and for other purposes.
The following committee substitute to House Bill No. 15 was read and adopted:
By the Committee:

A BILL
To be entitled an Act to amend an Act abolishing the fee system existing in the Superior Court of the Dublin Judicial Circuit, as applied to the office of the Solicitor-General of said Circuit, approved March 15th, 1935, (Georgia Laws, 1935, page 856) by increasing and providing that the salary of the Solicitor-General of the Dublin Judicial Circuit shall be fixed at a certain amount per year, and for other purposes.
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act approved March 15th, 1935, (Georgia Laws, 1935, page 856) abolishing the fee system then existing in the Superior Courts of the Dublin Judicial Circuit, as applied to the office of the Solicitor-General and fixing the compensation of the said Solicitor-General, be and it is hereby amended by striking from the 2nd and 3rd line of Section 2, thereof, the words "twenty-eight hundred ($2800.00) dollars" and inserting in lieu thereof the words, "thirty-six hundred dollars ($3600.00)" and by further striking from the 13th line of said Section 2, the words, "five hundred dollars ($500.00)," and inserting in lieu thereof the words, "eight hundred ($800.00) dollars"; and by further striking from the 15th and 16th lines of said Section 2,

TUESDAY, DECEMBER 14, 1937.

425

the words "eighteen hundred ($1800.00) dollars," and inserting in lieu thereof the words "twenty hundred ($2000.00) dollars"; and by further striking from the 17th line of said Section 2, the words, "five hundred ($500.00) dollars" and inserting in lieu thereof, the words "eight hundred ($800.00) dollars" and by further striking from the 37th line of said Section 2, the words "twenty-eight hundred ($2800.00) dollars" and inserting in lieu thereof, the words, "thirty-six hundred ($3600.00) dollars" so that when and as amended, the whole of said Section 2, of said Act shall read as follows: "The salarv of the Solicitor-General of Dublin Judicial Circuit shall be the 'sum of thirty-six hundred ($3600.00) dollars per annum, in addition to the sum of two hundred fifty ($250.00) dollars per annum, prescribed in Paragraph 1, Section 13, of Article 6, of the Constitution of the State of Georgia; and in addition to said sums, the SolicitorGeneral shall collect and receive from the State all fees allowed by law to Solicitor-General of this State for appearances in Supreme Court and Court of Appeals of the State. The salary herein fixed shall be paid out of the general treasuries of several counties of said Circuit, in the same amounts as follows, to-wit:
Johnson County shall pay eight hundred ($800.00) dollars per annum.
Laurens County shall pay twenty hundred ($2000.00) dollars per annum.
Twiggs County shall pay eight hundred ($800.00) dollars per annum.
And it shall be the duty of the Ordinary, County Commissioners, or other authority having control of county matters in each of said counties, to cause the part or portion of said salary so assessed against each of said counties to be paid the SolicitorGeneral in twelve equal monthly installments in each year, out of the funds of said counties, that is to say on the first of each month, and upon regular county warrants issued therefor, and it is further made the duty of said Ordinaries, County Commissioners, or other authorities having control of county matters to make provision annually to pay said salary and said sums of money at the same time and in the same manner, as expenses of the Superior Courts are provided, and said salary

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is to be included by the county authorities in the sum fixed as expenses of the Superior Courts, in order to pay the part or portion of salary chargeable against their respective county, as herein set forth, and the power to levy taxes if necessary for such purposes, is hereby delegated to said counties. Said salary of thirty-six hundred ($3600.00) dollars per annum and the constitutional salary of two hundred fifty ($250.00) per annum, together with all fees earned in the Court of Appeals and Supreme Court shall be in full payment for the services of said Solicitor-General, for all traveling and other expenses, and for all sums paid out by said Solicitor-General for clerical aid and engaged or employed by him, it being the duty of each county however if it may be done without depriving county officers, to furnish a suitable office for the Solicitor-General.
Sec. 2. This Act to take effect and begin as of Decem her 1, 1937.
Sec. 3. All laws and parts of laws in conflict with this Act be and the same are hereby repealed.
The report of the committee, which was favorable to the passage of the bill, by substitute, was agreed to.
On the passage of the bill, by substitute, the ayes were 116, the nays 0.
The bill having received the requisite constitutional majority was passed, by substitute.
Mr. Guyton of Effingham arose to a question of personal privilege and addressed the House.
By Messrs. Parker and Barlow of Colquitt-
House Bill No. 16. A bill to be entitled an Act to amend the Code of Georgia of 1933 relating to exemptions from garnishment, and for other purposes.
Mr. Joel of Clarke moved that the bill be printed.
Mr. Elliott of Muscogee moved to table the bill.
On the motion to table, the ayes were 87, the nays 30; the motion prevailed, and the bill was tabled.

TuESDAY, DECEMBER 14, 1937.

427

Mr. Gross of Stephens moved to take the bill from the table, and the motion was lost.
The following resolution of the House was read and referred to the Committee on Rules-
House Resolution No. 66. A resolution that Senate Resolution No. 19 be placed as a special and continuing order of business, and for other purposes.
The following resolution of the House was read and adopted:
By Messrs. Morgan and Ware of Troup, Whipple of Bleckley, Hart and Sanders of Coweta-
House Resolution No. 67. Whereas, the Hon. M. E. Groover is confined in the City-County Hospital at LaGrange, and has been so confined for several days, which has necessitated his absence from the House. Therefore be it resolved that the House extend to him its sympathy and express to him a desire for a speedy recovery.
By unanimous consent, the following bill of the House was withdrawn from further consideration of the House:
By Mr. Hampton of Fannin-
House Bill No. 34. A bill to be entitled an Act to propose an amendment to the Constitution of the State of Georgia, so as to authorize counties to make temporary loans, 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. Moore of Lumpkin-
House Bill No. 39. A bill to be entitled an Act to amend the Code of Georgia of 1933, defining widows of veterans who are entitled to pensions, and for other purposes.
By unanimous consent, the bill was tabled.
By Mr. Moore of Lumpkin-
House Bill No. 40. A bill to be entitled an Act to amend the Code of Georgia of 1933, relative to the distribution of money

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derived from the gasoline tax to the counties, by providing that said money shall be paid to the counties on a monthly basis, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 115, the nays 0.
The bill having received the requisite constitutional majority was passed.
By unanimous consent, the following bill of the House was withdrawn from further consideration of the House:
By Messrs. Jones and Smith of Dodge-
House Bill No. 42. A bill to be entitled an Act to amend the Code of Georgia of 1933 in reference to the jury commissioners, and for other purposes.
Under the regular order of business, the following bill of the House was taken up for consideration and read the third time:
By Mrs. Mankin and Messrs. Kendrick and Hastings of Fulton-
House Bill No. 47. A bill to be entitled an Act to amend the sanitary laws in counties of 200,000 population, and over, 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 103, the nays 0.
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 bills and resolution of the Senate, to-wit:

TUESDAY, DECEMBER 14, 1937.

429

By Senators Whitehead of the 30th District and Williams of the 5th District-
Senate Bill No. 37. A bill to amend Title 86 ("Public Defense") of the 1933 Code and all laws pertaining thereto, and for other purposes.
By Senator Pruett of the 32nd District-
Senate Bill No. 42. A bill to amend an Act known as the Public Assistance to Aged Act by striking therefrom Section 15 providing for recovery from the estate of any recipient of old age assistance, and for other purposes.
By Senator Patten of the 6th District-
Senate Bill No. 45. A bill to confer upon the Superior Courts of the State power to modify or annul final judgments for permanent alimony, and for other purposes.
By Senator Moye of the 11th District-
Senate Bill No. 48. A bill to amend the charter of the City of Shellman, and for other purposes.
By Senators Shedd of the 3rd District and Knabb of the 4th District-
Senate Resolution No. 12. A resolution to amend the Constitution by giving the right to counties to levy taxes for forest fire protection.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:
Mr. Speaker:
The Senate has passed, as amended, by the requisite constitutional majority the following bill of the House, to-wit:
By Mr. Herndon of Hart-
House Bill No. 116. A bill to amend the Act incorporating the Town of Hartwell, and for other purposes.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:

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JouRNAL OF THE HousE,

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House, to-wit:
By Mr. Sapp of Coffee-
House Bill No. 28. A bill to amend the charter of the City of Douglas, and for other purposes.
By Mr. McGehee of Dawson-
House Bill No. 74. A bill to amend the charter of the Town of Dawsonville, and for other purposes.
By Mr. Reid of Wilcox-
House Bill No. 173. A bill to amend the Act creating a Board of Commissioners of Roads and Revenues of vVilcox County, and for other purposes.
Under the regular order of business, the following bill of the House was taken up for consideration:
By Mr. Marshall of Macon-
House Bill No. 51. A bill to be entitled an Act to provide for the levy of a tax (estate or inheritance tax) for uses of the State on the transfer or transmission of property, real and personal, tangible and intangible, and for other purposes.
Mr. Simmons of Decatur asked unanimous consent that House Bill No. 51 be printed, and the request was granted.
Under the regular order of business, the following bills and resolution of the House were taken up for consideration and read the third time:
By Mr. Fitts of Madison-
House Bill No. 52. A bill to be entitled an Act to amend an Act, so as to add certain mileage to the System of State Aid Roads, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, the nays 0.

TuESDAY, DECEMBER 14, 1937.

431

The bill having received the requisite constitutional majority was passed.
By Mr. Jones of Elbert-
House Bill No. 54. A bill to be entitled an Act to regulate the business of industrial life insurance companies in the State of Georgia, and for other purposes.
Mr. Lanier of Richmond moved to table the bill, the motion prevailed, and the bill was tabled.
By Messrs. Parker and Barlow of Colquitt-
House Bill No. 57. A bill to be entitled an Act to provide the manner in which the General Assembly may convene in emergency or extraordinary session, and for other purposes.
Mr. Key of Jasper moved the previous question, the call was sustained, and the main question was ordered.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Thorn as of Chattooga and Sutton of Wilkes-
House Bill No. 59. A bill to be entitled an Act to amend the Code of Georgia of 1933 in reference to the levy of a tax on the sales and use of cigars, cigarettes, little cigars, cheroots, and stogies, and for other purposes.
Mr. Freeman of Bibb moved the previous question, the call was sustained, and the main question was ordered.
The following amendment was read and adopted:
Mr. Allison of Gwinnett moves to amend House Bill No. 59 by adding a new section thereto, to be appropriately numbered as follows:
Be it further enacted, that the provisions in Section 12, of what is known as the Cigar and Cigarette License and Tax,

432

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and set out in Georgia Laws-1937, page 97, which pertains to the discount allowed on the purchase of stamps, be and the same, is hereby amended, by striking from said section, the following provision:
"When wholesalers or jobbers have qualified as such with the State Revenue Commission as provided in Section 14 of this Act and desire to purchase stamps as prescribed herein for use on taxable tobacco sold and delivered by them, the State Revenue Commission shall allow on such sales of tobacco tax stamps the following discount:
On a sale of $100 or over and less than $200, a discount of 3% on the entire amount of the sale; on a sale of $200 or more, a discount of 10% on the entire amount of the sale"
so that when said Section 12 of said Act, when so amended, would read as follows:
Section 12. Handling Stamps. The State Revenue Commission is hereby authorized and directed to have prepared and distributed stamps suitable for denoting the tax on all articles enumerated herein. Any person, firm, corporation or association of persons, other than the State Revenue Commission, who sells tobacco tax stamps, not affixed to tobacco sold and delivered by them, whether the said stamps be genuine or counterfeit, shall be guilty of a felony and punishable as set out in Section 18 (a) of this Act. Be it further enacted, that the caption of said bill be appropriately amended, to conform to this Amendment.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 106, the nays 17.
The bill having received the requisite constitutional majority was passed, as amended.
Mr. Sabados of Dougherty moved to take the following bill of the House from the table:
By Mr. Jones of Elbert-
House Bill No. 54. A bill to be entitled an Act to regulate

TuESDAY, DECEMBER 14, 1937.

433

the business of industrial life insurance companies in the State of Georgia, and for other purposes.
The motion to take from the table prevailed.
The following substitute to House Bill No. 54 was submitted and read:
By Mr. Jones of Elbert-

A BILL
To be entitled an Act to regulate the business of industrial life insurance companies in the State of Georgia, and the writing of policies of life insurance by such companies; to require such companies to incorporate in all policies of life insurance written or offered to the public in this state a clause or clauses automatically saving to the insured upon the lapse of such policies any cash surrender value, extended insurance right or privilege or other right or privilege provided by such policy and accrued prior to the date of such lapse, and providing that the extended insurance right or privilege shall be finally reserved as valid and enforceable upon failure of the insured to make election to take some other value or exercise some other right within a reasonable time from the date of such lapse to be set out as a part of the terms of the contract; to make it unlawful for such insurance companies to write or offer to the public in this state any policy or insurance contract which upon a lapse thereof provides or permits a forfeiture of any cash surrender value, extended insurance right or other right or privilege accrued prior to the date of such lapse, upon failure of the insured to give notice or make an election within any specified grace, unless it is provided in such policy that in the event of such failure one of such values or privileges shall automatically become available to the insured; to provide for penalties for the. violation of this Act; and for other purposes.
Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same.
Section 1. Where any industrial life insurance company doing business in the State of Georgia writes or offers to the public any policy of insurance, or insurance contract, providing a

434

JouRNAL OF THE HousE,

benefit to any person upon the death of the insured, and also as a part of the terms of said policy or contract provides for a cash surrender value, extended insurance right, or other right or privilege to the insured upon the lapse of such policy, after such policy or contract has been in force for any specified period of time, the insurance policy or contract of insurance so written or offered to the public shall also contain a clause, or clauses, specifically providing that upon lapse of said policy or contract for any cause or reason after the right to such cash surrender value, extended insurance right or other right or privilege provided in said contract has accrued, the insured shall be entitled to any one of such benefits as the policy may provide at his election, and upon failure to make an election within a reasonable time which may be designated by the terms of the insurance contract, shall automatically and without notice to the insurer be entitled to one of such rights or privileges as in the policy or contract provided for; and it shall be unlawful for any such insurance company to write or to offer to the public in this state any policy or contract of insurance which by its terms provides or permits a forfeiture of any cash surrender value, extended insurance right, or other right or privilege, provided by the terms of the policy and accrued at the time of the lapse thereof, upon failure of the insured to give notice or make an election within any specified grace period. But in the event of such failure the value automatically provided for in the policy shall be the only value available.
Sec. 2. A violation of the terms of this Act shall be ground for the revocation of any license, right or privilege granted to such company to do busines~ in this state, and in addition thereto any company, representative, or solicitor therefor who shall write, offer to the public, or deliver to any insured any policy or contract of insurance, which in form or legal effect is contrary to or in violation of the terms of this Act shall be guilty of a misdemeanor and upon conviction in any court of competent jurisdiction of this state shall be punished as provided in Section 27-2506 of the Code of Georgia of 1933.
Sec. 3. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby expressly repealed.

TUESDAY, DECEMBER 14, 1937.

435

The following amendment to the substitute was read and adopted:
Mr. Sams of DeKalb moves to amend substitute to House Bill No. 54 and the caption accordingly by adding after the words "within any specified grace period" wherever same appear in said bill the words "but not less than 90 days."
The substitute, as amended, was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, by substitute, as amended.
On the passage of the bill, by substitute, as amended, the ayes were 114, the nays 0.
The bill having received the requisite constitutional majority was passed, by substitute, as amended.
By Mr. DeFoor of Mcintosh-
House Bill No. 61. A bill to be entitled an Act to amend the Code in reference to the hunting, killing, and possessing of marsh hens in certain counties of the State, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill,-the ayes were 113, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Harris of Spalding-
House Bill No. 65. A bill to be entitled an Act to vest in the tax collectors or tax commissioners of the State of Georgia, all of the powers and duties of sheriffs in their respective counties, relative only to the levy and collection of all tax fi. fas. and for other purposes.
Mr. Dollar of Grady moved to table the bill, the motion prevailed, and the bill was tabled.
By Messrs. Evans of McDuffie,Weaver of Bibb, Brown of Peach, Blease of Brooks, DeFoor of Mcintosh, Guyton of Effingham, Morgan of Troup, Rowland of Johnson, Taunton of

436

JouRNAL OF THE HousE,

Taylor, Dukes and Scruggs of Washington, and Drinkard of Lincoln-

House Resolution No. 9-13c. A resolution proposing a new rule to the present House Rules, which in effect amends certain rules, to be appropriately numbered:

Be it resolved by the House of Representatives, that the following rule be adopted:

Rule No. . .. In order to adopt a Senate amendment to a House bill or resolution, and in order to adopt a report of a conference committee, the said amendment or conference committee report must receive a majority vote of the entire membership elected to the House of Representatives. Any rule contravening the letter or spirit of this rule is hereby repealed.

Mr. Palmour of Hall moved the previous question, the call was sustained, and the main question was ordered.

The unfavorable report of the committee had been disagreed to previously by the House.

On the adoption of the resolution, the ayes were 108, the nays 20.

The resolution having received the required two-thirds majority of those voting, and same being a majority of the members elected to the House, was adopted.

By Mr. Welsch of Cobb-

House Bill No. 68. A bill to be entitled an Act to amend the Code of Georgia of 1933, in reference to" eminent domain," 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 roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Allison Almand Ansley

Bargeron Barlow Barnard

Batchelor Beck Blease

TUESDAY, DECEMBER 14, 1937.

437

Bradley

Hart

Brewton

Harvey

Bridges

Hastings

Brooks of Jackson

Herndon

Brooks o(Oglethorpe Herrin

Candler

Hill of Clarke

Carmichael.of Cobb

Hill of Screven

Carmichael~of Randolph Hodges

Clary

Hollis

Claxton

Holt

Cochran

Horne

Cogdell

Houze

Cohen

Jackson

Coleman

Joel

Corbett

Johnson

Coxon

Jones of Bartow

Croker

Jones of Brantley

Dampier

Jones of Dodge

Daves

Jones of Elbert

Davis

Keel

Deal

Kendrick

Dean

Key

DeFoor

Kirbo

Douglass

Lanier

Dugas

Larsen

Ellington

Lewallen

Elliott

Mankin

Ennis

Manry

Erwin

Marshall

Etheridge

Mavity

Ferguson

McCracken

Field

McCravey

Fitts

McGehee

Fowler

McNall

Gammage

Middleton

Gavin

Milam

Goff

Miller

Grayson

Moore of Baldwin

Grubbs

Moore of Haralson

Hampton

Moore of Lumpkin

Hand

Moore of Taliaferro

Harden

Morgan

Harrell of Brooks

Morris

Harrell of Irwin

Moss

Harris

Mundy

Harrison

Newby

Newton Oden Palmour Perry Phillips Pilcher Pirkle Pound Preston of Walker Rawlins Reid of Carroll Rountree Rowland Sams Sanders Sapp Simmons Smith of Dodge Smith of Henry Smith of Muscogee Striplin Sutton Swindle Tapp Thomas Trapnell Trippe
Turner Vickery Wall Wages Walton Ware Warnell Warnock Watkins Weaver Welsch Whaley Whipple Whitaker Williams of Bacon Williams of Jones Wilson Yeomans

438

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Those voting in the negative were Messrs.:

Bond Brown of Peach Clark Clements Culpepper of Fayette Dollar Drinkard Dukes

Dunn Evans
Gary
Guyton Jones of Jenkins McGraw Peters

Ragan Sabados Salter Sartain Scruggs Todd Zellner

Those not voting were Messrs.:

Adams Barrett Bennett Booth Brown of Greene Campbell Chappell Culpepper of Mitchell Daughtry Drake Durden Edwards Flanders

Freeman Gross Groover Hamby Hayes Hendrix Hogg Houston Lanham Leonard Lewis Martin

Musgrove Parker Patten Peebles Preston of Bulloch Rees Reid of Wilcox Saunders Spence Tate Taunton Mr. Speaker

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

On the passage of the bill, the ayes were 146, the nays 22.

The bill having received the requisite constitutional majority was passed.

The following resolutions of the House were read and referred to the Committee on Rules:

By Mr. Pound of Hancock-
House Resolution No. 68. A resolution to place House Bill No. 43 as a special order of business, and for other purposes.

By Messrs. Dukes of Washington, Ennis of Baldwin, and others-
House Resolution No. 69. A resolution to place House Bill No. 243 as a special order of business, and for other purposes.
The following resolution of the House was read and adopted:

TuESDAY, DECEMBER 14, 1937.

439

By Messrs. Culpepper of Fayette and Hill of Screven-
House Resolution No. 70. A resolution. Whereas, this House has just learned of the tragic death of Mr. W. E. Tate, brother of our highly esteemed colleague, Hon. Luke Tate of Pickens County.
Therefore, be it resolved by the House, that we extend to our beloved colleague our deepest sympathy in the untimely death of his beloved brother.
The following resolution of the House was read and referred to the Committee on University System of Georgia:
By Messrs. Hastings of Fulton, Sutton of vVilkes, Harrell of Brooks, Freeman of Bibb, Simmons of Decatur, Kirbo of Decatur, Key of Jasper, Hodges of Liberty, Houze of Lowndes, Rees of Webster, Weaver of Bibb, Smith of Henry, Clark of Catoosa, Dean of Rockdale, Pound of Hancock, Evans of McDuffie, Jones of Bartow, Edwards of Thomas, Whipple of Bleckley, Lanier of Richmond, Coleman of Lowndes, Kendrick of Fulton, McNall of Chatham, Palmour of Hall, Thomas of Chattooga, Lanham of Floyd, and Mrs. Coxon of Long-
House Resolution No. 71. A resolution requesting the State Board of Regents to provide a course in criminology at the University of Georgia, and for other purposes.
The following resolution of the House was read and referred to the Committee on Rules:
By Mr. Marshall of Macon-
House Bill No. 72. A resolution to place House Bill No. 51 as a special order of business, and for other purposes.
Mr. Sutton of Wilkes moved that the House do now adjourn until9:30 o'clock tomorrow morning, and the motion prevailed.
Leaves of absence were granted to Messrs. Tate of Pickens and Horne of Bibb.
The Speaker announced the House adjourned until tomorrow morning at 9:30 o'clock.

440

JouRNAL OF THE HousE,

REPRESENTATIVE HALL, ATLANTA, GA.,

\VEDNESDAY, DECEMBER 15, 1937.

The House met, pursuant to adjournment, this day at 9:30

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

Dampier

Allison

Daughtry

Almand

Daves

Ansley

Davis

Bargeron

Deal

Barlow

Dean

Barnard

DeFoor

Barrett

Dollar

Batchelor

Douglass

Beck

Drake

Blease

Drinkard

Bond

Dugas

Booth

Dukes

Bradley

Dunn

Brewton

Durden

Bridges

Edwards

Brooks of Jackson

Ellington

Brooks of Oglethorpe Elliott

Brown of Peach

Ennis

Campbell

Erwin

Candler

Etheridge

Carmichael of Cobb

Evans

Carmichael of Randolph Ferguson

Clark

Field

Clary

Fitts

Claxton

Flanders

Clements

Fowler

Cochran

Freeman

Cogdell

Gammage

Cohen

Gary

Coleman

Gavin

Corbett

Goff

Coxon

Grayson

Croker

Gross

Culpepper of Fayette Grubbs

Guyton Hamby Hampton Hand Harden Harrell of Brooks Harrell of Irwin Harris Harrison Hart Harvey Hastings Hayes Hendrix Herndon Herrin Hill of Clarke Hill of Screven Hodges Hogg Hollis Holt Houston Houze Jackson Joel Johnson Jones of Bartow Jones of Brantley Jones of Dodge Jones of Elbert Jones of Jenkins Kendrick Key Kirbo

WEDNESDAY, DECEMBER 15, 1937.

441

Lanham Lanier Larsen Leonard Lewallen Lewis Mankin
Manry
Marshall Martin Mavity McCracken McCravey McGehee McGraw McNall Middleton Milam Miller Moore of Baldwin Moore of Haralson Moore of Lumpkin Moore of Taliaferro Morgan Morris Moss Mundy Musgrove Newby Newton

Oden Palmour Parker Perry Peters Phillips Pilcher Pirkle Pound Preston of Bulloch Preston of Walton Ragan Rawlins Rees Reid of Carroll Reid of Wilcox Rountree Rowland Sabados Salter Sams Sanders Sapp Sartain Saunders Scruggs Simmons Smith of Dodge Smith of Henry

Smith of Muscogee Striplin Sutton Swindle Tapp Todd Thomas Trapnell Trippe Turner Vickery Wall Wages Walton Ware Warnell Warnock Watkins Weaver Welsch Whaley Whipple Whitaker Williams of Bacon Williams of Jones Wilson Yeomans Zellner Mr. Speaker

Mr. Hill of Screven, 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.

442

JouRNAL OF THE HousE,

3. Second reading of hills and resolutions, favorably reported.
4. Third reading and passage of local uncontested hills and resolutions.
5. First reading and reference of Senate hills and resolutions.
By unanimous consent, the following hills and resolutions of the House were introduced, read the first time, and referred to the committees:
By Mr. Lanham of Floyd-
House Bill No. 312. A hill to he entitled an Act to amend an Act entitled," An Act to promote temperance and prosperity for Georgia people; to foster and encourage the growing of grapes, fruits and berries on Georgia farms; to legalize the making of light domestic wines, to exempt from all taxes wines made of grapes, fruits and berries cultivated by producers in Georgia"; and for other purposes.
Referred to Committee on Temperance.
By Mr. Zellner of Monroe-
House Bill No. 313. A hill to be entitled an Act to amend an Act entitled an Act to consolidate and to codify the various Acts incorporating the City of Forsyth, in the County of Monroe, and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Gross of Stephens, Hamby of Rabun, and Jackson of Habersham-
House Bill No. 314. A bill to he entitled an Act to amend an Act of 1933, relating to fishing in certain cc;mnties, and for other purposes.
Referred to Committee on Game and Fish.
By Mr. Striplin of Heard-
House Bill No. 315. A hill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding two roads in Heard County, and for other purposes.
Referred to Committee on Public Highways No. 2.

WEDNESDAY, DECEMBER 15, 1937.

443

By Messrs. Evans of McDuffie and Dugas of White-
House Resolution No. 73-315a. A resolution requesting the Governor to submit the name of an appointee for office of State Auditor for confirmation by the Senate so that the Auditor will not merely hold over at pleasure of the Governor, and for other purposes.
Referred to Committee on Privileges and Elections.
By Mr. Evans of McDuffie-
Hause Resolution No. 74-315b. A resolution calling for a report on the investigation of the State administrations, both past and present, according to law enacted at 1937 Regular Session of the General Assembly, and for other purposes.
Referred to Committee on State of Republic.
By Mr. Hogg of Marion-
House Bill No. 316. A bill to be entitled an Act amending an Act creating a Board of Commissioners of Roads and Revenues for the County of Marion, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Middleton of Dade-
House Bill No. 317. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding a certain road in Dade County, and for other purposes.
Referred to Committee on Public Highways No.2.
By Mr. Daves of Dooly-
House Bill No. 318. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding a certain road in Dooly County, and for other purposes.
Referred to Committee on Public Highways No.2.
By Messrs. Harris and Lanier of Richmond-
House Bill No. 319. A bill to be entitled an Act to authorize the State Highway Board of Georgia to increase the mileage of the State Aid System of Roads by adding certain mileage in

444

JouRNAL OF THE HousE,

Richmond County, and for other purposes.
Referred to Committee on Public Highways No. 2.
By Mr. Cogdell of Glynn-
House Bill No. 320. A bill to be entitled an Act to consolidate the offices and duties of Tax Receiver and Tax Collector of Glynn County, and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Harris and Lanier of Richmond-
House Bill No. 321. A bill to be entitled an Act to provide for the permanent tenure for certain officers and employees of Richmond County, and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Pound of Hancock and Perry of Worth-
House Bill No. 322. A bill to be entitled an Act to authorize the governing authorities of each of the counties that employ an agricultural agent or home demonstration agent, to levy a tax for the purpose of paying said county agricultural or home demonstration agents, and for other purposes.
Referred to Committee on State of Republic.
Mr. Larsen of Laurens County, Chairman of the Committee on Amendments to the Constitution No. 2, submitted the following report:
Mr. Speaker:
Your Committee on Amendments to the Constitution 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. 311. Do pass.
House Bill No. 304. Do pass.
Respectfully submitted,
LARSEN of Laurens, Chairman.

WEDNESDAY, DECEMBER 15, 1937.

445

Mr. Key of Jasper County, Chairman of the Committee on Appropriations, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the House with the following recommendation:
House Bill No. 113. Do pass, by substitute.
Respectfully submitted,
KEY of Jasper, Chairman.
Mr. Cogdell of Glynn 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 Vice-Chairman, to report the same back to the House with the following recommendations:
House Bill No. 305. Do pass.
House Bill No. 270. Do pass.
House Bill No. 306. Do pass.
House Bill No. 307. Do pass.
Respectfully submitted,
CoGDELL of Glynn, Vice-Chairman.
Mr. Davis of Floyd County, Chairman of the Committee on Education No. 1, 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 following recommendation:

446

JouRNAL OF THE HousE,

House Bill No. 256. Do pass.
Respectfully submitted, DAVIS of Floyd, Chairman.
Mr. Davis of Floyd County, Chairman of the Committee on Education No. 1, submitted the following report:
Mr. Speaker: Your Committee on Education 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. 229. Do pass.
Respectfully submitted, DAvis of Floyd, Chairman.
Mr. Cochran of Thomas County, Chairman of the Committee on General Agriculture No. 2, submitted the following report:
Mr. Speaker:
Your Committee on General Agriculture No. 2 have had under consideration the following bills of the House and have instructed me, as Chairman, to report the same back to the House with the following recommendations:
House Bill No. 206. Do pass.
House Bill No. 108. Do not pass.
House Bill No. 139. Do not pass.
Respectfully submitted, CocHRAN of Thomas, Chairman.
Mr. Sartain of Walker County, Chairman of the Committee on Engrossing, submitted the following report:
Mr. Speaker: Your Committee on Engrossing has examined, found properly

WEDNESDAY, DECEMBER 15, 1937.

447

engrossed, and ready for transmission to the Senate, the following bills of the House, to-wit:
House Bills Nos. 68, 252, 253, 257, 262, 15, 40, 47, 52, 57, 54, 61, 208, 59.
Respectfully submitted,
SARTAIN o{Walker, Chairman.
Mr. Groover of Troup County, Chairman of the Committee on Enrolling, submitted the following report:
Mr. Speaker:
Your Committee on Enrolling has examined, found properly enrolled, and ready for transmission to the Governor, the following bills of the House, to-wit:
House Bills Nos. 28, 90.
Respectfully submitted,
GRoovER of Troup, Chairman.
Mr. Deal of Bulloch County, Chairman of the Committee on General Judiciary No. 2, submitted the following report:
Mr. Speaker:
Your Committee on General Judiciary No. 2 have had under consideration the following bills of the House and have instructed me, as Chairman, to report the same back to the House with the .following recommendations:
House Bill No. 129. Do not pass. House Bill No. 136. Do not pass. House Bill No. 151. Do not pass. House Bill No. 172. Do not pass.
Respectfully submitted,
DEAL of Bulloch, Chairman.
Mr. McCracken of Jefferson County, Chairman of the Committee on Municipal Government, submitted the following report:

448

JouRNAL oF THE HousE,

Mr. Speaker:
Your Committee on Municipal Government 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 Bills Nos. 303, 288, 289, 302, 292, 309. Do pass.
Senate Bill No. 40. Do pass, as amended.
Senate Bill No. 41. Do pass.
Senate Bill No. 46. Do pass.
Respectfully submitted,
McCRACKEN of Jefferson, Chairman.
Mr. Gross of Stephens County, Vice-Chairman of the Committee on Public Highways No. 1, submitted the following report:
Mr. Speaker:
Your Committee on Public Highways No. 1 have had under consideration the following bills of the House and have instructed me, as Vice-Chairman, to report the same back to the House with the following recommendations:
House Bill No. 242. Do pass, by substitute.
House Bill No. 218. Do not pass.
House Bill No. 202. Do pass.
Respectfully submitted,
GRoss of Stephens. Vice-Chairman.
Mr. Pound of Hancock 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 resolution of the House and have instructed me, as Chairman, to report the same back to the House with the following recommendations:

WEDNESDAY, DECEMBER 15, 1937.

449

House Bill No. 283. Do pass.
House Bill No. 300. Do pass.
House Resolution No. 64-298b. Do pass.
Respectfully submi tt.ed,
PouND of Hancock, Chairman.
Mr. Coleman 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 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. 62-297d. Do pass.
Respectfully submitted,
CoLEMAN of Lowndes, Chairman.
Mr. Sabados of Dougherty County, Chairman of the Committee on Temperance, submitted the following report:
Mr. Speaker:
Your Committee on Temperance 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. 196. Do pass, by substitute.
House Bill No. 85. Do pass.
Respectfully submitted,
SABADOS of Dougherty, Chairman.
Mr. Freeman of Bibb County, Chairman of the Committee on Ways and Means, submitted the following report: Mr. Speaker:
Your Committee on Ways and Means have had under con-

450

JouRNAL OF THE HousE,

sideration 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. 26. Do pass, by substitute, as amended.
House Bill No. 87: Do pass, by substitute, as amended.
House Bill No. 221. Do pass.
House Bill No. 234. Do pass.
Respectfully submitted,
FREEMAN of Bibb, 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 52nd District-
Senate Bill No. 40. A bill to be entitled an Act to amend an Act to establish a new charter for the City of Atlanta, and for other purposes.
By Senator Millican of the 52nd District-
Senate Bill No. 41. A bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, and for other purposes.
By Senator Shedd of the 3rd District-
Senate Bill No. 46. A bill to be entitled an Act to amend an Act to establish the City Court of Jesup, and for other purposes.
By Messrs. McGraw of Meriwether and Dunn of Pike-
House Bill No. 85. A bill to be entitled an Act to raise revenue for common schools of Georgia to assist in the marketing of Georgia grown fruits and berries, etc., and for other purposes.
By Mr. Key of Jasper-
House Bill No. 87. A bill to be entitled an Act to provide a tax upon coin or token operated vending devices, and for other purposes.

WEDNESDAY, DECEMBER 15, 1937.

451

By Mrs. Coxon of Long, Messrs. K~y of Jasper and Lanier of Richmond-
House Bill No. 113. A bill to be entitled an Act amending General Appropriation Act, allocating Tobacco Tax for paying pensions to confederate widows, and for other purposes.
By Mr. Thomas of Chattooga-
House Bill No. 196. A bill to be entitled an Act to be known as the "Alcoholic Beverage Control Act," and for other purposes.
By Mr. Harrison of Crawford-
House Bill No. 202. A bill to be entitled an Act to amend an Act to enable the State Highway Department to carry out certain provisions of an amendment to the Constitution, and for other purposes.
By Messrs. Brewton of Evans, Bradley of Tattnall, Grayson of Chatham, Lanier of Richmond, and Deal of Bulloch-
Hause Bill No. 206. A bill to be entitled an Act to amend an Act authorizing the establishment of Farmers' Markets, and for other purposes.
By Messrs. Lanier of Richmond, Harvey of Upson, and Davis of Floyd-
House Bill No. 221. A bill to be entitled an Act to amend an Act requiring a store or chain of stores to pay license fees and fixing an occupational tax, and for other purposes.
By Messrs. Whipple of Bleckley, Key of Jasper, Lanham of Floyd, Ferguson of Sumter, and Davis of Floyd-
House Bill No. 229. A bill to be entitled an Act to amend the Malt Beverage Act, providing for the distribution of revenue derived from this Act for school purposes, and for other purposes.
By Messrs. Brewton of Evans, Bradley of Tattnall, Reid of Carroll, Jones of Bartow, McNall of Chatham, and others-
House Bill No. 234. A bill to be entitled an Act to license and regulate wholesale dealers in perishable farm commodities, and for other purposes.

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By Mr. Gross of Stephens---:-
House Bill No. 242. A bill to be entitled an Act authorizing State Highway Board to use any funds available to them to match Federal Funds, and for other purposes.
By Mr. Rawlins of Ben Hill-
House Bill No. 256. A bill to be entitled an Act to amend an Act relating to the selection of County Boards of Education, and for other purposes.
By Mr. McGraw of Meriwether-
Hause Bill No. 270. A bill to be entitled an Act reducing the bond of the Sheriff of Meriwether County, Georgia, and for other purposes.
By Mr. Jackson of Habersham-
House Bill No. 283. A bill to be entitled an Act amending the Highway Mileage Act so as to add additional mileage to the State Aid Road System in Habersham County, and for other purposes.
By Messrs. Lanier and Harris of Richmond-
House Bill No. 288. A bill to be entitled an Act to amend an Act creating a new charter for the City of Augusta, and for other purposes.
By Messrs. Lanier and Harris of Richmond-
House Bill No. 289. A bill to be entitled an Act to authorize certain counties to establish zoning and planning regulations, and for other purposes.
By Mr. McCracken of Jefferson-
House Bill No. 292. A bill to be entitled an Act to amend the Highway Mileage Act so as to add additional mileage to the System of State Aid Roads, and for other purposes.
By Mr. Edwards of Thomas-
House Resolution No. 62-297d. A resolution authorizing the State Revenue Commission to deputize such employees of the State Highway Department as necessary in order to carry out

WEDNESDAY, DECEMBER 15, 1937.

453

the provisions of the Act creating the Public Safety Department, and for other purposes.
By Messrs. Allison and Tapp of Gwinnett, Mrs. Mankin, and Messrs. Hastings and Kendrick of Fulton, and Candler, Turner, and Sams of DeKalb-
House Resolution No. 64-298b. A resolution designating State Route No. 13 as the "Bona Allen Memorial Highway."
By Messrs. Rowland of Johnson and Rountree of Emanuel-
House Bill No. 300. A bill to be entitled an Act amending the Highway Mileage Act, so as to add additional mileage to the System of State Aid Roads, and for other purposes.
By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton-
House Bill No. 302. A bill to be entitled an Act amending the charter of the City of East Point, relating to garbage and disposal plants, and for other purposes.
By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton-
House Bill No. 303. A bill to be entitled an Act amending the charter of the City of East Point, and for other purposes.
By Mr. Corbett of Atkinson-
House Bill No. 304. A bill to be entitled an Act to propose an amendment to the Constitution of Georgia, so as to authorize the Town of Willacoochee to incur bonded indebtedness, and for other purposes.
By Mr. Cogdell of Glynn-
House Bill No. 305. A bill to be entitled an Act granting to the Commissioners of Roads and Revenues of certain counties the authority to adopt planning and zoning regulations, and for other purposes.
By Mr. Morris of Douglas-
House Bill No. 306. A bill to be enti tied an Act to repeal an Act creating a Board of County Commissioners for the County of Douglas, and for other purposes.

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By Mr. Morris of Douglas-
House Bill No. 307. A bill to be entitled an Act creating a Board of Commissioners of Roads and Revenues for County of Douglas, providing for election and qualifications, and for other purposes.
By Messrs. Harris and Lanier of Richmond-
House Bill No. 309. A bill to be entitled an Act amending an Act to create a municipal court in the City of Augusta, and for other purposes.
By Mr. Holt of Appling-
House Bill No. 311. A bill to be entitled an Act to propose an amendment to the Constitution of Georgia, so as to authorize the City of Baxley to refund a bonded indebtedness, in addition to that heretofore authorized, 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 Senator Atkinson of the 1st District-
Senate Bill No. 27. A bill to be entitled an Act to amend an Act to abolish the office of County Treasurer in and for Chatham 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 103, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Clary of Columbia-
House Bill No. 209. A bill to be entitled an Act to reduce the bond of the Sheriff of Columbia 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 104, the nays 0.

WEDNESDAY, DECEMBER 15, 1937.

455

The bill having received the requisite constitutional majority was passed.
By Messrs. Kirbo and Simmons of Decatur-
House Bill No. 211. A bill to be entitled an Act to reduce the bond of the Sheriff of Decatur County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Herndon of Hart-
House Bill No. 216. A bill to be entitled an Act to amend the Act creating the office of Tax Commissioner for Hart County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Musgrove of Clinch-
House Bill No. 235. A bill to be entitled an Act to repeal an Act abolishing the County Court of Clinch County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Booth of Barrow-
House Bill No. 251. A bill to be entitled an Act to amend

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an Act creating a Board of Commissioners of Roads and Revenues for Barrow 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 108, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Lanham, Keel, and Davis of Floyd-
House Bill No. 254. A bill to be entitled an Act to amend an Act creating a new charter and municipal government for the City of Rome, and for other purposes.
The following amendments to House Bill No. 254 were read and adopted:
Mr. Davis of Floyd moves to amend House Bill No. 254 by adding thereto another section to be known as Section 28a, and to read as follows:
Section 28a. Be it further enacted by the authority aforesaid that within five (5) days after the approval of this Act the Rome City Commission shall call an election to be held within 10 days of said call for the purpose of submitting to the qualified voters of the city the ratification or rejection of this Act. Said election to be held under such rules and regulations as may be adopted by said commission by resolution at a special meeting called for that purpose. No special registration of voters shall be required, but all persons who were qualified to vote in the last General Election held in said city for the election of City Commissioners shall be qualified to vote in said special election as well as those who have subsequently become qualified. At said election all persons who favor the adoption of this amendment to the charter of the City of Rome shall have written or printed on their ballots the words "for amending the charter of the City of Rome," and all persons who are opposed to this amendment to the charter of the City of Rome shall have written or printed on their ballots the words "against Act amending the charter of the City of Rome." If a majority of the votes cast in said special election shall be for the Act amending the

WEDNESDAY, DECEMBER 15, 1937.

457

charter of the City of Rome then this Act shall immediately go into effect upon the declaration of the result of said election by the Rome City Commission. If a majority of votes cast in said special election shall be against the Act amending the charter of the City of Rome then this Act shall be null, void and of no effect.
Messrs. Davis, Keel, and Lanham of Floyd move to amend House Bill No. 254 by striking from Section 26 thereof the
words"% of 1%" and by inserting in lieu thereof "Yz of 1%.''
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 109, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
By Mr. Whaley of Telfair-
Hause Bill No. 259. A bill to be entitled an Act to abolish the offices of Tax Receiver and Tax Collector of Telfair County; to create the office of Telfair County Tax Commissioner; and for other purposes.
The report of the committtee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton-
House Bill No. 269. A bill to be entitled an Act to amend an Act to incorporate the City of Hapeville, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, the nays 0.

458

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The bill having received the requisite constitutional majority was passed.
By Mr. Johnson of Chattahoochee--
House Bill No. 271. A bill to be entitled an Act to amend an Act creating a new Board of Commissioners for Chattahoochee County, and for other purposes.
The following amendment to House Bill No. 271 was read and adopted:
Mr. Johnson of Chattahoochee moves to amend House Bill No. 271 by adding at the end of Section 3 of said bill a new sentence to read as follows:
"Said Commissioners to be elected in a county wide election by all qualified voters of the county voting for each of said Commissioners."
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 112, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
By Messrs. Coleman and Houze of Lowndes-
House Bill No. 272. A bill to be entitled an Act to amend an Act incorporating the City of Valdosta, and for other purposes.
The report of the committee, favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 113, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Ennis of Baldwin-
House Bill No. 276. A bill to be entitled an Act to amend an Act establishing a new charter for the City of Milledgeville, and for other purposes.

WEDNESDAY, DECEMBER 15, 1937.

459

The report of the committee, favorable to the passage of the hill, was agreed to.
On the passage of the hill, the ayes were 114, the nays 0.
The hill having received the requisite constitutional majority was passed.
By Messrs. Grayson, McNall, and Cohen of Chatham-
House Bill No. 281. A hill to he entitled an Act to amend the charter of the City of Savannah, and for other purposes.
The following substitute to House Bill No. 281 was read and adopted:
By Messrs. Grayson, Cohen, and MeNall of Chatham-

A BILL
To he entitled an Act to amend the charter of the City of Savannah and the several Acts amendatory thereof, incorporating the Mayor and Aldermen of the City of Savannah, relating to and supplementary thereto, and for other purposes.
Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same:
In addition to the existing provisions of the charter of the City of Savannah there is hereby created a budget commission consisting of the Mayor, Comptroller, Chairman of the Finance Committee of Council, and two other members of the Council of the Mayor and Aldermen of the City of Savannah. The said two other members of Council shall he elected by Council, and shall serve thereafter during the term for which they were elected Aldermen.
Sec. 2. On or before the 31st day of December in each year after the year 1937 the budget commission shall estimate the amount of revenue of the City of Savannah for the following calendar year together with a tentative appropriation hill. The estimate of revenue shall include only an estimate of:
(a) Receipts from current taxes on real property, excluding taxes based upon assessments made through the office of the

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Comptroller-General of the State of Georgia, at no larger prOportion of the amount of such taxes for such year than was collected in cash during the year preceding the year for which the budget is made from the taxes of such preceding year on real property, excluding taxes based upon assessments made through the office of the Comptroller of the State of Georgia;
(b) Receipts from valid executions on real property not more than seven years old at no larger proportion of the total amount of such executions than was collected in cash in the year preceding the year for which such budget is made from the executions on real property less than seven years old outstanding at the beginning of such preceding year;
(c) Receipts from executions on personal property at no larger proportion of the total amount of such executions less than seven years old outstanding at the beginning of such year than was collected in cash in the year preceding the year for which such budget is made from the amount of executions on personal property less than seven years old outstanding at beginning of such preceding year;
(d) Receipts from all other sources, including current taxes on personal property and taxes based upon assessments made through the office of the Comptroller-General of the State of Georgia, at no more than the amount in dollars received in cash from such sources during the year preceding the year for which such budget is made; provided that if the budget is finally adopted in the December preceding the year for which it is made, collections in the year preceding the year for which the budget is made shall be deemed in each case to be actual receipts for the twelve months immediately preceding the first day of such December.
Sec. 3. The budget shall contain appropriations for:
(a) The sums necessary to pay the interest on the bonded debt of the city;
(b) The sums necessary to pay the principal of all serial bonds maturing in the year for which such budget is made;
(c) The sums required to be paid in to the sinking fund by the terms of any ordinance for the issuance of bonds;

\VEDNESDAY, DECEMBER 15, 1937.

461

(d) Other contract obligations;
(e) The cost of operation of the several departments of the city government;
(f) Any other purposes for which the city may legally appropriate money.
Sec. 4. Should the income of the City of Savannah be decreased by law, either by Act of the General Assembly of the State of Georgia or the Mayor and Aldermen of the City of Savannah it shall be the duty of the said budget commission to immediately adjust its budget to comply with such decreased revenue. Except as herein expressly authorized the total expenses incurred and appropriations made by the Mayor and Aldermen of the City of Savannah in any year shall never exceed the total revenue estimated for that year as provided in Section 1 of this Act and as thereafter reduced as provided in this section.
The Mayor and the Aldermen of the The Mayor and Aldermen of the City of Savannah shall be individually, jointly and severally liable to The Mayor and Aldermen of the City of Savannah to repay any amounts appropriated or expenses incurred in excess of said limits, when present at the voting of the same, except such of them who vote in the negative and have their name so entered upon the minutes of Council. Suit may be brought against the Mayor and Aldermen of The Mayor and Aldermen of the City of Savannah in any Court of competent jurisdiction of this State by any resident of the City of Savannah suing in the name of and for the use of the Mayor and Aldermen of the City of Savannah to recover amounts appropriated or expenses incurred in violation of this Act.
Sec. 5. Any unencumbered balance at the beginning of any year after the year 1938 in excess of all outstanding obligations payable which were incurred during the preceding year, and exclusive of the balances of trust or other special funds, shall be available for appropriation at any time after the amount of such excess shall have been determined by the Comptroller in collaboration with the Finance Committee, and certified by him to the Council.

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Sec. 6. If at the end of any year after the year 1938 the total expenditures of such year, including obligations payable though not yet paid, shall be in excess of the actual cash receipts of such year applicable to such expenditures, then there shall be a deficiency appropriation in the budget for the immediate ensuing year for the amount of such excess, and, if the budget for such ensuing year shall already have been adopted when such excess becomes apparent, it shall be immediately revised to include such deficiency appropriation.
Sec. 7. No money shall be paid from the city treasury, nor any obligation or contract for the payment of money incurred except in accordance with an appropriation duly made, nor in excess of the unencumbered balance of such appropriation. The Council may at any time appropriate any portion of the revenue of the year for which the budget is made, estimated as provided in Sections 1 and 4 of this Act, which shall not theretofore have been appropriated; and transfers of appropriations, except appropriations for debt service or other contract obligations, from one department or purpose to another may be made by the Council by a two-thirds affirmative vote by all the members elected to the same.
Sec. 8. Money received by the city from the sale of bonds may be appropriated from time to time by the Council for the purposes for which such bonds were issued, anything else herein to the contrary notwithstanding.
Sec. 9. Extraordinary receipts or receipts from sources not included in the estimate of receipts as provided in Section (1) above, shall be available for appropriation at any time subsequent to their actual receipt, but the amount of such receipts shall not be included in estimating revenue in the budget for the ensuing year, except in the case of new sources of revenue created by law or ordinance the operation of which shall continue in or which shall be reenacted for such ensuing year.
Sec. 10. In case of conflagration, flood, or other disaster, the Council may, by an ordinance, in which the nature of the disaster shall be set forth, passed by an affirmative vote of twothirds of all the members elected to the same, appropriate such sums of money as may be necessary, provided that the amount

WEDNESDAY, DECEMBER 15, 1937.

463

of such appropriation shall be included in the budget for the next fiscal year beginning more than three months after the date of the adoption of such ordinance unless the expenditures authorized by such ordinance shall have been in the meantime financed by a bond issue.
Sec. 11. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict with the provisions of this Act be and the same are hereby repealed.
The report of the committee, favorable to the passage of the bill, by substitute, was agreed to.
On the passage of the bill, by substitute, the ayes were 115, the nays 0.
The bill having received the requisite constitutional majority was passed, by substitute.
The following resolutions of the House were read and referred to the Committee on Rules:
By Mr. Newton of Toombs-
Hause Resolution No. 75. A resolution to place House Bills Nos. 162 and 163 as a special order of business, and for other purposes.
By Messrs. Joel of Clarke and Beck of Carroll-
House Resolution No. 76. A resolution to place House Bill No. 170 as a special order of business, and for other purposes.
The following resolution of the House was read and adopted:
By Mr. Swindle of Berrien-
House Resolution No. 77. A resolution. Be it resolved that the leaders of the House get busy now, and formulate and submit some plan to this House that will in some way and in some manner, restore to these various counties, at least a part of their lost revenue, which will enable them to continue a county government that will be satisfactory to the people back home, and be it further resolved that each and every member of this House, do this day, pledge to the leaders, his or her cooperation in such a move, their untiring efforts in the perfecting of any reasonable and equitable

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working plan that will give their coun.ty government what they are asking for, and are justly entitled to.
The following resolution of the House was read and referred to the Committee on Rules:
By Mr. Whipple of Bleckley-
House Resolution No. 78. A resolution to place House Bill No. 229 as a special order of business, and for other purposes.
The following bills and resolutions of the Senate were read the first time and referred to the committees:
By Senators Shedd of the 3rd District and Knabb of the 4th District-
Senate Resolution No. 12. A resolution proposing to the qualified voters of Georgia an amendment to the Constitution giving the right to any county to levy a tax for the purpose of providing forest fire protection, and for other purposes.
Referred to Committee on Amendments to Constitution No.2.
By Senators Whitehead of the 30th District and Williams of the 5th District-
Senate Bill No. 37. A bill to be entitled an Act to amend Title 86 (Public Defense) of the 1933 Code and all laws pertaining thereto, and for other purposes.
Referred to Committee on Military Affairs.
By Senator Pruett of the 32nd District-
Senate Bill No. 42. A bill to be entitled an Act to amend the Act of General Assembly approved February 26, 1937, known as the Public Assistance to Aged Act, by striking therefrom Section 15, and for other purposes.
Referred to Committee on Public Welfare.
By Senator Patten of the 6th District-
Senate Bill No. 45. A bill to be entitled an Act to confer upon the Superior Courts of the State power and authority to vary, modify or annul final judgments or decrees for permanent alimony, and for other purposes.

WEDNESDAY, DECEMBER 15, 1937.

465

Referred to Committee on General Judiciary No. 1.
By Senator Moye of the 11th District-
Senate Bill No. 48. A bill to be entitled an Act to amend the charter of the City of Shellman, and for other purposes.
Referred to Committee on Municipal Government.
The following report of the Committee on Rules was submitted, read, and adopted:
Mr. Speaker:
Your Committee on Rules having had under consideration the fixing of a calendar for Wednesday, December 15, 1937, to recommend that the following calendar be fixed as a special and continuing order of business for December 15, 1937.
1. Senate Bill No. 19 Contract with Tennessee Copper Company.
2. House Bill No. 43 Known as Soft Drink Tax Bill.
3. House Bill No. 26 Intangible property.
4. House Bill No. 27 Reorganization of Revenue Department.
5. House Bill No. 243 Constitutional amendment to affect Butts County.
6. House Bill No. 161 Rolling Stores.
Respectfully submitted,
SuTToN of Wilkes, Vice-Chairman.
Under the order of business established by the Committee on Rules, the following resolution of the Senate was taken up for consideration and read the third time:
By Senator Hampton of the 41st District-
Senate Resolution No. 19. A resolution authorizing the Governor to contract with the Tennessee Copper Company with reference to the litigation in the United States Supreme Court, and for other purposes.
Mr. Allison of Gwinnett moved the previous question, the call

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was sustained, and the main question was ordered.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 116, the nays 0.
The resolution having received the requisite constitutional majority was adopted.
The following bill of the House was placed on the calendar for the purpose of considering the unfavorable report of the committee:
By Messrs. Evans of McDuffie, Brown of Peach, DeFoor of Mcintosh, Morgan of Troup, Rowland of Johnson, Taunton of Taylor, and Drinkard of Lincoln-
House Bill No. 139. A bill to be entitled an Act to repeal an Act creating a Milk Board for the State of Georgia, and for other purposes.
Under the order of business established by the Committee on Rules, the following bill of the House was taken up for consideration and read the third time:
By Mr. Booth of Barrow-
House Bill No. 43. A bill to be entitled an Act to require a tax paid crown on all soft drinks and bottled carbonated waters or sparkling water in this State, and for other purposes.
Mr. Palmour of Hall moved the previous question, and the call was sustained.
An amendment offered by Mr. Lanier of Richmond was read and lost.
The following amendment was read and adopted:
Messrs. Fowler of Treutlen and Douglass of Talbot move to amend House Bill No. 43 by striking out section one in its entirety and inserting a new section to bear the same number as follows:
Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, That from and after the passage of this Act, all soft drinks whether made with or

WEDNESDAY, DECEMBER 15, 1937.

467

without carbonated or sparkling water, and all bottled carbonated water, or sparkling water, sold in this State, shall have a tax paid crown affixed thereto for the purpose of showing that such tax has been paid, and such tax is hereby levied and assessed thereon at the rate of Ten (10%) of the retail price.
It is further provided that all drinks and beverages, other than drinks made of natural milk and alcoholic and malt beverages now legally sold in Georgia shall be included under the terms and definitions set out in this Act.
Amendments offered by Mr. Lanier of Richmond were ruled out of order.
An amendment offered by Mr. Jones of Brantley was ruled out of order.
The following amendments were read and adopted:
Mr. Harris of Spalding moves to amend Section 5, line 9 by striking the figures and words "75 per gallon" and substituting therefor the figures and words "37 y{ per gallon."
Mr. Hill of Screven moves to amend House Bill No. 43 by striking the figure "5%" in line 2 of section seven and inserting in lieu thereof the figure "3%."
An amendment offered by Mr. Jones of Brantley was ruled out of order.
An amendment offered by Messrs. Drake of Seminole and Dunn of Pike was read and lost.
The following amendment was read and adopted:
Mr. Fowler of Treutlen moves to amend House Bill No. 43 by striking Section 8 and in lieu thereof adding a new Section to be appropriately numbered and to read as follows:
"One-half of the net proceeds derived from this Act be and the same are hereby allocated to the common schools for their support and maintenance. The said allocated funds to be distributed to the schools in conformity with the equalization law now in force in this State."
And further amends as follows:

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"One-half of the net proceeds derived from this Act be and the same are hereby allocated to the counties of this State on the basis of highway mileage in the State Highway System for the purpose of road construction, maintenance, and repair."
Mr. Fowler further moves to appropriately amend the caption of the said bill to conform with the terms of this amendment.

An amendment offered by Mr. Parker of Colquitt was ruled out of order.

The following amendment was read:

Mr. Harrell of Brooks moves to amend House Bill No. 43 by striking all of Section 9 and inserting a new Section 9 to read as follows:

Section 9. Be it further enacted by the authority aforesaid that this Act shall be construed to apply to the sale of all drinks of every kind including alcoholic beverages with the exception of beer, wine, and drinks made of natural milk, and the sale of the drinks taxed are hereby legalized and moves to amend the caption accordingly.

On the adoption of the amendment, Mr. Booth of Barrow 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.: .

Ansley Bargeron Barlow Barrett Brewton Brown of Greene Carmichael of Cobb Clark Claxton Cogdell Cohen Coleman Corbett Dean DeFoor Dollar

Drake Dunn Durden Edwards Elliott Flanders Grayson Gross Hand Harrell of Brooks Hastings Hendrix Herrin Houston Houze Jones of Bartow

Jones of Brantley Jones of Dodge Kendrick Key
Kirbo Leonard Lewis Mankin Martin Mavity McCracken McNall Morris Musgrove Newby Palmour

WEDNESDAY, DECEMBER 15, 1937.

469

Peters Preston of Bulloch Salter Simmons

Smith of Dodge Smith of Henry Smith of Muscogee Thomas

Trapnell Turner Watkins Wilson

Those voting in the negative were Messrs.:

Adams

Hampton

Allison

Harden

Barnard

Harrell of Irwin

Batchelor

Harris

Beck

Harrison

Blease

Hart

Bond

Harvey

Booth

Hayes

Bradley

Herndon

Bridges

Hill of Clarke

Brooks of Jackson

Hill of Screven

Brown of Peach

Hodges

Carmichael of Randolph Hogg

Clary

Hollis

Clements

Holt

Cochran

Jackson

Croker

Joel

Culpepper of Fayette Johnson

Dampier

Jones of Jenkins

Daves

Lanham

Davis

Lanier

Deal

Larsen

Drinkard

Lewallen

Dugas

Manry

Dukes

Marshall

Ennis

McCravey

Erwin

McGehee

Etheridge

McGraw

Evans

Middleton

Ferguson

Milam

Field

Miller

Fitts

Moore of Baldwin

Fowler

Moore of Haralson

Gammage

Moore of Lumpkin

Gary

Moore of Taliaferro

Gavin

Morgan

Goff

Moss

Grubbs

Mundy

Guyton

Newton Parker Pilcher Pound Ragan Rawlins Rees Reid of Carroll Rountree Rowland Sabados Sams Sanders Sapp Sartain Saunders Scruggs Striplin Sutton Swindle Tapp Todd Trippe Vickery Wall Walton Ware Warnell Warnock Weaver Welsch Whaley Whipple Whitaker Williams of Bacon Williams of Jones Yeomans Zellner

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JouRNAL OF THE HousE,

Those not voting were Messrs.:

Almand Bennett Brooks of Oglethorpe Campbell Candler Chappell Coxon Culpepper of Mitchell Daughtry Douglass

Ellington Freeman Groover Hamb:v Home Jones of Elbert Keel Oden Patten Peebles

Perry Phillips Pirkle Preston of Walton Reid of Wilcox Spence Tate Taunton Wages Mr. Speaker

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

On the adoption of the amendment, the ayes were 60, the nays 115.

The amendment was lost. Mr. Jones of Brantley moved to table the bill.

On the motion to table, Mr. Sabados of Dougherty mc;>Ved 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.:

Ansley Bargeron Barrett Batchelor Blease Brooks of Oglethorpe Brown of Greene Clark Claxton Cogdell Cohen Davis DeFoor Drake Dunn Durden Edwards Elliott Etheridge

Flanders Goff Hand Harden Harrell of Brooks Harvey Hastings Hayes Hendrix Herrin Hill of Clarke Houston Houze Joel Jones of Bartow Jones of Brantley Jones of Dodge Key Larsen

Leonard Lewis Mavity McCracken McCravey Morris Moss Mundy Newby Palmour Parker Pilcher Preston of Bulloch Ragan Rowland Salter Simmons Smith of Dodge Smith of Muscogee

WEDNESDAY, DECEMBER 15, 1937.

471

Trippe Turner

Watkins Weaver

Whaley Zellner

Those voting in the negative were Messrs.:

Adams

Grubbs

Allison

Gu;vton

Barlow

Hampton

Barnard

Harrell of Irwin

Bond

Harris

Booth

Harrison

Brewton

Hart

Bridges

Herndon

Brooks of Jackson

Hill of Screven

Brown of Peach

Hogg

Carmichael of Cobb

Hollis

Carmichael of Randolph Holt

Clary

Jackson

Clements

Johnson

Coxon

Jones of Jenkins

Croker

Kendrick

Culpepper of Fayette Kirbo

Deal

Lanham

Dean

Lanier

Dollar

Lewallen

Drinkard

Mankin

Dugas

Manry

Dukes

Marshall

Ellington

Martin

Ennis

McGehee

Erwin

McGraw

Evans

McNall

Ferguson

Middleton

Fitts

Milam

Fowler

Miller

Gammage

Moore of Baldwin

Gary

Moore of Haralson

Gavin

Moore of Lumpkin

Grayson

Moore of Taliaferro

Gross

Morgan

Musgrove Newton Peters Pirkle Pound Rawlins Rees Reid of Carroll Reid of Wilcox Rountree Sabados Sanders Sapp Sartain Saunders Scruggs Smith of Henry Striplin Sutton Swindle Tapp Todd Trapnell Wall Walton Ware Warnell Warnock Welsch Whipple Whitaker Williams of Bacon Williams of Jones Wilson Yeomans

Those not voting were Messrs.:

Almand Beck Bennett Bradley Campbell Candler

Chappell Cochran Coleman Corbett Culpepper of Mitchell Dampier

Daughtry Daves Douglass Field Freeman Groover

472

JouRNAL OF THE HousE,

Hamby Hodges Home Jones of Elbert Keel Oden Patten

Peebles PeiTY Phillips Preston of Walton
Sams
Spence

Tate Taunton Thomas Vickery Wages Mr. Speaker

Bv unanimous consent, the verification of the roll call was disp~nsed with.

On the motion to table, the ayes were 63, the nays 105.

The motion to table was lost.

The following amendments were read and adopted:
Mr. Parker of Colquitt moves to amend the Fowler amendment to House Bill No. 43, rewriting Section 8 by adding at the end of the provision providing for distribution of funds derived under the bill to the counties, the words "to be distributed monthly."
Mr. Fowler of Treutlen moves to amend House Bill No. 43 as follows: By striking all of Section Nine from said Act and inserting a new section therefor to bear the same number reading as follows:

Section 9. Be it further enacted by the authority aforesaid that this Act shall be construed to apply to all bottled or soft drinks or beverages of every kind and description sold in this State excepting alcoholic and malt beverages now legally sold in Georgia, and drinks made of natural milk.

Mr. Guyton of Effingham moves to amend House Bill No. 43 by inserting after the word (1933 edition) where the same occurs in Section 10 the following words, to-wit: Which levies a tax of one half of one per cent on carbonated water, syrups and other articles to be used in carbonated water or intended to be mixed or blended with carbonated water to be sold as soft drinks.

An amendment offered by Mr. Lanier of Richmond was read and lost.

An amendment offered by Messrs. Weaver of Bibb and Joel of Clarke was read and lost.

WEDNESDAY, DECEMBER 15, 1937.

473

The following amendment was read and adopted:
Mr. Fowler .of Treutlen moves to amend House Bill No. 43 by striking the caption therefrom as written and inserting in lieu thereof a new caption to read as follows:
An Act to require a tax paid on all soft drinks and bottled drinks whether made with plain, carbonated or sparkling water in this State; to provide for the method of paying said tax by affixing tax paid crowns on bottles and by providing a method for the collection of tax on syrups used in making soft drinks; to repeal Section 92-804 of the Code of 1933, to provide what drinks shall be exempt from the provisions of this Act; to allow a rebate for wastage and breakage and to allot a sum for the enforcement of this Act; to provide for penalties for violation of the provisions herein and for the confiscation of goods on which the tax has not been paid; to provide for the enforcement of all the provisions of this Act by the State Revenue Commission, and to provide for the allocation and distribution of the proceeds derived from the tax and/or taxes herein imposed; and for other purposes.
An amendment offered by Mr. Lanham of Floyd was read and lost.

The report of the committee, which was unfavorable to the passage of the bill, had been disagreed to previously by the House.

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

Clements

Allison

Corbett

Barnard

Croker

Beck

Daves

Bond

Deal

Booth

Drinkard

Bridges

Dugas

Brooks of Jackson

Dukes

Brown of Peach

Ellington

Carmichael of Randolph Ennis

Clary

Erwin

Evans Fitts Flanders Fowler Gammage
Gary
Gavin Grayson Grubbs Guyton Harrell of Irwin

474

JouRNAL OF THE HousE,

Harris Harrison Hart Herndon Hill of Screven Hogg Hollis Holt .Jackson .Jones of .Jenkins
Kirbo Lanier Lewallen
Manry
Martin McGehee McGraw McNall Middleton

Milam Miller Moore of Baldwin Moore of Haralson Moore of Lumpkin Moore of Taliaferro Musgrove Newton Oden Perry Pirkle Pound Rawlins Rees Reid of Carroll Rountree Sabados Sanders Sapp

Sartain Scruggs Smith of Dodge Smith of Henry Striplin Sutton Swindle Tapp Todd Wall Ware Warnell Warnock Whipple Whitaker Williams of Bacon Williams of .Jones Wilson Yeomans

Those voting in the negative were Messrs.:

Ansley Bargeron Barlow Barrett Batchelor Blease Brewton Brooks of Oglethorpe Brown of Greene Carmichael of Cobb Clark Claxton Cochran Cogdell Cohen Coleman Coxon Culpepper of Fayette Dampier Davis Dean DeFoor Dollar Drake Dunn Durden Edwards

Elliott Etheridge Ferguson Field Goff Gross Hand Harden Harrell of Brooks Harvey Hastings Hayes Hendrix Herrin Hill of Clarke Hodges Houston Houze .Joel .Johnson .Jones of Bartow .Jones of Brantley .Jones of Dodge .Jones of Elbert Keel Kendrick Key

Lanham Larsen Leonard Lewis
Mankin Marshall Mavity McCravey Morgan Morris Moss Mundy Newby Palmour Parker Peters Pilcher Preston of Bulloch Preston of Walton Ragan Reid of Wilcox Rowland Salter Sams Saunders Simmons Smith of Muscogee

WEDNESDAY, DECEMBER 15, 1937.

475

Thomas Trapnell Trippe
Turner

Vickery Walton Watkins

Weaver Welsch Whale:v

Those not voting were Messrs.:

Almand Bennett Bradley Campbell Candler Chappell Culpepper of Mitchell
Daughtry

Douglass Freeman Groover Hamby Hampton Home McCracken Patten

Peebles Phillips Spence Tate Taunton Wages Zellner Mr. Speaker

Under Rule 22, Mr. Bradley of Tattnall was excused from voting.

The roll call was verified.

On the passage of the bill, as amended, the ayes were 90, the nays 91.

The bill having failed to recetve the requisite constitutional majority was lost.

Mr. Dugas of White gave notice, that at the proper time, he would move that the House reconsider its action in failing to pass the bill.

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 Millican of the 52nd District-
Senate Bill No. 29. A bill to provide for the use of voting machines at all elections in certain cities, and for other purposes.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:

476

JOURNAL oF THE HousE,

Mr. Speaker:
The Senate has passed, as amended, by the requisite constitutional majority the following bill of the House, tO-wit:
By Messrs. Carmichael and Welsch of Cobb-
House Bill No. 187. A bill to amend an Act which creates the office of Roads and Revenues of Cobb County, and for other purposes.
The following resolutions of the House were read and referred to the Committee on Rules:
By Mr. Harrison of Crawford-
House Resolution No. 79. A resolution that House Resolution No. 17-29a and House Bill No. 202 be established as special and continuing order of business, and for other purposes.
By Messrs. Perry of Worth, Parker of Colquitt, and Grayson of Chatham, and Mrs. Coxon of Long-
House Resolution No. 80. A resolution that House Bill No. 114 be established as special and continuing order of business, and for other purposes.
Mr. Sutton of Wilkes moved that the House do now adjourn until 9:30 o'clock tomorrow morning, and the motion prevailed.
Leaves of absence were granted to Messrs. Taunton of Taylor, Pound of Hancock, and Phillips of Hall.
The Speaker announced the House adjourned until tomorrow morning at 9:30 o'clock.

THURSDAY, DECEMBER 16, 1937.

477

REPRESENTATIVE HALL, ATLANTA, GA.,

THURSDAY, DECEMBER 16, 1937.

The House met, pursuant to adjournment, this day at 9:30 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

Culpepper of Fayette

Allison

Dampier

Almand

Daves

Ansley

Davis

Bargeron

Deal

Barlow

Dean

Barnard

DeFoor

Barrett

Dollar

Batchelor

Douglass

Beck

Drake

Bennett

Drinkard

Blease

Dugas

Bond

Dukes

Bradley

Dunn

Brewton

Durden

Bridges

Edwards

Brooks of Jackson

Ellington

Brooks of Oglethorpe Elliott

Brown of Peach

Ennis

Campbell

Erwin

Candler

Etheridge

Carmichael of Cobb

Evans

Carmichael of Randolph Ferguson

Clark

Field

Clary

Fitts

Claxton

Flanders

Clements

Fowler

Cochran

Freeman

Cogdell

Gammage

Cohen

Gary

Coleman

Gavin

Corbett

Goff

Coxon

Grayson

Croker

Gross

Grubbs GUYton Hamby Hampton Hand Harden Harrell of Brooks Harrell of Irwin Harris Harrison Hart Harvey Hastings Hayes Hendrix Herndon Herrin Hill of Clarke Hill of Screven Hodges Hogg Hollis Holt Houston Houze Jackson Joel Johnson Jones of Bartow Jones of BrantleY Jones of Dodge Jones of Elbert Jones of Jenkins Keel

478

JOURNAL OF THE HousE,

Kendrick Key Kirbo Lanham Lanier Leonard Lewallen Lewis Mankin
Manry
Marshall Martin Mavity McCracken McCravey McGehee McGraw McNall Middleton Milam Miller Moore of Baldwin Moore of Haralson Moore of Lumpkin Moore of Taliaferro Morgan Morris Moss Mundy Musgrove

Newby Newton Oden Palmour Parker Perry Peters Pilcher Pirkle Preston of Bulloch Preston of Walton Ragan Rawlins Rees Reid of Carroll Reid of Wilcox Rountree Rowland Sabados Salter Sams Sanders Sapp Sartain Saunders Scruggs Simmons Smith of Dodge Smith of Henry

Smith of Muscogee Spence Striplin Sutton Swindle Tapp Todd Thomas Trapnell Trippe Turner Vickery Wall Walton Ware Warnell Warnock Watkins Weaver Welsch Whaley Whipple Whitaker Williams of Bacon Williams of Jones Wilson Yeomans Zellner Mr. Speaker

Mr. Harrell of Brooks, Acting Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

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.

THURSDAY, DECEMBER 16, 1937.

479

3. Second reading of bills and resolutions, favorably reported.
4. Third reading and passage of local uncontested bills and resolutions.
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. Allison of Gwinnett-
House Bill No. 323. A bill to be entitled an Act to authorize the City of Lawrenceville to enact zoning ordinances, and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Kirbo and Simmons of DecaturHouse Bill No. 324. A bill to be entitled an Act amending an
Act establishing the City Court of Bainbridge, and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Ragan of PulaskiHouse Bill No. 325. A bill to be entitled an Act to amend the
charter of the City of Hawkinsville, in the County of Pulaski, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Ragan of PulaskiHouse Bill No. 326. A bill to be entitled an Act to amend an
Act creating the charter of the City of Hawkinsville, in the County of Pulaski, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Adams of FranklinHouse Bill No. 327. A bill to be entitled an Act to amend an
Act entitled "Highway Mileage," by adding a certain road in Franklin County, and for other purposes.
Referred to Committee on Public Highways No.2.

480

JouRNAL OF THE HousE,

By Mr. Jones of Brantley-
Hause Bill No. 328. A bill to be entitled an Act amending the Act abolishing the office of Tax Receiver and Tax Collector of Brantley County, and creating the office of County Tax Commissioner, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Warnell of Bryan-
House Bill No. 329. A bill to be entitled an Act repealing an Act to provide for the holding of two additional terms of the Superior Court of Bryan County, and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Warnell of Bryan-
House Bill No. 330. A bill to be entitled an Act creating and establishing the City Court of Pembroke, in and for the County of Bryan, and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Jones of Jenkins-
House Bill No. 331. A bill to be entitled an Act 'to amend an Act of 1922, (Georgia Laws 1922), amending the Act creating the Board of Commissioners of Roads and Revenues for the County of Jenkins, and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Davis, Keel, and Lanham of Floyd-
House Bill No. 332. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding a certain road in Floyd County, and for other purposes.
Referred to Committee on Public Highways No. 2.
By Messrs. Davis, Keel, and Lanham of Floyd, and Jones of Bartow-
House Bill No. 333. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding a certain road in Floyd and Bartow Counties, and for other purposes.
Referred to Committee on Public Highways No. 2.

THURSDAY, DECEMBER 16, 1937.

481

By Messrs. Davis, Keel, and Lanham of Floyd, and Jones of Bartow-
House Bill No. 334. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding a certain road m Floyd and Bartow Counties, and for other purposes.
Referred to Committee on Public Highways No. 2.
By Messrs. Davis, Keel, and Lanham of Floyd-
House Bill No. 335. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding a certain road in Floyd and Gordon Counties, and for other purposes.
Referred to Committee on Public Highways No. 2.
By Mr. Middleton of Dade-
House Bill ~o. 336. A bill to be entitled an Act to amend an Act abolishing the offices of Tax Collector and Tax Receiver of Dade County, and creating the office of Tax Commissioner, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mrs. Mankin, Messrs. Kendrick and Hastings of Fulton-
House Bill No. 337. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding a certain road in Fulton County, and for other purposes.
Referred to Committee on Public Highways No.2.
By Messrs. Smith and Jones of DodgeHouse Bill No. 338. A bill to be entitled an Act to amend the
charter of the City of Eastman, so as to authorize the passage of zoning ordinances, and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Evans of McDuffie, Blease of Brooks, Whaley of Telfair, Barrett of Richmond, Drinkard of Lincoln, and Hampton of Fannin-
House Resolution No. 81-338a. A resolution proposing an
amendment to Article 5, Section 1 of the Constitution of Georgia,

482

JouRNAL OF THE HousE,

by providing that any person who holds the office of Governor for two consecutive terms is eligible for re-election to a third term at the expiration of two years from the time when his second term expires, and for other purposes.
Referred to Committee on Amendments to Constitution No.2.
By Messrs. Grayson and McNall of Chatham-
House Bill No. 339. A bill to be entitled an Act to grant to the United States of America certain ungranted and reverted lands in Chatham County, and for other purposes.
Referred to Committee on Public Property.
By Mr. Bradley of Tattnall-
House Bill No. 340. A bill to be entitled an Act to create a State Board to be known as the State Board of Penal Administration, and for other purposes.
Referred to Committee on Penitentiary.
By Mr. Preston of BullochHause Bill No. 341. A bill to be entitled an Act to reduce the
tax on motor fuel, and for other purposes.
Referred to Committee on Ways and Means.
By unanimous consent, the following resolution of the House was withdrawn from further consideration of the House:
By Messrs. Joel of Clarke, Evans of McDuffie, and othersHouse Resolution No. 63-298a. A resolution to effect a
recess adjournment of the General Assembly, and for other purposes.
By unanimous consent, the following bill of the House was withdrawn from the Committee on Game and Fish, and recommitted to the Committee on Counties and County Matters:
By Mr. Key of JasperHouse Bill No. 308. A bill to be entitled an Act prohibiting
the Division of Wild Life from licensing the use of game and bird traps in the County of Jasper, and for other purposes.

THURSDAY, DECEMBER 16, 1937.

483

By unanimous consent, the following bill of the House was withdrawn from the Committee on General Appropriations, and recommitted to the Committee on Special Appropriations:
By Messrs. Watkins of Butts, Zellner of Monroe, and Key of Jasper-
House Bill No. 286. A bill to be entitled an Act to appropriate to the State Military Department the sum of $5,000.00 to compensate parents of Privates Terrell A. Maddox and Paul J. Evans, Jr., for their deaths while in line of official duty as members of Company A, 121st Infantry, Georgia National Guard, and for other purposes.
Mr. Key of Jasper County, Chairman of the Committee on Appropriations, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations have had under consideration the following bills of the House and have instructed me, as Chairman, to report the same back to the House with the following recommendations:
House Bills Nos. 287, 310, 278. Do pass.
Respectfully submitted,
KEY of Jasper, Chairman.
Mr. Cogdell of Glynn 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 Vice-Chairman, to report the same back to the House with the following recommendations:
House Bill No. 316. Do pass.
House Bill No. 308. Do pass.
Respectfully submitted,
CoGDELl. of Glynn, Vice-Chairman.

484

JouRNAL oF THE HousE,

Mr. Sartain of Walker County, Chairman of the Committee on Engrossing, submitted the following report:
Mr. Speaker:
Your Committee on Engrossing has examined, found properly engrossed and ready for transmission to the Senate, the following bills and resolution of the House, to-wit:
House Bills Nos. 209, 211, 216, 235, 251, 254, 259, 269, 271, 272, 276, 281.
House Resolution No. 83.
Respectfully submitted,
SARTAIN of Walker, Chairman.
Mr. Groover of Troup County, Chairman of the Committee on Enrolling, submitted the following report:
Mr. Speaker:
Your Committee on Enrolling has examined, found properly enrolled, and ready for transmission to the Governor, the following bills of the House, to-wit:
House Bills Nos. 173, 75.
Respectfully submitted,
GROOVER of Troup, 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 con-
sideration 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. 314. Do pass. House Bill No. 273. Do pass.
Respectfully submitted, RAWLINS of Ben Hill, Chairman.

THURSDAY, DECEMBER 16, 1937.

485

Mr. Deal of Bulloch County, Chairman of the Committee on General Judiciary No. 2, submitted the following report:
Mr. Speaker: Your Committee on General Judiciary No. 2 have had under
consideration the following bills of the House and have instructed me, as Chairman, to report the same back to the House with the following recommendations:
House Bill No. 245. Do not pass. House Bill No. 299. Do pass.
House Bill No. 189. Do not pass.
House Bill No. 265. Do not pass.
Respectfully submitted,
DEAL of Bulloch, Chairman.
Mr. Smith of Dodge County, Chairman of the Committee on Military Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Military Affairs 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. 37. Do pass, as amended.
Respectfully submitted,
SMITH of Dodge, Chairman.
Mr. McCracken of Jefferson 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

486

JouRNAL OF THE HousE,

me, as Chairman, to report the same back to the House with the following recommendations:
House Bill No. 313. Do pass.
House Bill No. 321. Do pass.
Respectfully submitted,
McCRACKEN of Jefferson, Chairman.
Mr. Houston of Worth County, Vice-Chairman of the Committee on Privileges and Elections, submitted the following report:
Mr. Speaker:
Your Committee on Privileges and Elections have had under consideration the following bill of the House and have instructed me, as Vice-Chairman, to report the same back to the House with the following recommendation:
House Bill No. 145. Do pass.
Respectfully submitted,
HousTON of Worth, Vice-Chairman.
Mr. Pound of Hancock 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 of the House and have instructed me, as Chairman, to report the same back to the House with the following recommendations:
House Bill No. 319. Do pass.
House Bill No. 318. Do pass.
House Bill No. 317. Do pass.
House Bill No. 315. Do pass.
Respectfully submitted,
PouND of Hancock, Chairman.

THURSDAY, DECEMBER 16, 1937.

487

Mr. Adams of Franklin County, Chairman of the Committee on Public Library, submitted the following report:
Mr. Speaker:
Your Committee on Public Library 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. 12-38a. Do pass.
Respectfully submitted,
ADAMS of Franklin, Chairman.
Mr. Houston of Worth County, Chairman of the Committee on Special Appropriations, submitted the following report:
Mr. Speaker: Your Committee on Special Appropriations have had under
consideration the following bills and 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. 297. Do pass.
House Bill No. 260. Do pass.
House Resolution No. 60-297b. Do pass.
Respectfully submitted,
HousToN of Worth, Chairman.
Mr. Trapnell of Candler County, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker: Your Committee on Special Judiciary have had under con-
sideration 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. 179. Do pass.
House Bill No. 195. Do pass.

488

JouRNAL oF THE HousE,

House Bill No. 227. Do pass. House Bill No. 290. Do pass. House Bill No. 291. Do pass. House Bill No. 293. Do pass. House Bill No. 295. Do pass. House Bill No. 296. Do pass.
Respectfully submitted, TRAPNELL of Candler, Chairman.
Mr. Coleman 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 con-
sideration 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. 322. Do pass. House Bill No. 247. Do pass. House Bill No. 298. Do pass. House Bill No. 138. Do pass. House Bill No. 132. Do pass.
Respectfully submitted, CoLEMAN of Lowndes, Chairman.
Mr. Coleman of Lowndes County, Chairman of the Committee on State of Republic, submitted the following report:
Mr. Speaker: Your Committee on State of Republic returns herewith
House Bill No. 135, a bill to repeal an Act creating the State Planning Board and House Bill No. 219, a bill to repeal the Soil Conservation Act, for the reason that they do not come

THURSDAY, DECEMBER 16, 1937.

489

within the purview of the legislative call issued by the Governor of the State for this extraordinary session.
Your committee also returns House Resolution 74-315b on the ground that the committee has no jurisdiction of the subject matter contained in said resolution. The resolution calls for information from a Department of State.
Respectfully submitted,
CoLEMAN of Lowndes, Chairman.
Mr. Freeman of Bibb 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:
House Bill No. 274. Do pass.
House Bill No. 249. Do pass.
Respectfully submitted,
FREEMAN of Bibb, Chairman.
By unanimous consent, the following bills and resolutions of the House and Senate, favorably reported, were read the second time:
By Senators Whitehead of the 30th District and Williams of the 5th District-
Senate Bill No. 37. A bill to be entitled an Act to amend Title 86 ("Public Defense") of the 1933 Code, and all laws pertaining thereto, and for other purposes.
By Mr. Hampton of Fannin-
House Resolution No. 12-30a. A resolution authorizing the State Librarian to furnish the Ordinary and Clerk of Superior Court of Fannin County, certain reports of Supreme Court and Court of Appeals, and for other purposes.

490

JouRNAL oF THE HousE,

By Mr. Key of Jasper-
House Resolution No. 6Q-297b. A resolution making appropriation for the payment of insurance premiums on State Property at Tattnall County Prison Farm as required by law, and for other purposes.
By Messrs. Sabados and Durden of Dougherty-
House Bill No. 132. A bill to be entitled an Act relating to restraint of trade on copyrighted vocal or instrumental musical compositions, and for other purposes.
By Messrs. Evans of McDuffie, Brown of Peach, Blease of Brooks, and others-
House Bill No. 138. A bill to be entitled an Act to repeal an Act providing for a mattress inspector of Georgia, and for other purposes.
By Messrs. Peters and McGraw of Meriwether-
Hause Bill No. 145. A bill to be entitled an Act to require candidates for the General Assembly in Meriwether County to specify the incumbent which they desire to oppose or succeed, and for other purposes.
By Mr. Grayson of Chatham-
House Bill No. 179. A bill to be entitled an Act to extend penal laws of State of Georgia relating to illegal practices in general elections, and for other purposes.
By Mr. Dugas of White-
House Bill No. 195. A bill to be entitled an Act to amend an Act requiring payment of fees of clerks and sheriffs of the Superior Court in divorce cases in all counties in Georgia having a population of not less than 6,000 and not more than 6,100 persons, and for other purposes.
By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton-
House Bill No. 227. A bill to be entitled an Act to grant to the proper authorities of Fulton County the right to make zoning laws, and for other purposes.

THURSDAY, DECEMBER 16, 1937.

491

By Messrs. Moore of Lumpkin, DeFoor of Mcintosh, Gross of Stephens, and others-
House Bill No. 247. A bill to be entitled an Act to repeal an Act relating to road and street contracting regulations, and for other purposes.
By Messrs. Dean of Rockdale and Daves of Dooly-
House Bill No. 249. A bill to be entitled an Act to levy one cent per gallon on gasoline in addition to tax now levied, and for other purposes.
By Messrs. Grubbs of Crisp, Cochran of Thomas, Houston of Worth, and others-
House Bill No. 260. A bill to be entitled an Act to appropriate to the Executive Department $100,000 for the prevention and eradication of dangerous insects and plant diseases, and research relative thereto, and for other purposes.
By Messrs. Cochran of Thomas and Houze of Lowndes-
House Bill No. 273. A bill to he entitled an Act to fix regulations for the handling of sea foods by wholesalers, and the issuance of licenses, and for other purposes.
By Messrs. Houze and Coleman of Lowndes-
House Bill No. 274. A bill to he entitled an Act to amend an Act, fixing license fee for automobile tire, tube and accessory businesses and for junk dealers in same, and for other purposes.
By Messrs. Ennis of Baldwin and Lanier of Richmond-
House Bill No. 278. A bill to he entitled an Act to amend the General Appropriations Act, relating to exemption of Chain Store Tax Act, Section 28 of 1937 Acts, and for other purposes.
By Mr. Key of Jasper-
House Bill No. 287. A bill to be entitled an Act to amend an Act entitled "General Appropriation"-Two years ending June 30, 1939, so as to provide for current and past due legislative expenses, and for other purposes.

492

JouRNAL oF THE HousE,

By Messrs. Dampier and Larsen of Laurens-
House Bill No. 290. A bill to be entitled an Act to repeal an Act amending an Act creating the Board of County Commissioners of Laurens County, and for other purposes.
By Messrs. Dampier and Larsen of Laurens-
House Bill No. 291. A bill to be entitled an Act to amend an Act relating to appointment of special criminal bailiffs, solicitors-general, and solicitors of city courts, and for other purposes.
By Messrs. Jones and Smith of Dodge-
House Bill No. 293. A bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues for Dodge County, and for other purposes.
By Mr. Hamby of Rabun-
House Bill No. 295. A bill to be entitled an Act to eliminate the November term of Rabun Superior Court, and for other purposes.
By Mr. Hodges of Liberty-
House Bill No. 296. A bill to be entitled an Act to repeal an Act of the General Assembly of Georgia, relating to abolishing the office of County Treasurer of Liberty County, Georgia, and for other purposes.
By Mr. Mundy of Polk-
House Bill No. 297. A bill to be entitled an Act to make special appropriations to the Regents of the University System of Georgia, so they may cooperate with the U. S. Government in the establishment of a Regional Research Laboratory, and for other purposes.
By Mr. Allison of Gwinnett-
House Bill No. 298. A bill to be entitled an Act to amend an Act entitled "Motor-Fuel Tax Law," by changing expense allowed for collecting said tax, and repeal provision allowing one per cent loss or leakage, and for other purposes.

THURSDAY, DECEMBER 16, 1937.

493,

By Mr. Warnell of Bryan-
House Bill No. 299. A bill to be entitled an Act to amend Section 92-7601 of Code of Georgia, relating to collection and accrual of certain penalties in event executions issued for taxes shall not, on or before certain dates, be paid and satisfied, and for other purposes.
By Mr. Key of Jasper-
House Bill No. 308. A bill to be entitled an Act prohibiting the Division of Wild Life from licensing the use of game or bird traps in the County of Jasper, and for other purposes.
By Messrs. DeFoor of Mcintosh, Hodges of Liberty, Brewton of Evans, and others-
House Bill No. 310. A bill to be entitled an Act to appropriate $20,000 to the Regents of the University of Georgia, for the purpose of establishing a branch of the Coastal Plain Experiment Station, and for other purposes.
By Mr. Zellner of Monroe-
House Bill No. 313. A bill to be entitled an Act to amend an Act authorizing and empowering the Mayor and Aldermen of City of Forsyth to pass and enforce zoning and planning laws, and for other purposes.
By Messrs. Gross of Stephens, Hamby of Rabun, and Jackson of Habersham-
House Bill No. 314. A bill to be entitled an Act to amend an Act providing certain months for fishing in ponds in the Counties of Rabun, Habersham, and Stephens, and for other purposes.
By Mr. Striplin of Heard-
House Bill No. 315. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding two roads in Heard County to the System of State Aid Roads, and for other purposes.
By Mr. Hogg of Marion-
House Bill No. 316. A bill to be entitled an Act amending

494

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an Act creating a Board of Commissioners of Roads and Revenues for the County of Marion, providing for the selection of a clerk, and for other purposes.
By Mr. Middleton of Dade-
House Bill No. 317. A bill to be entitled an Act amending an Act entitled "Highway Mileage," by adding a certain road in Walker County to the System of State Aid Roads, and for other purposes.
By Mr. Daves of Dooly-
House Bill No. 318. A bill to be entitled an Act amending an Act entitled "Highway Mileage," by adding a certain road in Dooly County to the System of State Aid Roads, and for other purposes.
By Messrs. Harris and Lanier of Richmond-
House Bill No. 319. A bill to be entitled an Act amending an Act entitled "Highway Mileage," by adding a certain road in Richmond County to the System of State Aid Roads, and for other purposes.
By Messrs. Harris, Lanier, and Barrett of Richmond-
House Bill No. 321. A bill to be entitled an Act to provide for the permanent tenure for certain officers and employees of the County of Richmond, and for other purposes.
By Messrs. Pound of Hancock and Perry of Worth-
House Bill No. 322. A bill to be entitled an Act to grant authority to governing authorities of each county employing an Agricultural Agent or Home Demonstration Agent, to levy tax for payment of salaries of same, 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 Senator Millican of the 52nd District-
Senate Bill No. 40. A bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, and for other purposes.

THURSDAY, DECEMBER 16, 1937.

. 495

The following amendment was read and adopted:
Mr. Kendrick of Fulton moves to amend, in committee, Senate Bill No. 40, as follows:
By adding at the end of Section 2, the following:
"Materials and supplies shall include such iterns as are normally used or consumed during the current year, and for which a general appropriation has been made and shall not include the purchase of automotive equipment, machinery, construction contracts, or other purchases of materials of a permanent or semi-permanent nature."
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 103, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
By Senator Millican of the 52nd District-
Senate Bill No. 41. A bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Senator Shedd of the 3rd District-
Senate Bill No. 46. A bill to be entitled an Act to amend an Act establishing the City Court of Jesup, and for other purposes.
The report of the committee, favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, the nays 0.

496.

JOURNAL oF THE HousE,

The bill having received the requisite constitutional majority was passed.
By Mr. McGraw of Meriwether-
Hause Bill No. 270. A bill to be entitled an Act to reduce the bond of the Sheriff of Meriwether County, and for other purposes.
The report of the committee, favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were lOG, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Oden of Pierce-
House Bill No. 282. A bill to be entitled an Act to reduce the bond of the Sheriff of Pierce County, and for other purposes.
The report of the committee, favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Lanier, Harris, and Barrett of Richmond-
House Bill No. 288. A bill to be entitled an Act to amend an Act granting a charter to the City of Augusta, and for other purposes.
The report of the committee, favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton-
House Bill No. 302. A bill to be entitled an Act to amend

THURSDAY, DECEMBER 16, 1937.

497

the charter of the City of East Point, and for other purposes.
The report of the committee, favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton-
House Bill No. 303. A bill to be entitled an Act to amend the charter of the City of East Point, and for other purposes.
The report of the committee, favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Morris of DouglasHouse Bill No. 306. A bill to be entitled an Act to repeal
an Act creating a Board of County Commissioners for Douglas County, and for other purposes.
The report of the committee, favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, the nays 0. The bill having received the requisite constitutional majority was passed.
By Mr. Morris of Douglas-
House Bill No. 307. A bill to be entitled an Act to create a Board of County Commissioners for Douglas County, and for other purposes.
The following amendment was read and adopted:
By Mr. Morris of DouglasAn amendment to Local Bill No. 307. To add name of Nesbit
Harper at end of last line page two.

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

On the passage of the bill, as amended, the ayes were 113, the nays 0.

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

By unanimous consent, the following bill of the Senate was read the first time and referred to the committee:
By Senator Millican of the 52nd District-

Senate Bill No. 29. A bill to be entitled an Act to provide for the use of voting machines in cities having a population of 200,000 or more, and for other purposes.

Referred to Committee on Counties and County Matters.

Mr. Dugas of White moved that the House reconsider its action in failing to pass the following bill of the House:
By Mr. Booth of Barrow-

House Bill No. 43. A bill to be entitled an Act to require a tax paid crown on all soft drinks and bottled carbonated or sparkling water, and for other purposes.

On the motion to reconsider, Mr. Harrison of Crawford 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 Allison Barnard Beck Brooks of Jackson Brown of Peach Carmichael of Randolph ClarY Croker Dampier Daves Deal

Drinkard Dugas Dukes Erwin Evans Fitts Fowler
Gary
Gavin Grayson Grubbs Guyton

Harrell of Irwin Harris Harrison Hart Herndon Hogg Holt Jones of Jenkins Kirbo Lanier Lewallen
Manry

THURSDAY, DECEMBER 16, 1937.

499

McGehee McGraw Milam Miller Moore of Baldwin Moore of Haralson Moore of Lumpkin Moore of Taliaferro Newton

Oden Perry Reid of Carroll Sabados Sanders Scruggs Striplin Sutton

Swindle Todd Wall Ware Warnock Welsch Whipple Whitaker Williams of Jones

Those voting in the negative were Messrs.:

Ansley Bargeron Barlow Barrett Batchelor Bennett Blease Brewton Bridges Brooks of Oglethorpe Carmichael of Cobb Chappell Clark Claxton Cogdell Cohen Coleman Corbett Coxon Culpepper of Fayette Davis DeFoor Douglass Drake Dunn Durden Edwards Ellington Elliott Ennis Etheridge Ferguson Field

Flanders Gammage Goff Gross Hand Harden Harrell of Brooks Harvey Hastings Hayes Hendrix Herrin Hill of Clarke Hodges Houston Houze Jones of Bartow Jones of Brantley Jones of Dodge Keel Kendrick Key Lanham Leonard Lewis Mankin Marshall Mavity McCracken McCravey Morgan Morris

Moss Mundy
Palmour Parker Peters Pilcher Preston of Bulloch Ragan Rawlins Rees Reid of Wilcox Rountree Rowland Salter Sams Sapp Sartain Saunders Simmons Smith of Dodge Smith of Muscogee Spence Tapp Thomas Trippe Vickery Walton Warnell Watkins Weaver Whaley Wilson

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Those not voting were Messrs.:

Almand Bond Booth Bradley Brown of Greene Campbell Candler Clements Cochran Culpepper of Mitchell Daughtry Dean Dollar Freeman Groover Hamby

Hampton Hill of Screven Hollis Home Jackson Joel Johnson Jones of Elbert Larsen Martin McNall Middleton Musgrove Newby Patten

Peebles Phillips Pirkle Pound Preston of Walton Smith of Henry Tate Taunton Trapnell Turner Wages Williams of Bacon Yeomans Zellner Mr. Speaker

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

On the motion to reconsider, the ayes were 62, the nays 97.

The motion to reconsider was lost.

The following resolution of the House was read and adopted:

By Mr. Palmour of Hall-
House Resolution No. 82. A resolution-Whereas, the Hon. William J. Phillips, of Hall County, has suffered the loss of a very dear member of his family by the death of his father-in-law, Hon. L. C. Moore, and,

Whereas, the County of Hall has suffered the loss of a most valued citizen by the death of this gentleman,

Therefore, be it resolved that the House of Representatives hereby express its grief at the loss of this esteemed citizen.

Be it further resolved, that a copy of this resolution be furnished the Hon. William J. Phillips and the members of his family, as an expression of sympathy on the part of this body.

The following resolution of the House was read:

By Messrs. Evans of McDuffie, Joel of Clarke, Drinkard of Lincoln, Brown of Peach, Guyton of Effingham, Bond of Oconee, and Scruggs of Washington-

THURSDAY, DECEMBER 16, 1937.

501

House Resolution No. 83. A joint resolution-Whereas, the General Assembly of Georgia has been in session under the call of the Governor for an extraordinary session, since November 22nd, 1937,
And whereas, it is quite apparent that much important legislation will fail to receive any consideration if an adjournment sine die is effected prior to January 15, 1938,
And whereas, no provision has been made for supplying to the counties of the State of Georgia the loss in revenue attendant upon passage of the $2,000.00 homestead exemption law and the $300.00 personalty exemption law,
And whereas, it is the belief of the General Assembly that the revenue for the support of the county governments will be cut at a rate of from 20% to 50% because of the passage of this law, which the General Assembly is whole-heartedly endorsing by a vast majority of its members, and which apparently will be enacted within the next few days,
And whereas, it is the belief of the General Assembly that no adequate provision to supply this deficit can be made between now and Christmas, due to the congested condition of the calendar of both House and Senate,
And whereas it is our desire to remain in session until a definite plan has been enacted into law that will preserve our county governments, which is the home rule that all Democratic Georgians believe in,
Therefore, be it resolved by the House of Representatives, the Senate concurring, that the General Assembly of Georgia, now in extraordinary session convened, take a recess adjournment on Friday, December 17th, at one o'clock P. M. to last until the 3rd day of January, 1938, at which time both Houses shall be reconvened at 11:00 o'clock A. M.; that is, the recess adjournment shall end at that time, and the extraordinary session shall continue,
And be it further resolved, that the per diem salary and all expenses of the members and attaches of both Houses be suspended during the period of recess adjournment, from December 17, 1937 to January 3, 1938.

502

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Mr. Key of Jasper moved the previous question, and the call was sustained.

An amendment offered by Mr. Welsch of Cobb was ruled out of order.

Mr. Key of Jasper moved to table the resolution.

On the motion to table, Mr. Barrett of Richmond moved the ayes and nays, and the call was not sustained.

On the motion to table, the ayes were 75, the nays 75, and the motion to table was lost.

Part 1 of an amendment offered by Mr. Smith of Muscogee was read and lost.

Part 2 of an amendment offered bv Mr. Smith of Muscogee

was ruled out of order.



The following amendment was read and adopted:

Mr. Sabados of Dougherty moves to amend House Resolution No. 83, by changing the date of recess adjournment from December 17th at 1:00 o'clock P.M., to December 22nd, 1937, at adjournment to last until December 28th, 1937, at 10:00 o'clock A. M., at which time both Houses shall be reconvened, and the extraordinary session shall continue, and the recess adjournment shall end.

Mr. Gross of Stephens moved to table the resolution.

The motion to table was lost.

An amendment offered by Mr. Preston of Bulloch was read.

On the adoption of the amendment, Mr. Smith of Muscogee moved the ayes and nays, and the call was not sustained.

Mr. Grayson of Chatham moved that further consideration of the resolution be postponed until December 22nd, immediately after the expiration of the period of unanimous consents, and the motion was lost.

The amendment offered by Mr. Preston of Bulloch was lost.

THURSDAY, DECEMBER 16, 1937.

503

An amendment offered by Messrs. Jones of Brantley and Harrell of Brooks was ruled out of order.
The main question was ordered.
On the adoption of the resolution, as amended, the ayes were 84, the nays 37.
The resolution was adopted, as amended.
By unanimous consent, the resolution was ordered immediately transmitted to the Senate.
Mr. Blease of Brooks arose to a question of personal privilege and addressed the House.
Mr. Jones of Elbert arose to a question of personal privilege and addressed the House.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:
M_r. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate and House, to-wit:
By Senator Brock of the 37th District-
Senate Bill No. 61. A bill amending the charter of the City of Carrollton, with reference to the Water and Light Commission, and for other purposes.
By Senator Brock of the 37th District-
Senate Bill No. 62. A bill amending the charter of the City of Carrollton, and for other purposes.
By Mr. Hampton of Fannin-
House Bill No. 33. A bill amending the Constitution with reference to the bonded indebtedness of Fannin County, and for other purposes.
By Mr. Hampton of Fannin-
House Bill No. 32. A bill amending the Constitution author-

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izing Fannin County to make temporary loans, and for other purposes.

By Mr. Smith of Henry-
House Bill No. 176. A bill amending the charter of the Town of McDonough for the purpose of extending the corporate limits of said city, and for other purposes.

By Mr. Smith of Henry-
House Bill No. 175. A bill amending the charter of McDonough, with reference to fees of candidates for office in said city, and for other purposes.

By Messrs. Sams, Candler, and Turner of DeKalb-

House Bill No. 167. A bill establishing the City of Pine Lake, in the County of DeKalb, and for other purposes.

The Senate has passed, as amended, the following bill of the

House, to-wit:



By Messrs. Grayson, Cohen, and MeNall of Chatham-
House Bill No. 120. A bill amending the Acts of the Legislature effecting the Municipal Court of Savannah, 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 resolutions of the Senate, to-wit:

By Senator Lindsay of the 34th District-
Senate Resolution No. 18. A resolution relieving R. F. Mobley and Joel Lunsford as Sureties on the Bond of Harold Clark, and for other purposes.

The following bill of the House was placed on the calendar for the purpose of considering the unfavorable report of the committee:

THURSDAY, DECEMBER 16, 1937.

505

By Messrs. Blease of Brooks, Evans of McDuffie, Brown of Peach, Guyton of Effingham, and others-
House Bill No. 136. A bill to be entitled an Act to prohibit members of the General Assembly from working for State Government during the term for which they are elected, and for other purposes.
Under the order of business established by the Committee on Rules, the following bill of the House was taken up for consideration and read the third time:
By Messrs. Parker of Colquitt, Preston of Bulloch, Lanier of Richmond, Mundy of Polk, Sutton of Wilkes, and Key of Jasper-
House Bill No. 26. A bill to be entitled an Act to classify property for taxation; to levy taxes on certain classes of intangible personal property; and for other purposes.
The following committee substitute to House Bill No. 26 was read:
By the Committee:
Committee Substitute
A BILL
To be entitled: An Act to classify property for taxation; to levy taxes on certain classes of intangible personal property; to provide that no taxes shall be levied on these particular classes of intangible personal property other than those levied by this Act; to provide for the return, ascertainment, assessment and collection of these taxes and the distribution of the proceeds; to provide for exemptions; to provide penalties for the violation of this Act; to provide the purposes for which the proceeds may be spent; to require bonds in injunction suits; to require certain persons to furnish information to aid in the enforcement of this Act; to authorize proceedings in the Superior C:ourt to obtain information for the enforcement of this Act; to conditionally commute taxes levied but not collected prior to 1938; to provide that the failure to return any bond or note shall be a complete defense to any suit on the same; to provide

506

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limitations upon proceedings to collect taxes levied prior to 1938 against intangible property; to make appropriations for administration; to declare that if any part or application of the Act shall be adjudged to be invalid such judgment shall not affect the remainder of this Act; to repeal all laws and parts of laws in conflict with this Act; and for other purposes.
Be it enacted by the General Assembly of the State of Georgia:
Section 1. The term "Revenue Commission" or "Commission" is hereby defined for purposes of this Act to mean the State Revenue Commission of Georgia or any successor agency which may be established by law; provided that, should the said Revenue Commission be succeeded by two or more agencies of the State, that agency which administers income taxes shall be deemed to be the "Revenue Commission" or "Commission" under the terms hereof.
The word "person" is hereby defined for purposes of this Act as including all individuals, partnerships, associations, fiduciaries and corporations, unless the context clearly implies a different definition.
The word "taxpayer" for purposes of this Act is hereby defined as including all persons required by this Act to file tax returns and pay to appropriate officers or agencies of the State the taxes levied hereby.
The use of the pronouns "he, his, him, or himself" shall be construed to refer not only to individuals but to any, every and all partnerships, associations, firms, fiduciaries and corporations coming within the purview of this Act.
"Intangible personal property" is hereby defined for the purposes of this Act as capital stock of all corporations, money, notes, bonds, accounts or other credits, secured or unsecured, patent rights, copyrights, franchises, and all other classes and kinds of property defined by law as intangible personal property whether or not enumerated in this definition and whether or not similar to those classes enumerated.
"Money" is hereby defined for purposes of this Act as specie, currency, and credits resulting from the deposit of money, currency, checks, bills, notes or the like.

THURSDAY, DECEMBER 16, 1937.

507

Sec. 2. Real property (including leaseholds which are hereby classified as real property) and tangible personal property shall be taxed as now provided by law. All intangible personal property is hereby classified, in keeping with the Constitutional Amendment adopted in 1937. Franchises and all shares of building and loan associations and all shares of banks or banking associations, including Federal Land Banks, together with all moneyed capital in the hands of individual citizens of Georgia coming into competition with the business of National Banks, and accounts receivable and all notes except those representing credits secured by real estate are hereby classified to be taxed as heretofore provided by law and shall not be subject to the provisions of the following sections of this Act.
Sec. 3. (a) A property tax is hereby levied for the year 1938 and annually thereafter at the rate of ten cents ($0.10) on each one thousand dollars ($1,000) of the fair market value of all money as of the first day of January, without deduction of any indebtedness or liability of the taxpayer.
(b) A property tax is also hereby levied for the year 1938 and annually thereafter at the rate of three dollars ($3.00) on each one thousand dollars ($1,000) of the fair market value of all other intangible personal property as of the first day of January (then that subject to tax under subsection (a) of this Section), without deduction of any indebtedness or liability of the taxpayer; provided, however, that this tax shall not apply to those classes of intangible personal property explicitly excluded under the terms of Section 2 of this Act.
(c) The taxes imposed herein shall be in lieu of all other State, county, municipal, and district property taxes on intangible personal property classified for taxation at the rates specified in this Section.
(d) Notwithstanding any provision of this Act, all moneyed capital in the hands of individual citizens of Georgia coming into competition with the business of national banks shall be subject to tax at the same rate which is applicable to said national banks; and it shall be the duty of the Revenue Commission to designate any intangible property reported to it under the provisions of this Act which constitutes moneyed capital in the

508

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hands of individual citizens of Georgia in competition with the business of national banks at the time the assessed valuation is certified under the provisions of this Act to be subjected to the State and local tax rates provided for real and tangible personal property and for bank shares. The Revenue Commission shall certify to the County Tax Commissioner or Receiver the assessed valuations of intangible property subject to local tax and the said Commissioner or Receiver shall place the said intangibles in the hands of individual citizens of Georgia coming into competition with the business of national banks, on the local Tax digest as heretofore provided by law.
(e) Every resident or non-resident person, including partnerships whose members are in whole or in part non-residents of this State, is hereby declared to be subject to the tax imposed in this Act on so much of his property taxable under this Section as shall have been acquired in the conduct of, or used incident to, business carried on or property located in this State. Each such person shall report such property and pay taxes thereon as provided by law.
(f) Intangible property including money owned by a person domiciled in Georgia which has acquired a taxable situs and is subjected to tax in another state incident to the conduct of business located in the said other state shall not be deemed to be taxable under the provisions of this Section.
Sec. 4. (a) Every person owning intangible personal property, classified for taxation under the terms of Section 3 of this Act, is hereby required to file a return thereof (including exempt as well as taxable property except obligations of the United States) with the Commission at the same time and in the same manner that income tax returns are required by law to be filed. Any person required by law to file an income tax return shall file with the same as a separate schedule the return required hereunder giving a description thereof in such form as the Commission may require, showing the face value of all such intangible personal property and such other information as the Commission may require. The said schedule shall be separately sworn to and shall be filed by every owner of intangible personal property listed in Section 3 irrespective of whether the said owner is

THURSDAY, DECEMBER 16, 1937.

509

required by law to file an income tax return. Provided, that intangible personal property belonging to the United States Government or to the State of Georgia or to any political subdivision thereof; intangible personal property belonging to any religious, educational or charitable organization; and money belonging to persons residing outside the State of Georgia (except as provided in Section 3(e) of this Act) shall be excluded from such sworn statement and shall not be taxable.
Provided, however, that any person, agent, trustee, receiver or other fiduciary holding money belonging to others may make returns for such other persons and may pay the tax thereon as provided in this Act when so authorized by i:he person owning such money.
(b) It is hereby provided that failure to list any property for taxation as required by the terms of this Act shall be a bar to any action upon the same in any court and may be pleaded as a complete defense; but the holder thereof may at any time pay all taxes, penalties and accrued interest, including the one hundred per cent (100%) penalty provided in this Act, and thereupon, without dismissal of the original suit, be relieved from the defense above provided.
Sec. 5. It is hereby provided that the schedules required under this Act to be filed with the Revenue Commission shall be subject to the rules and regulations provided for the administration of income taxes in so far as the same may be applicable and shall be subject to the same provisions of law with respect to the right of the Commission to investigate the books and records of any taxpayer or agent of any taxpayer, and shall be subject to hearings and appeals in all respects as provided by law for income taxes.
The provisions of this Act shall not require nor permit any bank doing business in this State to make any returns for any taxpayer, nor pay any tax for any taxpayer.
Sec. 6. In addition to the penalties and interest elsewhere provided in this Act, every taxpayer failing after notice and demand to report for taxation all intangible property which it is his duty to report under the terms of this statute shall pay an

510

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additional penalty as part of the tax imposed hereunder an amount equal to one hundred per cent (100%) of the original tax on property not listed. Any person who shall violate the terms of this Act or shall fail to do any act required of him hereunder shall be deemed guilty of a misdemeanor and punished as provided by law.
Sec. 7. Intangible personal property owned by, or irrevocably held in trust for the exclusive benefit of, religious, educational and charitable institutions, no part of the net profit from the operation of which can inure to the benefit of any private person; the evidence of debt of the State of Georgia, its public institutions and its municipal corporations and subdivisions; and obligations of the United States Government are hereby exempt from the tax imposed by Section 3 of this Act. The common stock of corporations organized under the laws of the State of Georgia are also exempt from said tax; provided that, this exemption shall in no event be construed to apply to shares of banks or banking associations (or moneyed capital in the hands of individual citizens of Georgia in competition with national banks), or to building and loan associations organized under the laws of the State of Georgia, nor shall it be deemed to modify, amend or repeal the provisions of the property tax (including the franchise tax as applied to utility corporations) on property owned by a corporation organized under the laws of Georgia or the capital stock (license) tax applying to corporations organized under the laws of Georgia. However, should any court of last resort determine that exemption of any property provided in this Act is unconstitutional or invalid, it is hereby declared the legislative policy that this Act would have been passed had not such unconstitutional or invalid exemption been incorporated. The General Assembly hereby subjects such intangible personal property to the tax under this Act.
Sec. 8. (a) Every foreign corporation doing business or owning property in Georgia, the stock and bonds of which are subject to tax under this Act, shall on or before the first day of March of each year make a true and correct, verified report to the Commission, giving in such form as the Commission may require, the names and addresses of persons in Georgia who held its

THURSDAY, DECEMBER 16, 1937.

511

shares of stock or its bonds on January 1st next preceding, and in addition thereto a list of stocks or bonds transferred from such persons between November 1 and January 1 next preceding the date of the return.
(b) Every Georgia corporation the bonds and stocks of which are subject to tax under this Act shall on or before the first day of March of each year make a true and correct, verified report to the Commission giving in such form as the said Commission may require, the names and addresses of persons in Georgia who held its bonds and preferred stock on January 1 next preceding, and in addition a list of its bonds and preferred stock transferred from such persons between November 1 and January 1 next preceding the date of the return. (Intangible property transferred prior to January 1 to avoid the tax imposed hereunder or to secure a reduction in the rate thereof is hereby made subject to the tax levied by this Act.)
(c) The Commission, if in its judgment the information is reasonably required for the administration of this Act, is hereby authorized to require any public official, corporation, co-partnership, individual, trustee or pledgee, or any class thereof, to provide a sworn statement respecting the ownership of intangible personal property, or of particular classes thereof, of which said person, or class of persons, has knowlei:lge.
Sec. 9. The Revenue Commission is hereby charged with the administration of this Act. It shall prepare the forms it deems necessary and shall make such rules and regulations as it finds desirable to enforce the provisions hereof. The Commission or its agents authorized in writing so to do may examine any books, papers, records, or other data (including information in the hands of agents or fiduciaries or other persons) bearing upon the correctness of any returns, or for the purpose of making a return where none has been made as required by this Act.
If any individual, corporation, partnership, or fiduciary, or any officer or employee or member of the partnership required under this law to pay any ta.x, make any return, or supply any information, or exhibit any books or records when requested to do so by the Commission, whether with reference to their own

512

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returns or not, shall refuse to do so, the Superior Court for the county in which such person resides shall have jurisdiction by appropriate process to compel such testimony or production of books, papers, or other data.
Sec. 10. As soon as practicable after receipt of the returns of intangible property under Section 4, the Commission shall examine the said returns and fix the value of such property as can be centrally assessed. If the taxpayer shall not file a return, the Commission is hereby authorized to make return for said taxpayer on the basis of information available, and to make assessments. The Commission shall certify the assessments fixed to the various county tax commissioner~ or tax receivers, and the said county tax commissioners or tax receivers shall record the v.alue certified by the Commission and shall make assessment of all property certified but not assessed and shall cause the aggregate values so fixed to be entered on the property tax digest of the county. At or before the time certification is made to local officials, the Commission shall notify the taxpayer of the assessment; and said taxpayer shall have fifteen days within which he may offer objection. The said Commission may, in the event of an error, make a corrected certification, but in no event shall such a correction be made after the tax has become delinquent under the terms of this Act. For this service, notwithstanding the fact that the assessment of all except localized intangible personal property is fixed by the Commission, the county tax receiver or tax commissioner shall be entitled to his usual commissions as though he himself made the assessment. The taxes on said property at the rates fixed herein shall be collected by the county tax collectors subject to general provisions of law as to remuneration of the collector and to all the remedies now provided by law for enforcement or collection of real and tangible personal property taxes. The said intangible property taxes shall be a lien on all the property of the taxpayer with the rank provided by law for tax liens.
Sec. 11. The County Tax Collector, on the basis of his records and of certificates, hereby required to be supplied by each school district, municipality and other taxing district in the county, at least monthly shall distribute the revenue collected from each owner of intangible property between the State and the

THURSDAY, DECEMBER 16, 1937.

513

various local taxing districts in the manner hereinafter set out. This plan of distribution is designed in some substantial measure to compensate taxing districts for the loss of revenues incident to the operation of the Homestead exemptions Amendment to the Constitution of Georgia, adopted in June, 1937, as well as to supply revenue which the said Constitution contemplates shall be available to municipalities, counties, and other taxing districts.
(a) Revenue derived from taxes on intangible personal property the taxable situs of which is not within any incorporated municipality which maintains its own school system, any tax levying school district, or other special taxing district shall be divided between the State, the County General Funds and the County School Funds in the proportion that the aggregate millage rate for county purposes and the aggregate millage rate for school purposes and the aggregate millage rate for State purposes respectively bear to the grand total millage rate for all purposes applicable to real and tangible personal property similarly located.
(b) Revenue derived from taxes on intangible personal property the taxable situs of which is not within any incorporated municipality or other special taxing district but within a tax levying school district shall be divided between the State, the County General Funds, the County School Fund, and the School Fund of the School District in which said property has a taxable situs in the proportion that the millage rate for State purposes, for County purposes, for County School purposes and for local School District purposes respectively bear to the grand total millage rate for all purposes applicable to real and tangible personal property similarly located.
(c) Revenue derived from taxes on intangible personal property the taxable situs of which is within an incorporated municpality but not within any other special taxing district shall be divided between the State, the County General Fund and the Municipal General Fund in the proportion that the aggregate millage rate for county purposes and the aggregate millage rate for municipal purposes respectively bear to the grand total millage rate for all purposes applicable to real and tangible personal

514

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property similarly located; provided, however, that if the school district in which the said intangible property has a taxable situs shall make a levy separate from the municipal levy, the revenue shall be divided between the County General Fund, the Municipal General Fund and the School Fund in the proportion represented by the respective millage rates.
(d) Revenue derived from taxes on intangible personal property the taxable situs of which is within an incorporated municipality but not within any other special taxing district, and within a county having a county-wide school system, shall be divided between the State, County General Fund, County School Fund, and the Municipal General Fund in the proportion that the millage rate for State purposes, for County purposes, for County School purposes, and for Municipal purposes respectively bear to the grand total millage rate for all purposes applicable to real and tangible personal property similarly located.
(e) In the event the said intangible personal property has a taxable situs in some other special taxing district or districts, the division between State, County, School, municipal and other special taxing districts shall be in the proportion represented by the respective aggregate millage rates applicable to real and tangible personal property similarly situated.
Sec. 12. The State's share of the revenue derived from the taxes imposed by Section 3 of this Act shall be covered into the State Treasury. Three per cent (3%) of the State's share of the said revenue is hereby appropriated to the Revenue Commission to be used with the written approval of the Governor for the expenses incident to the administration of this Act and for the expenses of such other public activities imposed by law on the Revenue Commission as the Governor may by executive order specify. In order to render possible the effective administration of this Act during the fiscal year ending June 30, 1938, before any revenue can be realized under the terms hereof, there is hereby appropriated to the Revenue Commission from any funds in the Treasury not otherwise appropriated the sum of sixty-five thousand dollars ($65,000) or so much thereof as may be necessary to enable the said Commission to perform the functions required by this Act.

THURSDAY, DECEMBER 16, 1937.

515

Sec. 13. In all applications to restrain or enjoin the collection of any tax imposed by this Act, the judge, should he grant a restraining order or temporary injunction, shall require the petitioner to give a good and sufficient bond payable to the County Tax Collector in double the amount of the tax, the collection of which is sought to be enjoined, to be approved by the Clerk of the Superior Court, conditioned to pay the tax in the event petitioner does not finally prevail in his effort to resist the payment of the said tax; and it shall be the duty of the Tax Collector to bring suit on said bond and distribute the amount recovered according to the provisions of Section 11.
Sec. 14. The owner of any class of intangible property taxable under Section 3 of this Act, who failed to return such property for taxation in any year prior to 1938, shall be subject to taxes for all prior years within the statute of limitation in the same manner and under the same rules and regulations as heretofore required by law. Except that any taxpayer who complies with the requirements of this Act by making a true return of his intangible property as specified in Section 4 of this Act by March 15, 1938, shall not be required to pay tax on any such intangibles for years prior to 1938, on which no return or assessment has been made or on which no litigation has been instituted either by the taxing authorities or the taxpayer prior to January 1, 1938. Such omitted taxes upon the taxpayer's compliance with the provisions of this Act are hereby declared to be barred as by a statute of limitation.
Sec. 15. If any clause, sentence, paragraph, part or application of this Act shall for any reason be adjudged to be invalid, by any court of competent jurisdiction, such judgment shall not affect, impair, or invalidate the remainder of this Act, but shall be confined in its operation to the clause, sentence, paragraph, part or application thereof directly involved in the controversy in which such judgment shall have been rendered.
Sec. 16. All laws and parts of laws in conflict with this Act are hereby repealed but only to the extent that they are in conflict with this Act.
Mr. Elliott of Muscogee moved that the Committee Substitute be printed, and the motion was lost.

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JouRNAL oF THE HousE,

By unanimous consent, the Clerk was instructed to have the Committee Substitute mimeographed.
Mr. Key of Jasper moved that the House do now adjourn.
Mr. Harris of Richmond moved that the House do now take a recess for one hour.
The motion to adjourn prevailed.
Leaves of absence were granted to Messrs. Peters of Meriwether, Middleton of Dade, and Simmons of Decatur.
The Speaker announced the House adjourned until 10:00 o'clock tomorrow morning.

FRIDAY, DECEMBER 17, 1937.

517

REPRESENTATIVE HALL, ATLANTA, GA.,

FRIDAY, DECEMBER 17, 1937.

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

Dampier

Allison

Daves

Almand

Davis

Ansley

Deal

Bargeron

Dean

Barlow

DeFoor

Barnard

Dollar

Barrett

Douglass

Batchelor

Drake

Beck

Drinkard

Blease

Dugas

Bond

Dukes

Bradley

Dunn

Brewton

Durden

Bridges

Edwards

Brooks of Jackson

Ellington

Brooks of Oglethorpe Elliott

Brown of Peach

Ennis

Campbell

Erwin

Candler

Etheridge

Carmichael of Cobb

Evans

Carmichael of Randolph Ferguson

Clark

Field

Olary

Fitts

Olaxton

Flanders

Olements

Fowler

Cochran

Freeman

Cogdell

Gammage

Cohen

Gary

Coleman

Gavin

Corbett

Goff

Coxon

Grayson

Croker

Gross

Culpepper of Fayette Grubbs

Guyton Hamby Hampton Hand Harden Harrell of Irwin Harris Harrison Hart Harvey Hastings Hayes Hendrix Herndon Herrin Hill of Olarke Hill of Screven Hodges Hogg Hollis Holt Home Houston Houze Jackson Joel Johnson Jones of Bartow Jones of Brantley Jones of Dodge Jones of Elbert Jones of Jenkins Keel Kendrick

518

JoURNAL OF THE HousE,

Key Kirbo Lanham Lanier Larsen Leonard Lewallen Lewis Mankin Manry
Marshall Martin Mavity McCracken McCravey McGehee McGraw McNall Milam Miller Moore of Baldwin Moore of Haralson Moore of Lumpkin Moore of Taliaferro Morgan Morris Moss MundY Musgrove Newby

Newton Oden Palmour Parker Perry Phillips Pilcher Pirkle Pound Preston of Bulloch Preston of Walton Ragan
Rawlins Rees Reid of Carroll Reid of Wilcox Rountree Rowland Sabados Salter Sams Sanders Sapp Sartain Saunders Scruggs Smith of Dodge Smith of Henry Smith of Muscogee Striplin

Sutton Swindle Tapp Tate Taunton Todd Thomas Trapnell Trippe Turner Vickery Wall Wages Walton Ware Warnell Warnock Watkins Weaver Welsch Whaley Whipple Whitaker Williams of Bacon Williams of Jones Wilson Yeomans Zellner Mr. Speaker

Mr. Coleman of Lowndes, Acting Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

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.

FRIDAY, DECEMBER 17, 1937.

519

3. Second reading of bills and resolutions, favorably reported.
4. Third reading and passage of local uncontested bills and resolutions.
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. Patten of Cook-
House Bill No. 342. A bill to be entitled an Act to propose to the qualified voters of Georgia an amendment to the Constitution of Georgia, to authorize the Town of Sparks to incur a bonded indebtedness, and for other purposes.
Referred to Committee on Amendments to Constitution No.2.
By Messrs. Beck and Reid of Carroll-
House Bill No. 343. A bill to be entitled an Act to amend the Georgia Code of 1933 in reference to the speed limit of pneumatic tire vehicles, of less than 10,000 pounds weight, and for other purposes.
Referred to Committee on Public Highways No. 1.
By Messrs. Joel and Hill of Clarke-
House Bill No. 344. A bill to be entitled an Act to amend the charter of the City of Athens, in the County of Clarke, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Weaver of Bibb-
House Bill No. 345. A bill to be entitled an Act to authorize and empower the State Department of Public Welfare to acquire by purchase or gift, a new site for the School for the Deaf; to sell the present site and bulidings located thereon; and for other purposes.
Referred to Committee on Public Welfare.

520

JOURNAL OF THE HousE,

By Mr. Vickery of Charlton-
House Bill No. 346. A bill to be entitled an Act to amend the Georgia Code of 1933, which prescribes the manner and method in which journals or newspapers published in this State may be declared ~r made the official organ of any county for the publication of official or legal advertising in counties having a population of not less than 4,360 and not more than 4,399, and for other purposes.
Referred to Committee on Public Printing.
By Messrs. Holt of Appling, Zellner of Monroe, Daves of Dooly, and Martin of Jeff Davis-
House Bill No. 347. A bill to be entitled an Act to amend Chapter 42-1 ("Inspectors; Regulations in General") of Title 42 ("Food and Drugs") of the Georgia Code of 1933, by adding a new Section 42-119, so as to provide that no new drugs shall be manufactured, compounded, introduced or delivered in this State for use therein unless the packer of such drug holds a joint notice of the findings, and for other purposes.
Referred to Committee on Hygiene and Sanitation.
By Mr. Bennett of Ware-
House Bill No. 348. A bill to be entitled an Act to amend the Georgia Code of 1933, so as to provide for the punishment of persons engaged in the buying of live stock for cash without paying therefor, and for other purposes.
Referred to Committee on General Judiciary No.2.
By Mr. Hastings of Fulton-
House Bill No. 349. A bill to be entitled an Act to amend an Act to create a new charter for the City of Atlanta; in the County of Fulton; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Musgrove of Clinch-
House Bill No. 350. A bill to be entitled an Act to abolish

FRIDAY, DECEMBER 17, 1937.

521

the County Court of Clinch County, Georgia, and for other purposes.
Referred to Committee on .Special Judiciary.
By Mr. Daughtry of Wilkinson-
House Bill No. 84-350a. Whereas, 0. W. Bell, Tax Collector of Wilkinson County, did on November 9, 1931, forward two cashier's checks on the Irwinton Bank to the State Treasury, one in the sum of $300.00, representing payment by him to apply on general tax, and the other .for the sum of $200.00, representing payment by him to apply on poll taxes; and to authorize the Comptroller General to credit him with said amounts; and for other purposes.
Referred to Committee on State of Republic.
By Mr. Warnock of Montgomery-
House Bill No. 351. A bill to be entitled an Act to fix the amount of the bond of the Sheriff of Montgomery County at $3,000, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Key of Jasper-
House Bill No. 352. A bill to be entitled an Act to appropriate money for the purpose of supplementing the appropriation heretofore made in the General Appropriation Bill, approved March 30, 1937, "for the operating costs of the prison farms" by the Prison Commission of Georgia, and for other purposes.
Referred to Committee on Appropriations.
By Messrs. Coleman and Houze of Lowndes-
House Bill No. 353. A bill to be entitled an Act to provide that the issuance and transfer of invalid executions purporting to have been issued, for the collection of State, County or Municipal Taxes, and sales made in obedience to such invalid executions, shall not be held to have satisfied the taxes for the attempted collection of taxes due and unpaid under such circum-

522

JouRNAL oF THE HousE,

stances, to provide for the collection of taxes due and unpaid, and for other purposes.
Referred to Committee on State,of Republic.
By Mr. Sartain of Walker-
House Bill No. 354. A bill to be entitled an Act to provide for the proper display of license or tax tags on motor vehicles and trailers, and for other purposes.
Referred to Committee on Public Highways No. 1.
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, as amended, the following bills of the House, to-wit:
By Mr. Gross of Stephens-
House Bill No. 3. A bill to be entitled an Act to amend Section 68-211 of the Code of 1933 providing for annual fees on motor vehicles, etc., and for other purposes.
By Mr. Holt of Appling-
House Bill No. 178. A bill to be entitled an Act amending an Act creating a Board of Commissioners of Roads and Revenues for the County of Appling, State of Georgia, prescribing their powers and duties, fixing their compensations, 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, ta-wit:
By Senators Shannon of the 21st District, Jackson of the 14th District, and Hardman of the 33rd District-
Senate Bill No. 38. A bill to be entitled an Act to amend

FRIDAY, DECEMBER 17, 1937.

523

an Act approved March 29, known as the "Unemployment Compensation Law," and for other purposes.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House substitute and all amendments thereto to the following bill of the Senate, to-wit:
By Senators Spivey of the 16th District, Atkinson of the 1st District, Pope of the 7th District, and Purdom of the 46th District-
Senate Bill No. 2. A bill to be entitled an Act to provide for homestead exemption from taxation; to fix the amount of said exemption; to determine the value of the homestead; and for other purposes.
The Senate has adopted by substitute the following resolution of the House, to-wit:
By Messrs. Evans of McDuffie, Brown of Peach, and others-
House Resolution No. 83. A resolution to effect a recess for adjournment of the General Assembly for Christmas Holidays, and for other purposes.
By unanimous consent, the following bill of the House was withdrawn from the Committee on Conservation and recommitted to the Committee on Game and Fish:
By Messrs. DeFoor of Mcintosh, Hodges of Liberty, and Cohen of Chatham-
House Bill No. 121. A bill to be entitled an Act amending an Act for a tax on sales of crabs, and for other purposes.
Mr. Cogdell of Glynn 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

524

JouRNAL oF THE HousE,

under consideration the following bill of the House and have instructed me, as Vice-Chairman, to report the same back to the House with the following recommendation:
Senate Bill No. 29. Do pass.
Respectfully submitted,
CoGDELL of Glynn, Vice-Chairman.
Mr. Sartain of Walker County, Chairman of the Committee on Engrossing, submitted the following report:
Mr. Speaker:
Your Committee on Engrossing has examined, found properly engrossed, and ready for transmission to the Senate, the following bills of the House, to-wit:
House Bills Nos. 270, 282, 288, 302, 303, 306, 316.
Respectfully submitted,
SARTAIN of Walker, Chairman.
Mr. Groover of Troup County, Chairman of the Committee on Enrolling, submitted the following report:
Mr. Speaker:
Your Committee on Enrolling has examined, found properly enrolled, and ready for transmission to the Governor, the following bill of the House, to-wit:
House Bill No. 83.
Respectfully submitted,
GROOVER of Troup, Chairman.
Mr. McGraw of Meriwether 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 House and Senate bills and have

FRIDAY, DECEMBER 17, 1937.

525

instructed me, as Chairman, to report the same back to the House with the following recommendations:
Senate Bill No. 45. Do pass.
House Bill No. 266. Do pass.
Respectfully submitted,
McGRAw of Meriwether, Chairman.
Mr. McCracken of Jefferson 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 Senate and have instructed me, as Chairman, to report the same back to the House with the following recommendations:
House Bills Nos. 323, 338, 326, 325. Do pass.
Senate Bill No. 48. Do pass.
Respectfully submitted,
McCRACKEN of Jefferson, Chairman.
Mr. Morgan of Troup County, Vice-Chairman of the Committee on Penitentiary, submitted the following report:
Mr. Speaker: Your Committee on Penitentiary have had under considera-
tion the following bill of the House and have instructed me, as Vice-Chairman, to report the same back to the House with the following recommendation:
House Bill No. 340. Do pass.
Respectfully submitted,
MoRGAN of Troup, Vice-Chairman.
Mr. Gross of Stephens County, Vice-Chairman of the Committee on Public Highways No. 1, submitted the following report:

526

JouRNAL oF THE HousE,

Mr. Speaker: Your Committee on Public Highways No. 1 have had under
consideration the following bills of the House and have instructed me, as Vice-Chairman, to report the same back to the House with the following recommendations:
House Bill No. 207. Do not pass. House Bill No. 284. Do not pass.
Respectfully submitted,
GRoss of Stephens, Vice-Chairman.
Mr. Trapnell of Candler 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 Senate and have instructed me, as Chairman, to report the same back to the House with the following recommendations:
House Bill No. 330. Do pass.
House Bill No. 324. Do pass.
House Bill No. 329. Do pass.
Senate Bill No. 22. Do pass.
Respectfully submitted,
TRAPNELL of Candler, Chairman.
By unanimous consent, the following bills of the House and Senate, favorably reported, were read the second time:
By Senator Phillips of the 29th District-
Senate Bill No. 22. A bill to be entitled an Act providing for compensation to Clerks of Courts and Sheriffs in counties having a population of not less than 8,790 nor more than 8,810, and for other purposes.

FRIDAY, DECEMBER 17, 1937.

527

By Senator Millican of the 52nd District-
Senate Bill No. 29. A bill to be entitled an Act to provide for the use of voting machines at all elections in cities having a population of 200,000 or more, and for other purposes.
By Senator Patten of the 6th District-
Senate Bill No. 45. A bill to be entitled an Act to confer upon the Superior Courts of the State of Georgia power and authority to vary, modify or annul final judgments or decrees for permanent alimony, and for other purposes.
By Senator Moye of the 11th District-
Senate Bill No. 48. A bill to be entitled an Act to amend the charter of the City of Shellman, and for other purposes.
By Mr. Marshall of Macon-
House Bill No. 266. A bill to be entitled an Act to provide for taking possession of automobiles by giving bond when same are seized under Title 58, Chapter 2, Section 207 of the Code of Georgia, and for other purposes.
By Mr. Allison of Gwinnett-
House Bill No. 323. A bill to be entitled an Act to authorize the City of Lawrenceville to enact zoning ordinances, and for other purposes.
By Messrs. Kirbo and Simmons of Decatur-
House Bill No. 324. A bill to be entitled an Act to amend an Act establishing the City Court of Bainbridge, and for other purposes.
By Mr. Ragan of Pulaski-
House Bill No. 325. A bill to be entitled an Act amending an Act creating a new charter for the City of Hawkinsville, and for other purposes.
By Mr. Ragan of Pulaski-
House Bill No. 326. A bill to be entitled an Act to amend an Act creating a charter for the City of Hawkinsville, and for other purposes.

528

JouRNAL oF THE HousE,

By Mr. Warnell of Bryan-
House Bill No. 329. A bill to be entitled an Act repealing an Act to provide for the holding of two additional terms of Superior Court of Bryan County, and for other purposes.
By Mr. Warnell of Bryan-
House Bill No. 330. A bill to be entitled an Act creating and establishing the City Court of Pembroke in and for the County of Bryan, and for other purposes.
By Messrs. Smith and Jones of Dodge-
House Bill No. 338. A bill to be entitled an Act to amend the charter of the City of Eastman, and for other purposes.
By Messrs. Bradley of Tattnall-
House Bill No. 340. A bill to be entitled an Act to create a Board to be known as the State Board of Penal Administration, and for other purposes.
By unanimous consent, the following bills of the House were read the third time, and placed upon their passage:
By Messrs. Peters and McGraw of Meriwether-
Hause Bill No. 145. A bill to be entitled an Act to require candidates in primary elections for members of the General Assembly in Meriwether Cou~ty to specify the particular incumbent they wish to oppose, 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, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton-
House Bill No. 227. A bill to be entitled an Act to grant to the proper authorities in Fulton County the right to enact zoning laws, and for other purposes.

FRIDAY, DECEMBER 17, 1937.

529

The report of the committee, which was favorable to the passage of the hill, was agreed to.
On the passage of the hill, the ayes were 106, the nays 0.
The hill having received the requisite constitutional majority was passed.
By Messrs. Dampier and Larsen of Laurens-
House Bill No. 290. A hill to he entitled an Act amending an Act creating the Board of County Commissioners of Laurens County, and for other purposes.
The report of the committee, which was favorable to the passage of the hill, was agreed to.
On the passage of the hill, the ayes were 113, the nays 0.
The hill having received the requisite constitutional majority was passed.
By Messrs. Jones and Smith of Dodge-
House Bill No. 293. A hill to he entitled an Act to amend that Act creating the office of Commissioner of Roads and Revenues in and for Dodge County, and for other purposes.
The following substitute to House Bill No. 293 was read and adopted:
A BILL
To he entitled an Act to amend that certain Act of the General Assembly of Georgia approved August 19, 1912, (Georgia Laws 1912, pp. 367-372), entitled "An Act to create the office of Commissioner of Roads and Revenues in and for Dodge County, providing the methods of the election of such officer, prescribe his duties and powers, fix his salary and term of office; provide for the management of county affairs; and for other purposes," as amended by the Act approved August 20, 1925, (Georgia Laws 1925, pp. 630--631) authorizing an increase in the amount to he paid for the clerical expenses of said officer, and a~? further amended by that certain Act approved August 5, 1929, (Georgia Laws 1929, p. 593) by adding

530

JouRNAL OF THE HousE,

to Section 6 of said Act approved August 19, 1912, as amended by the Act approved August 20, 1925, and as further amended by said Act approved August 5, 1929, wherein the compensation of the Commissioner and his clerk are fixed and their duties in part prescribed, an additional sentence to provide that no person while holding any public office or appointment whatsoever, whether federal, state, county or municipal, shall be eligible to hold the office of clerk of the Commissioner of Roads and Revenues of said County of Dodge or to receive the emoluments annexed thereto and that the appointment or election of the person holding such office to any other office or .appointment whatsoever and the acceptance thereof or any effort to hold the same shall operate to vacate the office of the clerk of the Commissioner of Roads and Revenues of said county; to repeal all conflicting laws; and for other purposes.
Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same:
Section 1. That Section 6 of that certain Act of the General Assembly of Georgia approved August 19, 1912, (Georgia Laws 1912, p. 371) as amended by that certain Act approved August 20, 1925, (Georgia Laws 1925, pp. 630-631) as further amended by that certain Act approved August 5, 1929, (Georgia Laws 1929, p. 593), wherein the compensation and duties of the Commissioner of Roads and Revenues of the County of Dodge are prescribed and the duties and compensation of the clerk of the Commissioner of Roads and Revenues of said county are prescribed, be amended by adding thereto and immediately following the last word of Section 6 of said Act of 1912 as amended by said Act of 1925 and as further amended by said Act of 1929, the following sentence, to-wit: "No person, while holding any other public office or appointment whatsoever, whether federal, state, county or municipal, shall be eligible to hold the office of clerk of the Commissioner of Roads and Revenues of said County of Dodge or to receive the emoluments annexed thereto, and the appointment or election of the person holding the office of clerk of said Commissioner of Roads and Revenues to any other office or appointment whatsoever, whether federal, state, county or municipal, and the acceptance thereof or an effort to hold any other office, federal, state, county or municipal, while holding

FRIDAY, DECEMBER 17, 1937.

531

the office of clerk of said Commissioner, shall operate to vacate the office of clerk of the Commissioner of Roads and Revenues as created and provided for under the terms of this Act," so that said Section 6 of said Act of 1912 as amended by said Act approved August 20, 1925, as further amended by said Act approved August 5, 1929, when and as amended by this Act shall be and read as follows:

"Sec. 6. Be it further enacted by the authority aforesaid, that said Commissioner shall receive for his compensation, to be paid out of the county treasury, a salary of$3,000.00 per annum for his services, to be paid monthly at the end of each month's service, which salary shall cover all expenses of said office except office expenses, such as stationery, books, and office supplies, clerk hire, and other expenses incurred while transacting business of county. He is authorized to employ a clerk and such other clerical help as he may deem necessary, to keep his minutes and books, and to perform such other duties as he may require, provided that the total amount paid for the services of said clerk and such other clerical help as may be employed shall not exceed the sum of $100.00 per month. He is authorized to employ such labor as he deems wise and expedient, as may be necessary for the best interests of the county, for the purpose of maintaining and working the roads and public property of said county and shall fix the compensation of such persons at such reasonable sum as he may think proper, except as otherwise prescribed by law. No person, while holding any other public office or appointment whatsoever, whether federal, state, county or municipal, shall be eligible to hold the office of clerk of the Commissioner of Roads and Revenues of said County of Dodge or to receive the emoluments annexed thereto, and the appointment or election of the person holding the office of clerk of said Commissioner of Roads and Revenues to any other office or appointment whatsoever, whether federal, state, county or municipal, and the acceptance thereof, or an effort to hold any other office, federal, state, county or municipal, while holding the office of clerk of said Commissioner, shall operate to vacate the office of clerk of the Commissioner of Roads and Revenues as created and prOvided for under the terms of this Act."

532

JouRNAL OF THE HousE,

Sec. 2. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
The report of the committee, which was favorable to the passage of the bill, was agreed to, by substitute.
On the passage of the bill, by substitute, the ayes were 111, the nays 0.
The bill having received the requisite constitutional majority was passed, by substitute.
By Mr. Hamby of Rabun-
House Bill No. 295. A bill to be entitled an Act to eliminate the November term of Rabun Superior Court, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Hodges of LibertyHouse Bill No. 296. A bill to be entitled an Act to repeal an
Act entitled "An Act to abolish the office of County Treasurer 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 the passage of the bill, the ayes were 108, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Harris and Lanier of RichmondHouse Bill No. 309. A bill to be entitled an Act to amend an
Act establishing a Municipal Court 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.

FRIDAY, DEcEMBER 17, 1937.

533

On the passage of the bill, the ayes were 103, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Zellner of Monroe-
House Bill No. 313. A bill to be entitled an Act to amend an Act entitled an Act to consolidate and codify the various Acts incorporating the City of Forsyth, and for other purpo~s.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Hogg of Marion-
House Bill No. 316. A bill to be entitled an Act amending an Act creating a Board of Commissioners of Roads and Revenues for the County of Marion, 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, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Harris and Lanier of Richmond-
House Bill No. 321. A bill to be entitled an Act to provide for the permanent tenure for certain officers and employees of Richmond County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, the nays 0.
The bill having received the requisite constitutional majority was passed.

534

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 Lindsay of the 34th District-
Senate Resolution No. 18. A resolution for relief of Harold Clark, Principal, and Mobley and Lunsford, Sureties, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Senators Shannon of the 21st District, Jackson of the 14th District, and Hardman of the 33rd District-
Senate Bill No. 38. A bill to be entitled an Act to amend the "Unemployment Compensation Law," and for other purposes.
Referred to Committee on Industrial Relations.
By Senator Brock of the 37th District-
Senate Bill No. 61. A bill to be entitled an Act to amend an Act creating a Water and Light Commission for the City of Carrollton, and for other purposes.
Referred to Committee on Municipal Government.
By Senator Brock of the 37th District-
Senate Bill No. 62. A bill to be entitled an Act to amend the charter of the City of Carrollton, and for other purposes.
Referred to Committee on Municipal Government.
The following resolutions of the House were read and adopted:
By Messrs. Joel of Clarke and Herndon of Hart-
House Resolution No. 85. A resolution expressing appreciation to the Rev. Joe Branch, House Chaplain, for his inspiring prayers.
By Messrs. Harrell and Blease of Brooks, Parker and Barlow of Colquitt-
House Resolution No. 86. A resolution expressing sympathy

FRIDAY, DECEMBER 17, 1937.

535

to the family of Hon. Lee W. Branch, deceased, and for other purposes.
The following resolution of the House was read and referred to the Committee on Rules:
By Mrs. Coxon of Long-
House Resolution No. 87-353a. A resolution to place Senate Bill No. 7, by Senator Pruett, on the calendar as a standing and continuing order of business, 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 Senators Purdom of the 46th District and Jackson of the 14th District-
Senate Bill No. 31. A bill to amend Code Section 92-5301 with reference to fees and commissions of tax receivers and tax collectors, and for other purposes.
By Senator Peebles of the 18th District-
Senate Bill No. 56. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Senator Peebles of the 18th District-
Senate Bill No. 57. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Senator Burgin of the 24th District-
Senate Bill No. 73. A bill amending the Constitution with reference to the passage of local bills in the General Assembly, and for other purposes.
The following resolution of the House was taken up for the purpose of considering the Senate substitute thereto:

536

JouRNAL OF THE HousE,

By Messrs. Evans of McDuffie, Brown of Peach, Joel of Clark, and others-
House Resolution No. 83. A resolution providing for a recess adjournment, and for other purposes.
The following Senate substitute to House Resolution No. 83 was read:
By the Senate-A resolution-Whereas, there are many important measures pending before the General Assembly at the present time, and;
Whereas, it is impossible for the House and Senate to give these measures the consideration to which they are entitled and reach a sine die adjournment before the Christmas Holidays, and;
Whereas, the business of most of the members of the General Assembly demands their presence at home during the holidays.
Therefore, be it resolved by the House of Representatives, the Senate concurring, that the General Assembly of Georgia, now in extraordinary session convened, take a recess adjournment on Wednesday, December 22, 1937, at 1:00 o'clock to last until January 3, 1938, at 10:00 o'clock A. M., at which time both Houses shall be reconvened, and the extraordinary session shall continue, and the recess adjournment shall end.
And be it further resolved that mileage allowance, and the per diem salary and all expenses of the members and attaches of both Houses be suspended during the period of recess adjournment, from December 22, 1937 to January 3, 1938.
On the question of agreeing to the Senate substitute, the ayes were 100, the nays 14.
The Senate substitute having failed to receive a majority of the members elected to the House was disagreed to.
Mr. Evans of McDuffie moved that the House reconsider its action in failing to agree to the Senate substitute and the motion prevailed.
On the question of agreeing to the Senate substitute, the ayes were 118, the nays 10.

FRIDAY, DECEMBER 17, 1937.

537

The Senate substitute to House Resolution No. 83 was agreed to.
The following bills of the House were taken up for the purpose of considering the Senate amendments thereto:
By Messrs. Houston and Perry of Worth-
House Bill No. 64. A bill to be entitled an Act to amend an Act to create a new charter for the City of Sylvester, and for other purposes.
The following Senate amendment to House Bill No. 64 was read:
By the Senate-
The Senate moves to amend House Bill No. 64 and the caption thereof as follows:
By striking from the caption of said bill the words "To provide for the salaries of Mayor and members of Council of said City."
By striking from the bill itself all of Section Three (3) and all of Section Four (4) and renumbering the sections following thereafter so that Sections Five (5) and Six (6) will be numbered Sections Three (3) and Four (4) respectively.
Mr. Houston of Worth moved that the House disagree to the Senate amendment, and request that a committee of conference be appointed by the Senate to confer with a like committee to be appointed on the part of the House.
On the motion, the ayes were 131, the nays 0.
The motion prevailed.
By Messrs. Grayson, Cohen, and MeNall of Chatham-
House Bill No. 120. A bill to be entitled an Act to amend the Acts of the Legislature affecting the Municipal Court of Savannah, and for other purposes.
The following Senate amendment to House Bill No. 120 was read:

538

JouRNAL OF THE HousE,

By the Senate-
The Senate moves to amend House Bill No. 120 by adding after the words "or any court of said county" in the 11th and 17th lines of Section 1 of said bill the following:
"The Judge issuing the Warrant or the Chief Judge of the said Court shall have authority to give directibn as to which of said officers shall serve the warrant."
Mr. Grayson of Chatham moved that the House agree to the Senate amendment to House Bill No. 120.
On the motion to agree, the ayes were 123, the nays 0.
The Senate amendment was agreed to.
By Messrs. Carmichael and Welsch of Cobb-
House Bill No. 187. A bill to be entitled an Act to amend an Act which creates the office of Commissioner of Roads and Revenues of Cobb County, and for other purposes.
The following Senate amendment to House Bill No. 187 was read:
By the Senate-
The Senate moves to amend House Bill No. 187 by adding thereto a new section to be numbered appropriately and to read as follows:
"Provided that before any survey is made or ordinance is passed or any other act involving expenses on the part of the Commissioner is performed the petitioners for the proposed zoning or districting shall pay the required cost of all acts necessary to zone or district the area sought to be zoned or districted."
The Senate further moves to amend said bill by adding the word "real" after the word "owning" in line 3 of paragraph 3 of Section 1 thereof.
Mr. Carmichael of Cobb moved that the House agree to the Senate amendment to House Bill No. 187.
On the motion to agree, the ayes were 117, the nays 0.
The Senate amendment was agreed to.

FRIDAY, DECEMBER 17, 1937.

539

By Mr. Holt of Appling-
House Bill No. 178. A bill to be entitled an Act amending an Act creating a Board of Commissioners of Roads and Revenues for Appling County, and for other purposes.
The following Senate amendment to House Bill No. 178 was read:
By the Senate-
The Senate amends House Bill No. 178 by striking wherever it appears the name of John M. Sellers and substituting therefor the name of Seab Craven.
Mr. Holt of Appling moved that the House agree to the Senate amendment to House Bill No. 178.
On the motion to agree, the ayes were 115, the nays 0.
The Senate amendment was agreed to.
By Mr. Herndon of Hart-
House Bill No. 116. A bill to be entitled an Act to amend the Act incorporating the town of Hartwell, and for other purposes.
The following Senate amendment to House Bill No. 116 was read:
By the Senate-
The Senate moves to amend Section 2 by inserting between Section lOf and Section 11, immediately following the words "Hart County" a new paragraph to be known as Section lOg to read as follows:
"Section lOg. Be it further enacted that none of the provisions of this Act shall apply to property returned and assessed for taxation under the provisions of Sections 92-5902 and 926001 of the Code of Georgia of 1933."
Mr. Herndon of Hart moved that the House agree to the Senate amendment to House Bill No. 116.
On the motion to agree, the ayes were 115, the nays 0.

540

JouRNAL oF THE HousE,

The Senate amendment was agreed to.

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

By Messrs. Parker of Colquitt, Preston of Bulloch, Lanier of Richmond, and others-

House Bill No. 26. A bill to be entitled an Act to classify property for taxation; to levy taxes on certain classes of intangible property; and for other purposes.

Mr. Sutton of Wilkes moved that the House do now adjourn until 10:00 o'clock Monday morning, December 20th, 1937.

On the motion, Mr. Jones of Brantley 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
Allison Bargeron Barlow Batchelor Bennett Blease Bond Brewton Brooks of Oglethorpe
Brown of Peach Candler Chappell
Claxton Cochran Corbett Dampier
Deal Douglass Drinkard Dukes Durden Edwards Ellington Elliott Erwin
Evans

Ferguson Fowler
Gary
Goff Grayson Grubbs GuYton Hand Harrell of Irwin
Hart
Harvey Hastings Hendrix Hill of Clarke Hodges Holt Home Houze Joel Jones of Jenkins Kendrick Marshall McCrave;v McGehee McGraw Moore of Baldwin Moore of Lumpkin

Morgan
Mund7 Newby
Palmour Parker Perr;v
Rowland Salter Sams Sartain Saunders Scruggs Striplin Sutton Tapp
Tate Todd Thomas Trippe
Turner Wall Walton Whaley
Whipple Whitaker Williams of Bacon

FRIDAY, DECEMBER 17, 1937.

541

Those voting in the negative were Messrs.:

Barnard Barrett Beck Bradley Carmichael of Cobb Clary
Cohen Coxon Croker Daves DeFoor Drake Dunn Ennis Fitts Hamby Harris Harrison

Hayes Herndon Herrin Hill of Screven Hogg Hollis Jackson .Jones of Brantley Jones of Elbert Key
Kirbo Lanham Lanier Mankin McCracken McNall Miller

Those not voting were Messrs.:

Almand

Gross

Ansley

Groover

Booth

Hampton

Bridges

Harden

Brooks of .Jackson

Harrell of Brooks

Brown of Greene

Houston

Campbell

.Johnson

Carmichael of Randolph .Jones of Bartow

Clark

.Jones of Dodge

Clements

Keel

Cogdell

Larsen

Coleman

Leonard

Culpepper of Fayette Lewallen

Culpepper of Mitchell Lewis

Daughtry

Manry

Davis

Martin

Dean

Mavity

Dollar

Middleton

Dugas

Milam

Etheridge

Moore of Haralson

Field

Moore of Taliaferro

Flanders

Morris

Freeman

Moss

Gammage

Musgrove

OaVin

Oden Pilcher Pirkle Preston of Walton Rees Reid of Carroll Sabados Sanders Sapp Smith of Henry Swindle Vickery Weaver Welsch Wilson Yeomans Zellner
Newton Patten Peebles Peters Phillips Pound Preston of Bulloch Ragan Rawlins Reid of Wilcox Rountree Simmons Smith of Dodge Smith of Muscogee Spence Taunton Trapnell Wages Ware Warnell Warnock Watkins Williams of Jones ]'.lr. Speaker

542

JouRNAL oF THE HousE,

By unanimous consent, the verification of the roll call was dispensed with.
On the motion to adjourn until Monday, the ayes were 80, the nays 52.
The motion prevailed.
Leaves of absence were granted to Messrs. Hamby of Rabun, Gary of Quitman, and Etheridge of Houston.
The Speaker announced the House adjourned until 10:00 o'clock Monday morning, December 20, 1937, and House Bill No. 26 went over until that time under the order of unfinished business:

MoNDAY, DECEMBER 20, 1937.

543

REPRESENTATIVE HALL, ATLANTA, GA.,

MoNDAY, DEcEMBER 20, 1937.

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

Davis

Allison

Deal

Almand

Dean

Ansley

DeFoor

Bargeron

Dollar

Barlow

Douglass

Barnard

Drake

Barrett

Drinkard

Batchelor

Dugas

Beck

Dukes

Blease

Dunn

Bond

Durden

Bradley

Edwards

Brewton

Ellington

Bridges

Elliott

Brooks of Jackson

Ennis

Brooks of Oglethorpe Erwin

Brown of Peach

Etheridge

Campbell

Evans

Candler

Ferguson

Carmichael of Cobb

Field

Carmichael of Randolph Fitts

Clark

Flanders

Clary

Fowler

Claxton

Fre man

Clements

Gammage

Cochran

Gary

Cogdell

Gavin

Cohen

Goff

Coleman

Grayson

Corbett

Gross

Coxon

Grubbs

Croker

Quyton

Culpepper of Fayette Hamby

Culpepper of Mitchell Hampton

Dampier

Hand

Daves

Harden

Harrell of Brooks Harrell of Irwin Harris Harrison Hart Harvey Hastings Hayes Hendrix Herndon Herrin Hill of Clarke Hill of Screven Hodges Hogg Hollis Holt Houston Houze Jackson Joel Johnson Jones of Bartow Jones of Brantley Jones of Dodge Jones of Elbert Jones of Jenkins Kendrick Key Kirbo Lanham Lanier Larsen Leonard Lewallen Lewis Mankin

544

JouRNAL OF THE HousE,

Manry
Marshall Martin
Mavity
McCracken McOravey McGehee McGraw McNall Middleton Milam Miller Moore of Baldwin Moore of Haralson Moore of Lumpkin Moore of Taliaferro Morgan Morris Moss Mundy Musgrove Newby Newton Oden Palmour Parker Perry Peters

Phillips Pilcher Pirkle Pound Preston of Bulloch Preston of Walton Ragan Rawlins Rees Reid of Oarroll Reid of Wilcox Rountree Rowland Sabados Salter Sams Sanders Sapp Sartain Saunders Scruggs Simmons Smith of Dodge Smith of Henry Smith of Muscogee Spence Striplin Sutton

Swindle Tapp
Tate Taunton Todd Thomas Trapnell Trippe Turner ,
Vickery Wall Wages Walton Ware Warnell Warnock Watkins Weaver Welsch Whaley Whipple Whitaker Williams of Bacon Williams of Jones Wilson Yeomans Zellner Mr. Speaker

Mr. Corbett of Atkinson, Acting Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

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.

MoNDAY, DECEMBER 20, 1937.

545

4. Third reading and passage of local uncontested bills and resolutions.
5. First reading and reference of Senate bills and resolutions.
By unanimous consent, the following bills of the House were introduced, read the first time, and referred to the committees:
By Mr. Larsen of Laurens-
House Bill No. 355. A bill to be entitled an Act to amend the Code of Georgia of 1933, entitled" Muniments of Title," and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Messrs. Perry and Houston of Worth, Sabados of Dougherty, Preston of 'vVal ton, and Cochran of Thomas-
House Bill No. 356. A bill to be entitled an Act to amend the General Tax Act of 1935 (Georgia Laws 1935), imposing a tax of $15.00 for each county on traveling horse traders or traveling livestock dealers for each county in which they engage in said business, by increasing the amount of said tax to $250.00 for each county, and for other purposes.
Referred to Committee on General Agriculture No. 1.
By Mr. Adams of Franklin-
House Bill No. 357. A bill to be entitled an Act to authorize the City of Royston to enact zoning ordinances, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Moore of Haralson-
House Bill No. 358. A bill to be entitled an Act amending an Act consolidating the offices of tax collector and tax receiver, to fix compensation for tax commissioner in the County of Haralson, and for other purposes.
Referred to Committee on Counties and County Matters.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:

548

JouRNAl. oF THE Hous~,

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the Senate, to-wit:
By Senator McCutchen of the 43rd District-
Senate Bill No. 69. A bill authorizing and directing the State Librarian to deliver to the library of The University of Georgia School of Law certain public documents, and for other purposes.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:
Mr. Speaker:
The Senate has disagreed to the House amendment to the following Senate bill, to-wit:
By Senator Millican of the 52nd District-
Senate Bill No. 40. A bill to amend an Act establishing a new charter for the City of Atlanta, and for other purposes.
The President has appointed as a Committee of Conference Senators Millican of the 52nd District, Forrester of the 44th District, and Phillips of the 29th District, and the Senate asks that the House appoint a Committee of Conference.
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 and House, to-wit:
By Senators Purdom of the 46th District and Lindsay of the 34th District-
Senate Bill No. 52. A bill to create a State Board to be known as the State Board of Penal Administration, and for other purposes.
By Messrs. Mundy and Trippe of Polk-
House Bill No. 200. A bill to amend the charter of the City of Cedartown, and for other purposes.

MoNDAY, DECEMBER 20, 1937.

547

By Mr. Dollar of Grady-
House Bill No. 236. A bill to repeal an Act establishing a Board of Commissioners of Roads and Revenues of Grady County, and for other purposes.
The Senate has passed, as amended, by the requisite constitutional majority the following bill of the House:
By Mr. Dollar of Grady-
House Bill No. 237. A bill to create a Board of Commissioners of Roads and Revenues of Grady County, and for other purposes.
Mr. Sartain of Walker County, Chairman of the Committee on Engrossing, submitted the following report:
Mr. Speaker:
Your Committee on Engrossing has examined, found properly engrossed, and ready for transmission to the Senate, the following bills of the House, to-wit:
House Bills Nos. 309, 321, 227, 307, 145, 296, 295, 293, 313, 290, 64, 324, 26, 287, 38, 114, 322.
Respectfully submitted,
SARTAIN of Walker, Chairman.

Mr. McGraw of Meriwether 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 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. 18. Do pass.
Respectfully submitted,
McGRAW of Meriwether, Chairman.

548

JouRNAL OF THE HousE,

Mr. McCracken of Jefferson County, Chairman of the Committee on Municipal Government, submitted the following report:
Mr. Speaker:
Your Committee on Municipal Government have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the House with the following recommendation:
House Bill No. 349. Do pass.
Respectfully submitted,
McCRACKEN of Jefferson, Chairman.
Mr. McCracken of Jefferson 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 Senate and have instructed me, as Chairman, to report the same back to the House with the following recommendations:
Senate Bill No. 61. Do pass.
Senate Bill No. 62. Do pass.
Respectfully submitted,
McCRACKEN of Jefferson, Chairman.
Mr. Pound of Hancock 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 of the House and have instructed me, as Chairman, to report the same back to the House with the following recommendations:
House Bill No. 337. Do pass.

MoNDAY, DECEMBER 20, 1937.

549

House Bill No. 327. Do pass.
House Bill No. 333. Do pass.
House Bill No. 335. Do pass.
House Bill No. 334. Do pass.
House Bill No. 332. Do pass.
Respectfully submitted,
PouND of Hancock, Chairman.
By unanimous consent, the following bills of the House and Senate, favorably reported, were read the second time:
By Senator Lindsay of the 34th District-
Senate Resolution No. 18. A resolution for the relief of Harold Clark, Principal, and Mobley and Lunsford, Sureties, and for other purposes.
By Senator Brock of the 37th District-
Senate Bill No. 61. A bill to be entitled an Act amending an Act creating a Water and Light Commission for the City of Carrollton, and for other purposes.
By Senator Brock of the 37th District-
Senate Bill No. 62. A bill to be entitled an Act to amend the charter of the City of Carrollton, and for other purposes.
By Mr. Adams of Franklin-
House Bill No. 327. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," so as to add additional mileage to the System of State Aid Roads, and for other purposes.
By Messrs. Davis, Keel, and Lanham of Floyd-
House Bill No. 332. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," so as to add additional mileage to the System of State Aid Roads, and for other purposes.
By Messrs. Davis, Keel, and Lanham of Floyd-
House Bill No. 333. A bill to be entitled an Act to amend an

550

JoURNAL OF THE HousE,

Act entitled "Highway Mileage," so as to add additional mileage to the System of State Aid Roads, and for other purposes.
By Messrs. Davis, Keel, and Lanham of Floyd-
House Bill No. 334. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," so as to add additional mileage to the System of State Aid Roa:ds, and for other purposes.
By Messrs. Davis, Keel, and Lanham of Floyd-
House Bill No. 335. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," so as to add additional mileage to the System of State Aid Roads, and for other purposes.
By Mrs. Mankin, Messrs. Hastings and Kendrick of Fulton-
House Bill No. 337. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," so as to add additional mileage to the System of State Aid Roads, and for other purposes.
By Mrs. Mankin, Messrs. Hastings and Kendrick of Fulton-
House Bill No. 349. A bill to be entitled an Act to amend an Act creating a new charter for the City of Atlanta, 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 Senator Moye of the 11th District-
Senate Bill No. 48. A bill to be entitled an Act to amend the charter of the City of Shellman, 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, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Allison of Gwinnett-
House Bill No. 323. A bill to be entitled an Act to authorize

MoNDAY, DECEMBER 20, 1937.

551

the City of Lawrenceville to enact zoning ordinances, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Kirbo and Simmons of Decatur-
House Bill No. 324. A bill to be entitled an Act to amend the Acts establishing the City Court of Bainbridge, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, the nays 0.
The bill having received the requisite constitutional majority was passed.
By unanimous consent, the bill was ordered immediately transmitted to the Senate.
By Mr. Ragan of Pulaski-
House Bill No. 325. A bill to be entitled an Act to amend the charter of the City of Hawkinsville, 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, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Ragan of Pulaski-
House Bill No. 326. A bill to be entitled an Act to amend an Act creating. the charter of the City of Hawkinsville, and for other purposes.

552

JouRNAL OF THE HousE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes '_Vere 105, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Warnell of Bryan-
House Bill No. 330. A bill to. be entitled an Act creating and establishing the City Court of Pembroke, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Smith and Jones of Dodge-
House Bill No. 338. A bill to be entitled an Act to amend the charter of the City of Eastman, so as to authorize zoning ordinances, 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 103, the nays 0.
The bill having received the requisite constitutional majority was passed.
By unanimous consent, the following bills of the Senate were read the first time and referred to the committees:
By Senators Purdom of the 46th District and Jackson of the 14th District-
Senate Bill No. 31. A bill to be entitled an Act to amend Code Section 92-5301, with reference to fees and commissions of tax receivers and tax collectors, and for other purposes.
Referred to Committee on General Judiciary No.2.

MoNDAY, DECEMBER 20, 1937.

553

By Senators Purdom of the 46th District and Lindsay of the 34th District-
Senate Bill No. 52. A bill to be entitled an Act to create a State Board to be known as the State Board of Penal Administration, and for other purposes.
Referred to Committee on State Prison Farm.
By Senator Peebles of the 18th District-
Senate Bill No. 56. A bill to be entitled an Act to amend the Highway Mileage Act, by adding a certain road to the State Aid System, and for other purposes.
Referred to Committee on Public Highways No.2.
By Senator Peebles of the 18th District-
Senate Bill No. 57. A bill to be entitled an Act to amend the Highway Mileage Act, by adding a certain road to the State Aid System, and for other purposes.
Referred to Committee on Public Highways No.2.
By Senator McCutchen of the 43rd District-
Senate Bill No. 69. A bill to be entitled an Act authorizing the State qbrarian to furnish certain books to the University of Georgia School of Law, and for other purposes.
Referred to Committee on University System of Georgia and its Branches.
By Senator Burgin of the 24th District-
Senate Bill No. 73. A bill to be entitled an Act amending the Constitution with reference to passage of local bills, and for other purposes.
Referred to Committee on Amendments to Constitution No. 1.
The following bill of the House was taken up for the purpose of considering the appointment of a Committee of Conference on the part of the House:

554

JouRNAL oF THE HousE,

By Messrs. Perry and Houston of Worth-
House Bill No. 64. A bill to be entitled an Act to amend an Act to create a new charter for the City of Sylvester, and for other purposes.
The Speaker appointed the following members as a Committee of Conference on the part of the House, to confer with a like Committee on the part of the Senate:
Messrs. Houston of Worth,
Perry of Worth, and
Grayson of Chatham.
Under the order of unfinished business, the following bill of the House was again taken up for consideration:
By Messrs. Parker of Colquitt, Preston of Bulloch, Lanier of Richmond, Mundy of Polk, Sutton of Wilkes, and Key of Jasper-
House ~ill No. 26. A bill to be entitled an Act to classify property for taxation; to levy taxes on certain classes of intangible personal property; and for other purposes.
The following substitute to House Bill No. 26 was read:
By Mr. Hodges of Liberty-
Substitute for House Bill No. 26.
A BILL
To be entitled An Act to carry into effect the amendment to the Constitution of Georgia approved at the General Election held in June 1937; to classify property for taxation; to provide a method of limitation of taxes on certain classes of intangible personal property; to provide for the return and assessment of the value of intangible personal property and to fix a valuation for intangible property. To require the State Revenue Commission to cooperate with the tax receivers and tax commissioners, or other tax authority who receive returns for taxation in this State; to authorize proceedings in the Superior Courts of this State to compel the production of records, papers,

MoNDAY, DEcEMBER 20, 1937.

555

etc., for the purpose of placing intangible taxes on the Tax Digests of the State; to provide a penalty for the failure of the taxpayer to return intangible personal property for taxation; 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 this Act shall be known as the enabling act to carry into effect the provisions of the amendment to the Constitution of the State of Georgia approved at the General Election held June 1937, providing for the classification of property for taxation, and fixing rate of taxation for the different classes of property.
Sec. 2. That all property for taxation under the laws of this State shall be uniform upon the same class of property, is classified under two cla:sses, as "Tangible property" and "Intangible property."
"Intangible Property" for the purposes of this Act shall include two classes:
(a) The capital stock of all corporations, notes, bonds, accounts receivable and other credits, secured and unsecured, patent rights, copyrights, and franchises, and other property of like kind.
(b) Money, whether in coin, currency or its equivalent shall have two classifications:
(1) Money in deposit in any chartered bank or banking companies, including trust companies, doing a regular banking business in this State, National Banks, and Federal Land Banks, and:
(2) Money not on deposit as provided in subsection one (1) herein next above.
Sec. 3. All tangible property in the State of Georgia shall be returned and taxed as not required by law, except such as is now exempt from taxation under the laws of this State.
Sec. 4. The franchises, shares of stock and accounts receivable of all chartered banks, or trust companies doing a general banking business under the laws of Georgia, National Banks chartered

556

JouRNAL or TH HotJs:E,

under the laws of the United States, and Federal Land Banks, shall be taxed as now provided by law.
Sec. 5. All other intangible property held or owned by individuals, firms, co-partnerships, associations, or corporations shall be returned for and be taxed in the following manner:
The owner or holder of such intangible property shall make return to the local tax receiver, tax commissioner or other person authorized to receive tax returns, in which return he shall minutely describe the property thus returned, with sufficient particularity that same may be identified, in the event it become necessary to determine whether the tax on said property has been paid, and shall be valued at 25 per cent of its fair market value, except money on deposit in banks as hereinafter fixed at a different value, and the State Revenue Commission shall furnish to the several tax receivers, tax commissioners or other persons authorized to receive tax return for the counties of this State, all blanks necessary to make said return of said property.
Sec. 6. All money on deposit in chartered banks and trust companies of this State doing a general banking business, or in National Banks and Federal Land Banks, shall be returned for taxation, and shall be taxed under this Act at ten percent of the value thereof.
Sec. 7. The Revenue Commission of the State of Georgia shall cooperate with the tax receivers, tax commissioners, or other persons whose duty it is to receive returns of property for taxation by the State, county, district, municipality, or other political subdivision of the State, authorized to levy taxes, in assisting such officers in listing and valuation of all property taxed under this Act.
Sec. 8. Should the owner or holder of any intangible property taxed under the provisions of this Act, by the State, county, district, municipality, or other political subdivision thereof, fail or refuse to return the same for taxation as provided in this Act, the tax receiver, tax commissioner or other person authorized to receive return of property for taxation, to return and assess the same at its fair market value, and to add to such valuation 25 per cent on said valuation as a penalty for failure to return the

MoNDAY, DEcEMBER 20, 1937.

557

same, and such property shall be paid on this final increased valuation.
Sec. 9. The tax collectors, tax commissioners or other officers authorized by the laws of this State to collect the taxes in their respective counties, districts, municipalities, or other political subdivisions of this State, shall have all the remedies now provided by law for the enforcement of the collection of taxes against tangible property in this State, to collect the taxes levied under this Act, and said taxes hereby levied shall be assessed and collected along with and as a part of the regular taxes on their digest.
Sec. 10. All taxes assessed and levied under the provisions of this Act shall bear interest after the 20th day of December of each year at the rate of 7 per cent per annum, until paid.
Sec. 11. In case of the taxpayer is dissatisfied with the valuation placed on his intangible property under the provisions of this Act, he shall have all the remedies and rights of appeal, now fixed by law for the final determ!nation of value as other property for taxation in the State, county, municipality, district, or other political subdivision now provided by law.
Sec. 12. All intangible property of this State not returned and subject to be taxed under the laws of this State, and on which a tax has been paid, shall be assessed and taxed as in this Act provided. The effective date of this Act shall be January 1, 1938.
Sec. 13. All laws and parts of laws in conflict with the prOvisions of this Act, shall be, and the same are hereby repealed.
Mr. Weaver of Bibb moved the previous question, and the call was sustained.
Amendments to the committee substitute previously read in the House to House Bill No. 26 were taken up for consideration.
The following amendment was read and adopted:
Mr. Mundy of Polk moves to amend Section 1 of the committee substitute to House Bill No. 26 by striking the words "notes or the like" in line 29 on page 2 and substituting in lieu thereof the following words "and other evidences of such credits."

558

JOURNAL OF THE HousE,

An amendment offered by Mr. Hogg of Marion was read and lost.
An amendment offered by Mr. DeFoor of Mcintosh was read and lost.
An amendment offered by Mr. Jones of Brantley was read and lost.
An amendment offered by Messrs. Jones of Jenkins and Ellington of Gilmer was read and lost.
An amendment offered by Mr. Hill of Screven was read and lost.
An amendment offered by Mr. Houston of Worth was read and lost.
An amendment offered by Mr. McNall of Chatham was read and lost.
Mr. Jones of Brantley moved to table the bill, and the motion was lost.
The following amendments were read and adopted:
Mr. Carmichael of Cobb moves to amend Section Four (4), subsection (a) of the committee substitute to House Bill No. 26 by adding after the word "Act" in line two (2) thereof the following: "except those intangibles classified to be taxed as heretofore provided by law," and further moves to amend subsection (b) of said Section by inserting after the word "property" in line one (1) thereof the words: "with the State Revenue Commission."
Mr. Lanham of Floyd moves to amend the committee substitute for House Bill No. 26 by striking the word "all" and by inserting in lieu thereof the words "each item of," in line 9 of Section 4; and further moves to amend the committee substitute for House Bill No. 26 by inserting in line three (3), Section 4, of the printed substitute the words "describing in detail each item."
Mr. Bennett of Ware moves to amend substitute to House Bill No. 26 by adding after the words "and such other information," in Section 4A, the following words "pertaining to said re-

MoNDAY, DECEMBER 20, 1937.

559

turn" so that the line or sentence shall read, "showing the face value of all such intangible personal property and such other
rineqfomr.mrea. ,tion pertaining to said return as the Commission may
An amendment offered by Mr. Mundy of Polk was read and lost.
An amendment offered by Mr. Bennett of Ware was ruled out of order.
An amendment offered by Mr. Hand of Mitchell was read and lost.
The following amendment was read and adopted:
Mr. Mundy of Polk moves to amend Section 6 of the committee substitute to House Bill No. 26 by striking the figures "100%" in line 6 of said Section on page No. 5 and substituting in lieu thereof "25%" and by inserting in line 7 of said Section 6 between the words "shall" and "violate" the word "wilfully"; and striking in 2nd line of Section 6 "after notice and demand" and inserting the word "to" before the word "report" in line 3.
An amendment offered by Mr. Carmichael of Randolph was ruled out of order.
The following amendments were read and adopted:
Mr. Candler of DeKalb moves to amend Section No.7 of House Bill No. 26, committee substitute, by striking from line No. 13 on page No. 6 thereof the following words: "or to building and
lo.an, associations organized under the laws of the State of Geor-
gta.
Mr. Brooks of Oglethorpe and Mr. Marshall of Macon and Mr. Palmour of Hall move to amend Section 7 of committee substitute to House Bill No. 26 by striking the word "common" where same appears in line 8 of said section.
An amendment offered by Mr. Watkins of Butts was ruled out of order.
An amendment offered by Mr. Hodges of Liberty was ruled out of order.

560

JouRNAL oF THE HousE,

The following amendments were read and adopted:
Mr. Elliott of Muscogee moves to amend the committee substitute to House Bill No. 26, Section 7 by adding after the word "tax" in line 10 the following: "If such corporation pays ad valorem tax in Georgia on not less than 75% of its total assets.',
Messrs. Palmour of Hall and Marshall of Macon move to amend the committee substitute to House Bill No. 26 by inserting in line 6, Section 8, page 6 between the words "its" and "bonds" the word "registered" and by making the same insertion between the same words in lines 7, 14, and 16, the same section.
An amendment offered by Mr. Hodges of Liberty was read and lost.
The following amendment was read and adopted:
Messrs. Carmichael of Cobb, Grayson of Chatham, Freeman of Bibb, and Elliott of Muscogee move to amend the Ways and Means Committee's substitute for House Bill No. 26 on intangible property by adding at the end of Section 11 thereof an addition thereto the following: "Provided that, in the event any allocation or part thereof as herein provided shall, for any reason be adjudged to be invalid, such allocation or part thereof, so invalidated, shall be paid into the State Treasury in the same manner and for the same purposes as hereinafter provided in Section 12 as to the State's share of the revenues derived from the tax imposed by this Act. Provided further that, in the event any allocation or part thereof, as provided herein to be made to municipalities or counties, shall be adjudged to be invalid, the political subdivision affected and all other subdivisions of the same class throughout the State shall be entitled and empowered to impose taxes upon the classes of property, included within this bill, as now provided by law."
An amendment offered by Mr. Whipple of Bleckley was read and lost.
The following amendment was read:
Messrs. Hand of Mitchell, Lewis and Bargeron of Burke, and Brooks of Oglethorpe move to amend the substitute to House
Bill No. 26, as follows:

MoNDAY, DEcEMBER 20, 1937.

561

By striking all of Section 11 and substituting in lieu thereof another section to be numbered Section 11, as follows:

Section 11. All taxes levied under this Act shall be collected by county tax collectors and the tax commissioners upon the basis of the assessments as heretofore prescribed in this Act, and said tax collectors and tax commissioners, after deduction of their commissions allowed by law, are hereby required to remit all funds so collected, prior to the last day of each month during which such taxes are collected, to the Revenue Commission, and all funds remitted to the Revenue Commission, less 1% thereof, which 1% is to be retained by the Revenue Commission for the purpose of administering this Act, shall be paid into the general State Treasury and shall be distributed by the State Treasurer to the several counties of the State on the following basis, to-wit:
Said funds shall be paid monthly by the State Treasurer pro rata to each county treasurer, or other county official or officials authorized to receive county funds in counties not having a county treasurer, on the basis of the ratio of the State-aid system road mileage in said county to the mileage of the entire system, to be expended one-half upon roads and bridges and onehalf for the support of the public schools.
Also move to amend said substitute as follows:
By striking Section 12 in its entirety, and renumbering the succeeding sections and the caption accordingly.

On the adoption of the amendment, Mr. Hand of Mitchell 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.:

Allison Ansley Bargeron Barlow Barnard Barrett Beck Blease Bond

Bradley Brooks of Oglethorpe Brown of Peach Campbell Olar;v Clements Corbett Culpepper of Fa:vette DeFoor

Dollar Drinkard Dukes Ellington Erwin Evans Gavin Goff Grubbs

562

JoURNAL OF THE HousE,

Guyton Hand Harden Hayes Hendrix Herrin Hill of Screven Hodges Jackson Jones of Brantley Jones of Dodge Jones of Jenkins Lewis McCravey

Middleton Moore of Lumpkin Morris Musgrove Newton Palmour Phillips Pilcher Preston of Bulloch Preston of Walton Rees Rowland Salter Sartain

Smith of Dodge Smith of Henry Striplin Tapp Taunton Todd Vickery Whaley Whipple Williams of Bacon Wilson Yeomans Zellner

Those voting in the negative were Messrs.:

Batchelor

Grayson

Booth

Gross

Brewton

Hampton

Bridges

Harrell of Irwin

Brooks of Jackson

Harris

Candler

Harrison

Carmichael of Cobb

Hart

Carmichael of Randolph Harvey

Chappell

Hastings

Cochran

Herndon

Cohen

Hill of Clarke

Coleman

Hogg

Coxon

Hollis

Croker

Horne

Daves

Houston

Davis

Houze

Deal

Joel

Dean

Johnson

Douglass

Jones of Bartow

Drake

Jones of Elbert

Dunn

Kendrick

Edwards

Key

Elliott

Kirbo

Etheridge

Lanham

Ferguson

Lanier

Field

Larsen

Fitts

Leonard

Flanders

Lewallen

Fowler

Mankin

Freeman

Manry

Gammage

Marshall

McCracken McGehee McGraw McNall Milam Miller Moore of Haralson Morgan Moss Mundy Newby Oden Parker Perry Peters Pirkle Ragan Rawlins Reid of Carroll Reid of Wilcox Rountree Sabados Sams Sanders Sapp Saunders Scruggs Simmons Smith of Muscogee Sutton Swindle

MoNDAY, DEcEMBER 20, 1937.

563

Tate Thomas Trapnell Trippe
Turner

Wall Walton Ware Warnell Warnock

Weaver Welsch Whitaker Williams of Jones

Those not voting were Messrs.:

Adams Almand Bennett Brown of Greene Clark Claxton Cogdell Culpepper of Mitchell Dampier Daughtry

Dugas Durden Ennis Gary
Groover Hamby Harrell of Brooks Holt Keel Martin

Mavity
Moore of Baldwin Moore of Taliaferro Patten Peebles Pound Spence Wages Watkins Mr. Speaker

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

On the adoption of the amendment, the ayes were 68, the nays 107.

The amendment was lost.

An amendment offered by Mr. Jones of Elbert was read and lost.
An amendment offered by Mr. Rees of Webster was ruled out of order.

An amendment offered by Mr. Hand of Mitchell was withdrawn by unanimous consent.

The following committee amendment was read and adopted:
Mr. Hodges of Liberty moves to amend the substitute to House Bill No. 26 by striking therefrom the whole of Section 12 and inserting in lieu thereof to be known as Section 12 the following: "The State's share of the revenue derived from the taxes imposed by Section 3 of this Act shall be covered into the State Treasury. For the administrative cost of this Act and for expense thereof the Governor may authorize the Revenue Commission to expend an amount equal to the actual expenses of administering this Act, which shall in no event exceed the sum of

564

JouRNAL oF THE HousE,

1% (one per cent) of the State's share of the Revenue derived from this Act."
An amendment offered by Mr. Jones of Brantley was read and lost.
The following amendment was read and adopted:
Mr. Elliott of Muscogee moves to amend House Bill No. 26, Section 14 by striking after the word "to" in line 12 the words "January 1, 1938" and substituting the words "February 1, 1938."
An amendment offered by Mr. Sahados of Dougherty was withdrawn by unanimous consent.
An amendment offered by Messrs. Sams, Candler, and Turner of DeKalb was read and lost.
The following amendment was read and adopted:
Mr. Sams of DeKalb moves to amend Substitute House Bill No. 26 as follows: Section 14 on page 10 by striking from said Section 14 the following words "or assessment" and all provisions inconsistent with the following, so that same shall, when amended, should read: "except that any taxpayer who complies with the requirements of this Act by making the return specified in Section 4 of this Act by February 1st, 1938, (and on which no litigation has been instituted) shall not he required to pay tax on any such intangibles for years prior to 1938, on which no return has been made," but nothing herein shall prevent or invalidate collection upon an assessment where litigation in court shall now be pending and where such assessment is made prior to such litigation.
An amendment offered by Mr. Bradley of Tattnall was withdrawn by unanimous consent.
An amendment offered by Mr. Jones of Brantley was ruled out of order by the Speaker.
The following amendment to the substitute offered by Mr. Hodges of Liherty was read and adopted:

MoNDAY, DEcEMBER 20, 1937.

565

Messrs. Candler and Sams of DeKalb move to amend the Hodges substitute for House Bill No. 26 by striking therefrom Section 12 and substituting therefor the following:

Section 12. The owner of any class of intangible property taxable under this Act, who failed to return such property for taxation in any year prior to 1938, shall be subject to taxes for all prior years within the statute of limitation in the same manner and under the same rules and regulations as herein required.

"Except that any taxpayer who complies with the requirements of this Act by making a true return specified herein by March 15, 1938 shall not be required to pay tax on any such intangibles for years prior to 1938, on which no return has been made. Such omitted taxes upon the taxpayers' compliance with the provisions of this Act are hereby declared to be barred as by a statute of limitation."

The committee substitute, as amended, to House Bill No. 26 was adopted.

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

On 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.:

Adams Allison Ansley Bargeron Barlow Batchelor Booth Bradley Brewton Bridges Brooks of Jackson Brooks of OglethorPe Brown of Greene Campbell Candler Carmichael of Cobb

Carmichael of Randolph Drinkard

Chappell

Dukes

Clark

Edwards

Clary

Elliott

Clements

Erwin

Cochran

Etheridge

Corbett

Ferguson

Coxon

Field

Croker

Fitts

Daves

Flanders

Davis

Fowler

Deal

Freeman

Dean

Gammage

Dollar

Gavin

Douglass

Grayson

Drake

Gross

566

joURNAL OF THE HousE,

Grubbs GuYton Hampton Hand Harrell of Irwin Harris Harrison Hart Harvey Hastings Hayes Herndon Hill of Clarke Hill of Screven Hogg Hollis Holt Horne Houston Joel Johnson Jones of Bartow Jones of Dodge Jones of Elbert Kendrick Key Kirbo Lanham Lanier Larsen Leonard Lewallen Lewis Mankin

Manry
Marshall Martin McCracken McCravey McGehee McGraw McNall Middleton Milam Miller Moore of Haralson Moore of Lumpkin Morgan Moss Mundy Musgrove Newby Newton Oden Palmour Perry Peters Phillips Pilcher Pound Preston of Bulloch Preston of Walton
Ragan
Rawlins Reid of Wilcox Rountree Rowland

Salter Sams Sanders Sapp Sartain Saunders Scruggs Simmons Smith of Dodge Smith of Henry Smith of Muscogee Sutton Swindle Taunton Todd Thomas Trapnell Trippe
Turner Vickery Wall Walton Ware Warnell Warnock Watkins Weaver Whaley Whitaker Williams of Bacon Williams of Jones Wilson Yeomans

Those voting in the negative were Messrs.:

Barrett Beck Blease Bond Brown of Peach Claxton Culpepper of Fayette Dugas Dunn

Ellington Evans Goff Harden Hendrix Herrin Hodges Jones of Brantley Jones of Jenkins

Pirkle Rees Reid of Carroll Sabados Tapp Welsch Whipple Zellner

MoNDAY, DECEMBER 20, 1937.

567

Almand Barnard Bennett Cogdell Cohen Coleman Culpepper of Mitchell Dampier Daughtry
DeFoor Durden

Ennis
Gary
Groover Hamby Harrell of Brooks Houze Jackson Keel Mavity Moore of Baldwin

Moore of Taliaferro Morris Parker Patten Peebles Spence Striplin Tate Wages Mr. Speaker

Those not voting were Messrs.:

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 148, the nays 26.

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

The bill was ordered immediately transmitted to the Senate.

Mr. Sutton of Wilkes moved that the House recess for one hour, and the motion prevailed.

3:00 o'clock, P.M.

The Speaker called the House to order.

Upon request of Mr. Blease of Brooks, the House stood in silent prayer for one minute in honor of the late Lee W. Branch and wife.

The following bill of the House was taken up for the purpose of considering the Senate amendment thereto:

By Mr. Dollar of Grady-

House Bill No. 237. A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Grady, and for other purposes.

The following Senate amendment to House Bill No. 237 was read:

568

JouRNAL oF THE HousE,

The Senate moves to amend House Bill No. 237 by striking the words "June general election, 1941" from lines 12 and 13 of Section 1, and inserting in lieu thereof the following: "November general election, 1940" and by striking the word "charged" in line 18 of Section 5 and inserting in lieu thereof the word "charge"; and by adding at the end of Section 5 the following: "Said Chairman shall devote his entire time to the affairs of the county or so much thereof as may be necessary to promptly and efficiently attend to his duties."
On the question of agreeing to the Senate amendment, the ayes were 103, the nays 0.
The Senate amendment was agreed to.
The following report of the Committee on Rules was submitted, read, and adopted:
Mr. Speaker:
Your Committee on Rules having had under consideration the fixing of a calendar for Friday, December 17, 1937, do recommend that the following calendar be fixed as a special and continuing order of business immediately following the consideration of House Bill No. 26 known as, Intangible Property Tax.
1. House Bill No. 287 Providing for per diem and mileage of members.
2. House Bill No. 38 Authorizing the levy of tax for operating counties.
3. House Bill No. 114 Being an Act to authorize counties to levy tax for certain purposes.
4. House Bill No. 229 Allocating receipts of beer tax.
5. House Bill No. 27 Reorganization of Revenue Department.
6. House Bill No. 243 Constitutional amendment to effect Butts County.
7. House Bill No. 116 Rolling Stores Tax.
8. House Bill No. 51 Inheritance Tax levy.
Respectfully submitted,
SuTToN of Wilkes, Vice-Chairman.

MoNDAY, DEcEMBER 20, 1937.

569

Under the order of business established by the Committee on Rules, the following bill of the House was taken up for consideration and read the third time:
By Mr. Key of Jasper-
House Bill No. 287. A bifl to be entitled an Act to amend an Act so as to provide for current and past due legislative expenses, and for other purposes.
The House was resolved into the Committee of the Whole House to consider House Bill No. 287, with instruction to limit individual debates of members to ten minutes, and to dispense with the reading of the bill in the Committee, and Mr. Jones of Bartow was named as the Chairman thereof.
The Committee of the Whole House arose and through its Chairman reported the bill back to the House with the recommendation that the same do pass, as amended.
Mr. Sabados of Dougherty moved the previous question, the call was sustained, and the main question was ordered.
The following committee amendment was read:
The committee amends House Bill No. 287 by adding a new paragraph as follows: "That the members of the Legislature shall receive their per diem for each day, beginning November 22, 1937, until sine die adjournment."
On the adoption of the amendment, Mr. Gross of Stephens moved the ayes and nays, and the call was not sustained.
On the adoption of the amendment, the ayes were 101, the nays 30.
The amendment was adopted.
Mr. Batchelor of Putnam requested the Journal to show that he cast his vote against the adoption of the amendment.
An amendment offered by Mr. Joel of Clarke was ruled out of order by the Speaker.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.

570

JouRNAL oF THE HousE,

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

Evans

Allison

Ferguson

Ansley

Field

Bargeron

Freeman

Barlow

Gammage

Barnard

Gavin

Barrett

Goff

Batchelor

Grayson

Blease

Grubbs

Booth

Guyton

Brewton

Harrell of Irwin

Bridges

Harris

Brooks of Jackson

Hart

Brown of Greene

Harvey

Brown of Peach

Hastings

Candler

Herndon

Carmichael of Cobb

Herrin

Carmichael of Randolph Hodges

Clary

Hollis

Claxton

Holt

Cochran

Home

Coleman

Houston

Corbett

Houze

Coxon

Jones of Bartow

Croker

Jones of Brantley

Culpepper of Fayette Jones of Dodge

Deal

Jones of Elbert

DeFoor

Kendrick

Douglass

Key

Drinkard

Larsen

Dugas

Lewis

Dunn

Manry

Edwards

McCracken

Ellington

McCravey

Elliott

McGehee

Erwin

McGraw

Etheridge

McNall

Middleton Miller Moore of Haralson Moore of Lumpkin Morgan Musgrove Newby Newton Oden Perry Peters Phillips Pilcher Pirkle Preston of Bulloch Preston of Walton Ragan Rawlins Rees Reid of Carroll Sabados Salter Sams Smith of Dodge Smith of Henry Tapp Tate Trapnell Turner Vickery Warnell Whaley Whipple Whitaker Wilson Yeomans

Those voting in the negative were Messrs.:

Beck Bond Brooks of Oglethorpe Davis

Drake Dukes Fitts Gross

Hand Harrison Hill of Clarke Hogg

MoNDAY, DEcEMBER 20, 1937.

571

Joel Jones of Jenkins Kirbo Lanham Lanier Lewallen Mankin Marshall Mundy
Palm.our Parker

Pound Rowland Sanders Sapp Sartain Scruggs Simmons Smith of Muscogee Sutton Swindle

Todd Trippe
Walton Ware Warnock Weaver Welsch Williams of Bacon Williams of Jones Zellner

Those not voting were Messrs.:

Almand Bennett Bradley Campbell Chappell Clark Clements Cogdell Cohen Culpepper of Mitchell Dampier Daughtry Daves Dean Dollar Durden Ennis Flanders

Fowler
Gary
Groover Hamby Hampton Harden Harrell of Brooks Hayes Hendrix Hill of Screven Jackson Johnson Keel Leonard Martin
Mavity
Milam

Moore of Baldwin Moore of Taliaferro Morris Moss Patten Peebles Reid of Wilcox Rountree Saunders Spence Striplin Taunton Thomas Wall Wages Watkins Mr. Speaker

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

On the passage of the bill, as amended, the ayes were 110, the nays 43.

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 of the House was read and referred to the Committee on Rules:

572

JouRNAL oF THE HousE,

By Mr. Pound of Hancock-

House Resolution No. 88. A resolution that House Bill No. 322 be placed as a special and continuing order of business, and for other purposes.

Under the order of business established by the Committee on Rules, the following bill of the House was taken up for consideration, and read the third time:

By Mrs. Coxon of Long and Messrs. Key of Jasper and Grayson of Chatham-

House Bill No. 38. A bill to be entitled an Act to amend the General Appropriations Bill, passed at the session of 1937, for the purpose of clarifying the appropriations for old age assistance, aid to dependent children, and aid to needy blind, and for other purposes.

The House was resolved into the Committee of the Whole House to consider House Bill No. 38, and Mr. Fowler of Treutlen was designated as the Chairman thereof.

The Committee of the Whole House arose and through its Chairman reported the bill back to the House with the recommendation that the same do pass.

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

On the passage of the bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Bargeron Barlow Batchelor Blease Booth Bradley Brewton Bridges Brooks of Jackson Brown of Peach Candler

Carmichael of Cobb Carmichael of Randolph Clark Clary Claxton Cochran Corbett Coxon Croker Deal Dean DeFoor

Douglass Drake Dukes Dunn Edwards Elliott Erwin Etheridge Ferguson Fitts Flanders Fowler

MoNDAY, DECEMBER 20, 1937.

573

Freeman Gammage Gavin Goff Grayson Gross Grubbs Guyton Harden Harrell of Irwin Harris Hastings Hayes Herndon Hill of Clarke Hodges Hogg Hollis Holt Houze ;Jackson ;Joel ;Johnson ;Jones of Bartow ;Jones of Dodge ;Jones of Elbert ;Jones of 3 enkins Kendrick

Key Kirbo Lanham Lanier Lewis Manry Marshall McCracken McGehee McGraw McNall Middleton Milam Moore of Haralson Moore of Lumpkin Morgan Mundy Musgrove Newby Oden Palmour Perry Phillips Pilcher Pound Preston of Walton Ragan Rawlins

Reid of Wilcox Rountree Salter Sams Sapp Sartain Scruggs Simmons Smith of Dodge Smith of Henry Striplin Sutton Swindle Tapp Tate Trapnell Trippe Turner Vickery Wall Walton Warnell Warnock Weaver Whaley Williams of 3 ones Yeomans

Those voting in the negative were Messrs.:

Beck Brooks of Oglethorpe Daves Field Hand Hart Herrin

Home 3 ones of Brantley Lewallen McCravey Newton Peters Reid of Carroll

Rowland Sabados Sanders Todd Whipple Wilson Zellner

Those not voting were Messrs.:

Allison Almand Ansley Barnard Barrett Bennett Bond Brown of Greene

Campbell Chappell Clements Cogdell Cohen Coleman Culpepper of Fayette Culpepper of Mitchell

Dampier Daughtry Davis Dollar Drinkard Dugas Durden Ellington

574

JoURNAL OF THE HousE,

Ennis Evans Gary
Groover Hamby Hampton Harrell of Brooks Harrison Harvey Hendrix Hill of Screven Houston Keel Larsen

Leonard Mankin Martin Mavity Miller Moore of Baldwin Moore of Taliaferro Morris Moss Parker Patten Peebles Pirkle Preston of Bulloch

Rees Saunders Smith of Muscogee Spence Taunton Thomas Wages Ware Watkins Welsch Whitaker Williams of Bacon Mr. Speaker

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

On the passage of the bill, the ayes were 119, the nays 21.

The bill having received the requisite constitutional majority was passed.

By unanimous consent, the bill was ordered immediately transmitted to the Senate.
The following report of the Committee on Rules was submitted, read and adopted:

Mr. Speaker:

Your Committee on Rules having had under consideration the amendment of the calendar under which the House is now operating, have instructed me to report that the following calendar be fixed as a special and continuing order of business immediately following the consideration of House Bill No. 38.

1. House Bill No. 114 Enabling Act for Counties. 2. House Bill No. 32 Providing Pay for county agents.

3. Senate Bill No. 7 Providing for pension to Confederate Widows.
4. House bills and resolution with local application.
5. House bills relating to Highway Mileage.

6. House Bill No. 229 allocating receipts of beer tax.

MoNDAY, DECEMBER 20, 1937.

575

7. House Bill No. 27 Reorganization of Revenue Department.
8. House Bill No. 116 Rolling Stores Tax.
9. House Bill No. 51 Inheritance Tax levy.
Respectfully submitted,
SuTToN of Wilkes, Vice-Chairman.
Under the order of business established by the Committee on Rules, the following bills of the House and Senate were taken up for consideration and read the third time:
By Mrs. Coxon of Long and Messrs. Phillips of Hall and Grayson of Chatham-
House Bill No. 114. A bill to be entitled an Act to amend the Code of Georgia of 1933, which provides the purposes for which county taxes may be levied, and for other purposes.
Mr. Kirbo of Decatur moved the previous question, and the call was sustained.
The following amendment was read and adopted:
Mr. Perry of Worth moves to amend House Bill No. 114, by striking at the end of Section One (1) the period and quotation mark, and by adding a comma, and also adding the following words: "provided that the taxes authorized hereby shall not exceed three (3) mills in any one year."
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 106, the 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. Pound of Hancock-
Bouse Bill No. 322. A bill to be entitled an Act to authorize the governing authorities of each of the counties that employ an

576

JouRNAL oF THE HousE,

agricultural agent or home demonstration agent, to levy a tax for the purpose of paying said agent, and for other purposes.
The following amendment to House Bill No. 322 was read and adopted:
Mr. Hollis of Morgan and Mr. Todd of Glascock move to amend House Bill No. 322 by adding the word "and" after the word "agent" in line two (2) of the caption, and by adding the word "and" in line four (4) after the word "agricultural," so that the caption will read when amended as follows: "A bill to be entitled an Act to authorize the governing authorities of each of the counties that employs an agricultural agent and/or home demonstration agent to levy a tax for the purpose of paying said county agricultural and/or home demostration agent; and for other purposes. And moves further to amend Section 1 of said bill by striking the words "one dollar ($1.00)" in line five (5) and adding the words "one dollar and one-half ($1.50)," and inserting the word "or" after the word "and," and before the word "home" in line six (6), so that when amended said Section will read as follows: "Section 1. That by virtue of the authority conferred upon the General Assembly under Article 7, Section 6, paragraph 2 of the Constitution as amended in 1937, each of the counties of the State of Georgia are hereby authorized and empowered to levy and collect a county tax not in excess of one dollar and one-half ($1.50) per thousand dollars worth of taxable property for the purpose of paying county agricultural and/or home demonstration agents."
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 111, the nays 1.
The bill having received the requisite constitutional majority was passed, as amended.
By unanimous consent, the bill was ordered immediately transmitted to the Senate.
By Senator Pruett of the 32nd District-
Senate Bill No. 7. A bill to be entitled an Act to amend the

MoNDAY, DECEMBER 20, 1937.

577

Code of Georgia of 1933, with reference to pensions to widows of Confederate Veterans, and for other purposes.
Mr. Sabados of Dougherty moved the previous question, and the call was sustained.
An amendment offered by Mr. Dugas of White was read and 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 111, the nays 1.
The bill having received the requisite constitutional majority was passed.
By unanimous consent, the bill was ordered immediately transmitted to the Senate.
By Messrs. Harris and Lanier of Richmond-
House Bill No. 107. A bill to be entitled an Act to amend an Act, which provides for the appointment of an assistant solicitor general in lieu of a special criminal bailiff, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Dugas of White-
House Bill No. 195. A bill to be entitled an Act to require the payment of fees of clerks and sheriffs of Superior Courts in divorce cases in certain counties of the State, 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, the nays 0.
The bill having received the requisite constitutional majority was passed.

578

JouRNAL OF THE HousE,

By Mr. Reid of Wilcox-
House Bill No. 215. A bill to be entitled an Act to provide for the holding of three terms a year of the Superior Court of Wilcox 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 103, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Rawlins of Ben Hill-
House Bill No. 256. A hill to be entitled an Act to amend an Act, which deals with the manner of selecting members of the county boards of education in certain designated counties, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were .110, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Warnell of Bryan-
House Bill No. 329. A bill to be entitled an Act to provide for the repeal of an Act to provide for the holding of two additional terms of the Superior Court of Bryan County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Key of Jasper-
House Bill No. 308. A bill to be entitled an Act to prohibit the Division of Wild Life of the Department of Natural Re-

MoNDAY, DECEMBER 20, 1937.

579

sources from licensing the use of game or bird traps in the County of Jasper, 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 103, the nays 1.
The bill having received the requisite constitutional majority was passed.
By Mr. Holt of Appling-
House Bill No. 193. A bill to be entitled an Act to amend an Act in reference to the terms of the Superior Court 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 the passage of the bill, the ayes were 117, the nays 1.
The bill having received the requisite constitutional majority was passed.
By Mr. Claxton of Camden-
House Bill No. 72. A bill to be entitled an Act to empower the governing authorities of certain counties to increase the compensation of sheriffs, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 113, the nays 0.
The bill having received the requisite constitutional majority was passed.
Mr. Palmour of Hall moved that the House do now adjourn until 9:30 o'clock tomorrow morning, and the motion was lost.
By Messrs. Harris and Lanier of Richmond-
House Bill No. 289. A bill to be entitled an Act to authorize counties having a certain population to set up zoning and planning laws, and for other purposes.

580

JouRNAL OF THE HousE,

The following amendments to House Bill No. 289 were read and adopted:

Mr. Sams of DeKalb moves to amend House Bill No. 289, and the caption accordingly, by inserting in Sections 1 and 2, line 3, after the word "Ordinary" the words "or County Commissioner."

Mr. Lanier of Richmond moves to amend House Bill No. 289, striking from caption and body of bill figures "100,000" and substituting in lieu thereof "75,000."

Mr. Sams of DeKalb moves to amend House Bill No. 289, and the caption accordingly, by adding to and at the end of Section 1, "Provided, however, no zone or district may be created or established without the consent of fifty-one percent of the owners of property in said zone or district."

Mr. Williams of Bacon moved that the House do now adjourn until 9:30 o'clock tomorrow morning.

On the motion, Mr. Grayson of Chatham 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.:

Barrett Bond Booth Brooks of Jackson Brown of Peach Olary
Olaxton Oroker Edwards Evans Goff GuYton Harrell of Irwin Harrison Hayes

Hemdon Jones of Dodge Jones of Jenkins Lewallen Lewis McOravey McGehee Middleton Miller Moore of Haralson Moore of Lumpkin Mundy
Newton Palmour Peters

Phillips Pirkle Ragan Sanders Sartain Scruggs Smith of Dodge Todd Trippe Wall Warnock Whaley Whitaker Williams of Bacon

Those voting in the negative were Messrs.:

Adams Allison Ansley

Bargeron Barlow Barnard

Batchelor Bradley Brewton

MoNDAY, DECEMBER 20, 1937.

581

Bridges Brooks of Oglethorpe Candler Carmichael of Cobb Clark Cochran Corbett Coxon Daves Davis Deal DeFoor Dollar DoUglass Drake Dugas Dukes Dunn Erwin Etheridge Ferguson Fitts Flanders Fowler Freeman Gammage Gavin Grayson

Gross Grubbs Hand Harden Herrin Hodges Hogg Hollis Holt Horne Houston Houze .Joel .Jones of Bartow .Jones of Brantley .Jones of Elbert Kendrick Key
Kirbo Lanham Lanier Larsen Manry
Marshall McCracken McNall Milam Morgan

Those not voting were Messrs.:

Almand

Durden

Beck

Ellington

Bennett

Elliott

Blease

Ennis

Brown of Greene

Field

Campbell

Gary

Carmichael of Randolph Groover

Chappell

Hamby

Clements

Hampton

Cogdell

Harrell of Brooks

Cohen

Harris

Coleman

Hart

Culpepper of Fayette Harvey

Culpepper of Mitchell Hastings

Dampier

Hendrix

Daughtry

Hill of Clarke

Dean

Hill of Screven

Drinkard

.Jackson

Newby Parker Perry Pilcher Preston of BUlloch Rawlins Reid of Carroll Reid of Wilcox Rountree Rowland Sabados Sams Sapp Smith of Henry Smith of Muscogee Swindle Tapp Thomas Trapnell Turner Warnell Weaver Welsch Williams of .Jones Wilson Yeomans Zellner
.Johnson Keel Leonard Mankin Martin Mavity McGraw Moore of Baldwin Moore of Taliaferro Morris Moss Musgrove Oden Patten Peebles Pound Preston of Walton Rees

582

JouRNAL oF THE HousE,

Salter Saunders Simmons Spence Striplin

Sutton Tate Taunton VickerY Wages

Walton Ware Watkins Whipple Mr. Speaker

On the motion to adjourn, the ayes were 44, the nays 92.

The motion was lost.

On agreeing to the report of the committee, the ayes were 106, the nays 2.

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 112, the nays 5.

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

Mr. Barrett of Richmond gave notice that at the proper time he would move that the House reconsider its action in passing the bill.

Mr. Lanier of Richmond moved that the bill be immediately transmitted to the Senate.

Mr. Hand of Mitchell moved that the House do now adjourn until 9:30 o'clock tomorrow morning, and the motion prevailed.

Leaves of absence were granted to Messrs. Patten of Cook and Cohen of Chatham.

The Speaker announced the House adjourned until tomorrow morning at 9:30 o'clock.

TuESDAY, DECEMBER 21, 1937.

583

REPRESENTATIVE HALL, ATLANTA, GA.,

TuESDAY, DEcEMBER 21, 1937.

The House met, pursuant to adjournment, this day at 9:30 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

Daves

Allison

Davis

Almand

Deal

Ansley

Dean

Bargeron

DeFoor

Barlow

Dollar

Barnard

Douglass

Barrett

Drake

Batchelor

Drinkard

Beck

Dugas

Blease

Dukes

Bond

Dunn

Booth

Durden

Bradley

Edwards

Brewton

Ellington

Bridges

Elliott

Brooks of Jackson

Ennis

Brooks of Oglethorpe Erwin

Brown of Greene

Etheridge

Brown of Peach

Evans

Campbell

Ferguson

Candler

Field

Carmichael of Cobb

Fitts

Carmichael of Randolph Flanders

Clark

Fowler

Clary

Freeman

Claxton

Gammage

Cochran

Gary

Cogdell

Gavin

Coleman

Goff

Corbett

Grayson

Coxon

Gross

Croker

Grubbs

Culpepper of Fayette Guyton

Dampier

Hamby

Hampton Hand Harden Harrell of Brooks Harrell of Irwin Harris Harrison Hart Harvey Hastings Hayes Hendrix Herndon Herrin Hill of Clarke Hill of Screven Hodges Hogg Hollis Holt Home Houston Houze Jackson Joel Johnson Jones of Bartow Jones of Brantley Jones of Dodge Jones of Elbert Jones of Jenkins Keel Kendrick Key Kirbo

584

JoURNAL OF THE HousE,

Lanham Lanier Larsen Leonard Lewallen Lewis Mankin Manry Marshall Martin Mavity McCracken McCravey McGehee McGraw McNall Middleton Milam Miller Moore of Baldwin Moore of Haralson Moore of Lumpkin Moore of Taliaferro Morgan Morris Moss Mundy Musgrove Newby Newton

Oden Palmour Parker Perry
Peters Phillips Pilcher Pirkle Pound Preston of Bulloch Ragan Rawlins Rees Reid of Carroll Reid of Wilcox Rountree Rowland Sabados Salter Sams Sanders Sapp Sartain Saunders Scruggs Simmons Smith of Dodge Smith of Henry Smith of Muscogee Spence

Striplin Sutton Swindle Tapp Tate Taunton Todd Thomas Trapnell Trippe Turner Vickery Wall Wages Walton Ware Warnell Warnock Watkins Weaver Welsch Whaley Whipple Whitaker Williams of Bacon Williams of Jones Wilson Yeomans Zellner Mr. Speaker

Mr. Key of Jasper, Acting Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

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.

TuESDAY, DECEMBER 21, 1937.

585

3. Second reading of bills and resolutions, favorably reported.
4. Third reading and passage of local uncontested bills and resolutions.
5. First reading and reference of Senate bills and resolutions. .
By unanimous consent, the following bills and resolution of the House were introduced, read the first time, and referred to the committees:
By Mr. Welsch of Cobb-
House Bill No. 359. A bill to be entitled an Act to amend the Georgia Code of 1933, by providing for the abolishment of death by electrocution and substituting therefor death by the administration of lethal gas, and for other purposes.
Referred to Committee on General Judiciary No.2.
By Messrs. Candler, Sams, and Turner of DeKalb-
House Bill No. 360. A bill to be entitled an Act to amend an Act creating the Municipal Court of Atlanta, and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Sams, Candler, and Turner of DeKalb-
House Bill No. 361. A bill to be entitled an Act to amend the General Tax Act of 1935, so as to exempt from the operation of said Act, peanut vending machines, and for other purposes.
Referred to Committee on Ways and Means.
By Mr. Adams of Franklin-
House Bill No. 362. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding a certain road in Franklin County, and for other purposes.
Referred to Committee on Public Highways No.2.
By Mr. Marshall of Macon-
House Bill No. 363. A bill to be entitled an Act to amend the Code of Georgia of 1933, in reference to repeal of charters of

586

JouRNAL OF THE HousE,

cities of less than fifty thousand population, and for other purposes.
Referred to Committee on Amendments to Constitution No.2.
By Mr. Reid of Wilcox-
House Resolution No. 91-363a. A resolution to provide for the numbering of the seats in the House and Senate showing the present and future occupants thereof, and for other purposes.
Referred to Committee on Halls and Rooms.
By Mr. Booth of Barrow-
House Bill No. 364. A bill to be entitled an Act to amend an Act creating the charter of the City of Winder, in and for the County of Barrow, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Barrett of Richmond-
House Bill No. 365. A bill to be entitled an Act to amend an Act 1876, (Georgia Laws 1876), regulating the time for which the Mayor of the City of Augusta shall hold office, and making the incumbent ineligible for re-election, and for other purposes.
Referred to Committee on Municipal Government.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House, to-wit:
By Mrs. Mankin and Messrs. Kendrick and Hastings of Fulton-
House Bill No. 47. A bill to amend the sanitary laws in certain counties, and for other purposes.
By Messrs. Candler, Sams, and Turner of DeKalb-
House Bill No. 128. A bill to amend an Act creating a new charter for the City of Decatur, and for other purposes.

TuESDAY, DEcEMBER 21, 1937.

587

By Mr. Thomas of Chattooga-
House Bill No. 156. A bill to reduce the official bond of the Sheriff of Chattooga County, and for other purposes.
By Mr. Clary of Columbia-
House Bill No. 209. A bill reducing the bond of the Sheriff of Columbia County, and for other purposes.
By Messrs. Kirbo and Simmons of Decatur-
House Bill No. 211. A bill reducing the bond of the Sheriff of Decatur County, and for other purposes.
By Mr. Herndon of Hart-
House Bill No. 216. A bill amending the Act creating the office of Tax Commissioner of Hart County, and for other purposes.
By Messrs. Elliott, Smith, and Leonard of Muscogee-
House Bill No. 220. A bill amending the Act amending the charter of the City of Columbus with reference to general elections, and for other purposes.
By Mrs. Mankin and Messrs. Hastings and Kendrick of FultonHouse Bill No. 222. A bill amending the Act changing the
name of the City of Manchester to the name of College Park, and for other purposes.
By Mr. Musgrove of Clinch-
House Bill No. 235. A bill amending the Act abolishing the County Court of Clinch County, and for other purposes.
By Mr. Booth of Barrow-
House Bill No. 251. A bill amending the Act creating a Board of Commissioners of Roads and Revenues for Barrow County, and for other purposes.
By Mr. Oden of PierceHouse Bill No. 252. A bill amending the Act with reference
to the Tax Receiver and Tax Collector of Pierce County, and for other purposes.

588

JouRNAL OF THE HousE,

By Mr. Harrell of Brooks-
House Bill No. 231. A bill amending the charter of the City of Quitman with reference to appropriations, and for other purposes.
By Mr. Oden of Pierce-
House Bill No. 253. A bill creating the offices of Tax Receiver and Tax Collector of Pierce County, and for other purposes.
By Messrs. Lanham, Keel, and Davis of Floyd-
House Bill No. 254. A bill to amend the charter of the City of Rome, and for other purposes.
The Senate has passed, as amended, by the requisite constitutional majority, the following bill of the House:
By Mr. Whaley of Telfair-
Hause Bill No. 259. A bill to abolish the offices of Tax Receiver and Tax Collector 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, as amended, the following bills of the House, to-wit:
By Messrs. Thomas of Chattooga and Sutton of Wilkes-
House Bill No. 59. A bill to amend an Act relating to cigars and cigarettes, and for other purposes.
By Mr. DeFoor of Mcintosh-
House Bill No. 61. A bill to amend Section 45-308 of Georgia Code of 1933, relating to marsh hens, and for other purposes.
By Mr. Tapp of Gwinnett-
House Bill No. 205. A bill creating a new charter for the City of Buford, and for other purposes.

TuESDAY, DECEMBER 21, 1937.

589

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 52nd District-
Senate Bill No. 43. A bill amending Code Section 59-101, with reference to jury commissioners and the removal of same, and for other purposes.
By Senator Millican of the 52nd District-
Senate Bill No. 53. A bill amending Section 92-4910 to provide for weekly settlement by tax collectors, and for other purposes.
By Senator Millican of the 52nd District-
Senate Bill No. 68. A bill amending the Act providing for pensions in counties having a population of 150,000 or more, and for other purposes.
By Senator Williams of the 5th District-
Senate Bill No. 70. A bill authorizing Highway Mileage from the City of Waycross to the City of Lakeland, and for other purposes.
By Senator Williams of the 5th District-
Senate Bill No. 72. A bill amending the Constitution so as to authorize trustees of certain schools in Ware County to incur a bonded indebtedness, and for other purposes.
By Senator Williams of the 5th District-
Senate Bill No. 75. A bill amending the Constitution so as to authorize the Town of Willacoochee to incur bonded indebtedness, and for other purposes.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:

590

JouRNAL OF THE HousE,

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House, to.-wit:
By Mr. Ennis of Baldwin-
House Bill No. 276. A bill amending an Act establishing a new charter for the City of Milledgeville, and for other purposes.
By Mr. Moore of Lumpkin-
House Bill No. 40. A bill amending Section 92-1410, relating to distribution of tax derived from gasoline, 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 House, to-wit:
By Mr. McGraw of Meriwether-
Hause Bill No. 270. A bill reducing the bond of the Sheriff of Meriwether County, and for other purposes.
By Mr. Johnson of Chattahoochee-
House Bill No. 271. A bill amending the Act creating the new Board of Commissioners for the County of Chattahoochee, and for other purposes.
By Mr. Hogg of Marion-
House Bill No. 316. A bill amending the Act creating a Board of Commissioners for the County of Marion, 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:

TuESDAY, DECEMBER 21, 1937.

591

By Senators Purdom of the 46th District and Lindsay of the 34th District-
Senate Bill No. 49. A bill to be entitled an Act to change the name of the Prison Commission of the State of Georgia to "The State Prison and Parole Commission," and for other purposes.
Mr. Sams of DeKalb County, Vice-Chairman of the Committee on Amendments to the Constitution No. 2, submitted the following report:
Mr. Speaker:
Your Committee on Amendments to the Constitution No. 2 have had under consideration the following bill and resolutions of the House and Senate and have instructed me, as Vice-Chairman, to report the same back to the House with the following recommendations:
Senate Resolution No. 12. Do pass.
House Bill No. 342. Do pass.
House Resolution No. 81-338a. Do pass.
Respectfully submitted,
SAMS of DeKalb, Vice-Chairman.
Mr. Brown of Greene 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. 328. Do pass.
House Bill No. 331. Do pass.
House Bill No. 336. Do pass.

592

JouRNAL oF THE HousE,

House Bill No. 351. Do pass. House Bill No. 358. Do pass.
Respectfully submitted,
BROWN of Greene, Chairman.
Mr. Sartain of Walker County, Chairman of the Committee on Engrossing, submitted the following report:
Mr. Speaker:
Your Committee on Engrossing has examined, found properly engrossed and ready for transmission to the Senate, the following bills of the House, to-wit:
House Bills Nos. 72, 107, 193, 195, 215, 256, 308, 323, 325, 326,329,330,338,289,3,6.
Respectfully submitted,
SARTAIN of Walker, Chairman.
Mr. Groover of Troup County, Chairman of the Committee on Enrolling, submitted the following report:
Mr. Speaker:
Your Committee on Enrolling has examined, found properly enrolled and ready for transmission to the Governor, the following bills of the House, to-wit:
House Bills Nos. 254, 271, 316, 82.
Respectfully submitted,
GROOVER of Troup, Chairman.

Mr. Deal of Bulloch County, Chairman of the Committee on General Judiciary No.2, submitted the following report:
Mr. Speaker:
Your Committee on General Judiciary No. 2 have had under consideration the following bill of the Senate and have instructed

TuESDAY, DECEMBER 21, 1937.

593

me, as Chairman, to report the same back to the House with the following recommendation:
Senate Bill No. 31. Do pass, as amended.
Respectfully submitted,
DEAL of Bulloch, Chairman.
Mr. Zellner of Monroe 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 with the following recommendation:
House Bill No. 347. Do pass.
Respectfully submitted,
ZELLNER of Monroe, Chairman.
Mr. Kendrick of Fulton 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 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. 141. Do pass.
Senate Bill No. 38. Do pass.
Respectfully submitted,
KENDRICK of Fulton, Chairman.

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 considera-

594

JouRNAL OF THE HousE,

tion 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. 42. Do pass.
Respectfully submitted,
MRs. CoxoN of Long, Chairman.
Mr. Trapnell of Candler County, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the House with the following recommendation:
House Bill No. 350. Do pass.
Respectfully submitted,
TRAPNELL of Candler, Chairman.
Mr. Bradley of Tattnall County, Chairman of the Committee on State Prison Farm, submitted the following report:
Mr. Speaker:
Your Committee on State Prison Farm 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. 52. Do pass.
Respectfully submitted,
BRADLEY of Tattnall, Chairman.
By unanimous consent, the following bills and resolutions of the House and Senate, favorably reported, were read the second time:
By Senators Shedd of the 3rd District and Knabb of the 4th District-

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595

Senate Resolution No. 12. A resolution proposing an amendment to the qualified voters, giving the right to any county to levy a tax for the purpose of providing forest fire protection, and for other purposes.
By Senators Purdom of the 46th District and Jackson of the 14th District-
Senate Bill No. 31. A bill to be enti#ed an Act to amend the Code with reference to fees and commissions of tax receivers and tax collectors, and for other purposes.
By Senators Shannon of the 21st District, Jackson of the 14th District, and Hardman of the 33rd District-
Senate Bill No. 38. A bill to be entitled an Act to amend an Act known as "The Unemployment Compensation Law," and for other purposes.
By Senator Pruett of the 32nd District-
Senate Bill No. 42. A bill to be entitled an Act to amend the Act of the General Assembly, approved February 26, 1937, and known as the Public Assistance to Aged Act, appearing in Georgia Laws of 1937, by striking therefrom Section 15 providing for the recovery from the estate of any recipient of Old Age Assistance, and for other purposes.
By Senators Purdom of the 46th District and Lindsay of the 34th District-
Senate Bill No. 52. A bill to be entitled an Act to create a State Board to be known as The State Board of Penal Administration, arid for other purposes.
By Mr. Brooks of Oglethorpe-
House Bill No. 141. A bill to be entitled an Act to restrict appeal from awards by the Industrial Board; to provide that certain appeals now pending shall be dismissed, except upon compliance with the terms of this Act; and for other purposes.
By Mr. Jones of Brantley-
Hause Bill No. 328. A bill to be entitled an Act amending an Act abolishing the offices of Tax Receiver and Tax Collector of Brantley County, Georgia, and for other purposes.

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By Mr. Jones of Jenkins-
House Bill No. 331. A bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues of Jenkins County, Georgia, and for other purposes.
By Mr. Middleton of Dade-
House Bill No. 336. A bill to be entitled an Act to amend an Act abolishing the offices of Tax Collector and Tax Receiver of Dade County, Georgia, and for other purposes.
By Messrs. Blease of Brooks, Hampton of Fannin, Whaley of Telfair, and others-
House Resolution No. 81-338a. A resolution proposing an amendment to the Constitution providing that any person who holds the office of governor for two consecutive terms is eligible for re-election to a third term at the expiration of two years, and for other purposes.
By Mr. Patten of Cook-
House Bill No. 342. A bill to be entitled an Act to propose to th,e qualified voters an amendment to the Constitution authorizing the Town of Sparks to incur a bonded indebtedness, in addition to that heretofore allowed, and for other purposes.
By Messrs. Holt of Appling, Zellner of Monroe, and others-
House Bill No. 347. A bill to be entitled an Act to amend an Act by adding a new section to" Foods and Drugs," to be known as Section 42-119; in reference to the sale and use of new drugs; and for other purposes.
By Mr. Musgrove of Clinch-
House Bill No. 350. A bill to be entitled an Act to abolish the County Court of Clinch County, Georgia, and for other purposes.
By Mr. Warnock of Montgomery-
House Bill No. 351. A bill to be entitled an Act to fix the amount of the bond of the Sheriff of Montgomery County, Georgia, and for other purposes.

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597

By Mr. Moore of Haralson-
House Bill No. 358. A bill to be entitled an Act amending an Act consolidating the offices of Tax Collector and Tax Receiver in Haralson County, Georgia, 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 Senator Brock of the 37th District-
Senate Bill No. 61. A bill to be entitled an Act to amend an Act creating a Water and Light Commission for the City of Carrollton, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Senator Brock of the 37th District-
Senate Bill No. 62. A bill to be entitled an Act to amend the charter of the City of Carrollton, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, the nays 0. The bill having received the requisite constitutional majority was passed.
By Messrs. Hastings and Kendrick and Mrs. Mankin of Fulton-
House Bill No. 349. A bill to be entitled an Act to amend an Act creating a new charter for the City of Atlanta, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, the nays 0. The bill having received the requisite constitutional majority was passed.

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By unanimous consent, the following bills and resolutions of the Senate were read the first time and referred to the committees:
By Senator Millican of the 52nd District-
Senate Bill No. 43. A bill to be entitled an Act to amend the Code, with reference to jury commissioners, and the removal of same, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Senators Purdom of the 46th District and Lindsay of the 34th District-
Senate Bill No. 49. A bill to be entitled an Act to change the name of the Prison Commission of the State of Georgia to "The State Prison and Parole Commission," and for other purposes.
Referred to Committee on Penitentiary.
By Senator Millican of the 52nd District-
Senate Bill No. 53. A bill to be entitled an Act to amend Section 92-4910 of the 1933 Code of Georgia, to provide for weekly settlement by tax collectors, and for other purposes.
Referred to Committee on Ways and Means.
By Senator Millican of the 52nd District-
Senate Bill No. 68. A bill to be entitled an Act to amend the Act providing for pensions in counties having a population of 150,000, or more, and for other purposes.
Referred to Committee on Municipal Government.
By Senator Williams of the 5th District-
Senate Bill No. 70. A bill to be entitled an Act authorizing Highway Mileage from the City of Waycross to the City of Lakeland, and for other purposes.
Referred to Committee on Public Highways No.2.
By Senator Williams of the 5th District-
Senate Bill No. 72. A bill to be entitled an Act to amend the

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Constitution of Georgia, so as to authorize trustees of certain schools in Ware County to incur bonded indebtedness, and for other purposes.
Referred to Committee on Amendments to Constitution No.2.
By Senator Williams of the 5th District-
Senate Bill No. 75. A bill to be entitled an Act to amend the Constitution of Georgia, so as to authorize the Town of Willacoochee to incur a bonded indebtedness, and for other purposes.
Referred to Committee on Amendments to Constitution No. 2.
The following resolution of the House was read:
By Mr. Barrett of Richmond-
House Resolution No. 89.
A RESOLUTION
Whereas, It is a current rumor that the Adjutant General of Georgia, the Hon. John E. Stoddard (born in Pennsylvania, moved to Nebraska, and immigrated to Georgia) has used approximately $10,000.00 to renovate and repair a building at the Soldiers' Home to be occupied as headquarters for himself and the Assistant Adjutant General of the State of Georgia, and
Whereas, It is further rumored that approximately $5,000.00 of the above sum has been used to prepare an elaborate living quarters or apartments for the Hon. John E. Stoddard, and
Whereas, It is further rumored that marble baths have been installed for the use of the said Adjutant General and his staff. In making these improvements, it was necessary to remove ten of the Confederate Veterans to shed-room quarters, whereby the said ten Confederate Veterans have one bath. There is one Confederate Veteran who refused to move from the Quarters of the Adjutant General. This one Confederate Veteran doesn't have any bath at all, and
Whereas, It is further rumored that ancestors of the Hon. John E. Stoddard from the State of Pennsylvania fought against these same Confederate Veterans in the Battle of Atlanta, and

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Whereas, If this be true, it is an insult to the Confederate Veterans and the United Daughters of the Confederacy of the State of Georgia, and
Whereas, the Confederate Soldiers now living at the Soldiers' Home are constantly annoyed and their sleep interrupted by members of the Highway Patrol using photostatic machinery and other very modern office equipment all hours of the day and night, and
Whereas, It is further rumored that the living quarters of the Confederate Soldiers are dilapidated and not nearly so comfortable as those for which the Adjutant General has prepared for himself and the members of his staff, and
Whereas, It is further rumored that the elaborate apartments that the Adjutant General is preparing are just large enough for the Confederate Soldiers to live in in comfort and ease with gas heat and other luxuries, and
Whereas, if these persistent rumors be true, that the Adjutant
General of Georgia, the Han. John E. Stoddard, should be directed
to deliver said elaborate quarters to the Confederate Soldiers for them to occupy and that the United Daughters of the Confederacy should be requested to come out and supervise the removal of the veterans and that such furniture be purchased from the appropriation of the Military Department as will be necessary to furnish the apartments for the comfort and pleasure of these eleven heroes of the Grey for their declining years;
Therefore, be it resolved by the House of Representatives that the President of the United Daughters of the Confederacy be requested to appoint a committee of five of their own members to investigate these rumors and report their findings back to the House of Representatives.
Be it further resolved by the House of Representatives that the Clerk of the House be instructed to mail a copy of this resolution to the President of the United Daughters of the Confederacy of Georgia.
Mr. Houston of Worth moved to table the resolution.

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601

On the motion to table, the ayes were 75, the nays 42. The resolution was tabled. The following resolution of the House was read: By Mr. Barrett of RichmondHouse Resolution No. 90.

A RESOLUTION
Whereas, in the discussion concerning the tax on beer, the Speaker of the House, the Hon. Roy V. Harris, made the following statement on the floor of this House: "Every member who doesn't vote for this increased taxation should be tarred and feathered and run out of their respective communities," and
Whereas, the Speaker of the House, the Hon. Roy V. Harris, in discussing the Stabilization Bill, made the following remarks on the floor of this House: "Damn the County Commissioners, they all are in the machinery racket," and
Whereas, in further discussing the Stabilization Bill, the Speaker of the House, the Hon. Roy V. Harris, made the following statement: "The County Governments are the most inefficient and extravagantly run governments in the world. We should take the revenue away from them and make them economize," and
Whereas, the people of Georgia accept the remarks of the Speaker of the House to represent and reflect the sentiment of the members of this Honorable Body;
Therefore, be it resolved that the House of Representatives go on record as stating that the above remarks do not represent nor do not reflect the true sentiment of the members of this House.
Mr. Preston of Bulloch moved to table the resolution, and the motion prevailed.
Mr. Barrett ofRichmond arose to a question of personal privilege and addressed the House.
The following bill of the House was taken up for the purpose of considering the Senate amendments thereto:

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By Mr. Gross of Stephens-
House Bill No. 3. A bill tobe entitled an Act to amend the Code of Georgia of 1933, providing for annual fees of motor vehicles, and for other purposes.
The Senate amendments to House Bill No.3 are as follows:
Senator Millican of the 52nd District moves to amend Section 8a by adding at end of said section the following "provided he has complied with all the provisions of the Motor Vehicle laws of his home state, and produces a certificate from a county officer or a notary public under seal as to the fact that he is the producer of the product being transported."
Senator Pope of the 7th District moves to amend Section 10, line 2, by adding words "any of" before the word "the" and before the word "of."
Committee on Motor Vehicles moves to amend the Committee Amendment to House Bill No.3 by adding after the word "destroyed" in the 4th line of Paragraph 6 of said amendment the words "or retired."
Committee on Motor Vehicles moves to amend by adding to Section 8a the following: Fire trucks operated by municipal corporations or other political subdivisions shall also be exempt from the provisions of this Act.
The Committee on Motor Vehicles offered the following amendments to House Bill No.3:
To amend the caption by adding just before the words "and for other purposes" the following words, to-wit: "to authorize and provide for reciprocal agreements; to provide for the distribution of license tags for motor vehicles; to provide for the return of motor vehicles, trailers, and trucks for ad valorem taxation; to provide the method of assessment thereof; to provide safety features for certain trailers, trucks and motor vehicles;" By Committee on Motor Vehicles for House Bill No.3: Be the same amended by adding the following after Section 8a a new section to be known as Section 8b: "If the vehicle described herein is operated under the jurisdiction of the Georgia Public Service Commission as a carrier of passengers, the rate shall be one-

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603

third of the amount herein mentioned where the vehicle is operated over a route of fifty miles or less, and two-thirds of the amount herein mentioned where the vehicle is operated over a route of more than fifty miles and less than one hundred miles and the full rate shall be collected of the amount herein mentioned where the vehicle is operated over a route of more than one hundred miles in length."
Senator Lindsay of the 34th District moves to amend as follows House Bill No. 3 by adding "Section 8aa. It shall be lawful for the authority having jurisdiction over the collection and enforcement of this Act to make such reciprocal arrangements with other states as to vehicles duly licensed in other States, to enter and traverse the highways of this State on such reciprocal terms as may be extended to vehicles from the State of Georgia in such states." Further to amend the caption of said bill in accordance with above amendment.
Senator Thrasher of the 27th District moves to amend Section 3, Paragraph "C", by striking all of Paragraph after the words "Roads of this State."
Senator Patten of the 6th District moves to amend Committee Amendment No. 1 by adding the following: Machinery moved on such carry-all shall be used exclusively in the construction and for maintenance of public roads in the state or any subdivision thereof.
Senator Thrasher of the 27th District moves to amend Section 4, Paragraph 7 by adding after word" semi-trailers" in first line the words "and house trailers."
Committee Amendment to amend House Bill No.3 by adding a new subsection to Section 4 known as subsection 15a reading as follows: For each carry-all machinery mover used exclusively in the transporting of road machinery shall pay a flat license tag tax of $300.00.
Committee of the Senate on Motor Vehicles moves to amend House Bill No. 3 in the following respects:
(1) By striking the comma after the word "truck" and in front of the word "trailer" in the first line of the fifth paragraph of Section 4.

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(2) By adding at the end of the seventeenth paragraph of Section 4 the following:
"Provided that the provisions of this paragraph may be suspended by the Revenue Commission in their discretion for the year 1938."
(3) By striking the word" February" from the thirteenth line of Section 5 and inserting in lieu thereof the word" January."
(4) By striking from the fourth and fifth lines of Section 7 the words "on or before February first in each year thereafter" and inserting in lieu thereof the following:
"on or before February 1, 1938 and each year thereafter."
(5) By adding a Section to the bill to be known as Section 9A to read as follows:
"No 2-axle trailers of four wheels or more shall be operated upon the public highways of the state unless the same be equipped with efficient power, hydraulic or air brakes operated from the driver's seat of the tractor unit."
(6) By adding at the end of subparagraph nineteen the following:
"The annual licenses and tags issued for the operation of vehicles described in subsections 3 through 14 above, may with the approval of the Revenue Commission be transferrable from a destroyed motor vehicle, to another vehicle upon payment of a transfer fee of 50, and upon presentation of an appropriate application for transfer, to be approved by the Revenue Commission; provided, however, that if the substituted vehicle normally calls for a higher priced tag than the vehicle displaced a proportionate additional fee shall be paid for the remainder of the taxable year."
(7) The State Revenue Commission may provide for the local distribution of motor vehicle license tags in such counties as, in their discretion, may be practicable, and under such rules and regulations as said commission may prescribe.
(8) The State Revenue Commission shall on or before the first day of March, 1938 and on or before the first day of March of

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605

each year thereafter furnish to the tax receiver or tax commissioner of each county a description of all automobiles, busses, trucks, tractors and trailers licensed by said Commission and the name of the respective owners thereof who reside in such county and it shall be the duty of the tax receiver or tax commissioner to immediately enter on the tax digest of such county the return of said property for taxation at the valuation prescribed by the last edition of the Automobile Blue Book where there has been no return of said property for such year in which said license is purchased; provided that in any instance where such property has been returned by the owner for taxation, the valuation thereof shall be determined as now provided by law.
(9) By adding a new Section to be numbered Section llA as follows:
"This Act shall become effective on the first day of January, 1938."
(10) The committee further amends House Bill No. 3 by amending the caption as follows:
By adding after words" to repeal an Act" in line twenty-three of the caption the following words" approved March 30, 1937," and by adding at the end of the caption and before the words "and for other purposes" the following: "To provide for local distribution of license tags for motor vehicles in certain counties of the state and to provide for the return of motor vehicles for ad valorem taxes and method of assessment therefor, and to provide for brakes on certain trailers."
Mr. Gross of Stephens moved that the House disagree to Senate Amendment No. 1 to House Bill No. 3.
Mr. Watkins of Butts moved that the House agree to Senate Amendment No. 1.
On the motion to agree, the ayes were 13, the nays 107.
Senate Amendment No. 1 was disagreed to.
Mr. McNall of Chatham moved that the House disagree to all the Senate amendments to House Bill No.3, and the motion was lost.

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Mr. Culpepper of Fayette moved that the House disagree to Senate Amendment No.2.
On the motion, Mr. Culpepper of Fayette moved the previous question, the call was sustained, and the main question was ordered.
Mr. Jones of Elbert moved that the House agree to the Senate Amendment No. 2.
On the motion, the ayes were 40, the nays 67.
The amendment was disagreed to.
Mr. Booth of Barrow moved that the House disagree to all Senate amendments to House Bill No.3.
On the motion, the ayes were 61, the nays 51.
The Senate amendments to House Bill No.3 were disagreed to.
Mr. Brewton of Evans moved that the House reconsider its action in disagreeing to the Senate amendments, and the motion was lost.
The following bills of the House were taken up for the purpose of considering the Senate amendments thereto:
By Mr. DeFoor of Mcintosh-
House Bill No. 61. A bill to be entitled an Act to amend the Code of Georgia of 1933, relating to marsh hens, and for other purposes.
The following Senate amendment to House Bill No. 61 was read:
Committee amends House Bill No. 61 by adding after the figures "5768" in the 6th line of the caption and in the next to last line of Section 1 after the figures "5768" the following: "or having a population of over 10,000 inhabitants."
On the question of agreeing to the Senate amendment, the ayes were 99, the nays 9.
The Senate amendment having failed to receive the requisite majority was disagreed to.

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607

Mr. DeFoor of Mcintosh moved that the House reconsider its action in failing to agree to the Senate amendment, and the motion prevailed.
By unanimous consent, further consideration of the bill was postponed until Wednesday, December 22, 1937.
By Messrs. Gammage of Terrell, McCracken of Jefferson, Rawlins of Ben Hill, and Mrs. Coxon of Long-
House Bill No. 82. A bill to be entitled an Act to provide for the creation of a Stabilization Fund, and for other purposes.
The following Senate substitute and amendment to House Bill No. 82 was read:
By the Senate:
By Committee on State of Republic.
Committee Substitute for House Bill No. 82.
To be entitled an Act to provide for the creation of a stabilization fund; to provide that ten percent of all sums paid in the State Treasury under existing or future laws, commencing with funds paid beginning January 1, 1938, shall be placed in such stabilization fund; to provide that any excess of any allocated fund for any year over and above the approved budget requirements for said year for which such fund was allocated shall be paid into said stabilization fund; to provide that said stabilization fund shall be used by the Governor to pay any appropriation made by law where said stabilization fund may be needed for such purposes; to provide that nothing in this Act shall in any manner, change or effect the distribution of the one cent of the Motor Fuel Tax to the counties, nor the one cent Motor Fuel Tax to the school equalization fund; 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 in the Treasury of the State of Georgia a fund which shall be known as the "Stabilization Fund."

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The Treasurer of the State of Georgia shall set up in said fund ten percent (10%) of the collections from all sources whatsoever of any funds now or hereafter collected or received by the State of Georgia, or any agency thereof and paid into the State Treasury, commencing with ten percent of all funds collected or received beginning January 1, 1938.
The Treasury shall also set up in said fund any excess of any allocated fund set aside to any department, board, bureau or agency of the State of Georgia, in any year over and above the approved budget requirements for which such fund was allocated for said year commencing with January 1, 1938. The amounts required by this Act to be so set up in the State Treasury shall constitute the Stabilization Fund, and shall be disposed of in accordance with this Act and not otherwise.
Sec. 1-A. Provided, however, that nothing in this Act shall in any manner, change or effect the distribution of the .01 (one cent) of the Motor Fuel Tax to the counties, nor of the .01 (one cent) Motor Fuel Tax to the school equalization fund, nor shall these funds be tithed. It being the intention of this legislative body to especially exempt said funds and the distribution of said funds from the "Stabilization Fund."
Sec. 2. The Governor of this State shall be authorized to use the said Stabilization Fund, or any part thereof, for the purpose of paying any appropriation or appropriations made by the General Assembly of Georgia where funds are not otherwise available to pay in full such appropriation or appropriations, whether such appropriation or appropriations are required by law to be paid from the State Treasury with allocated funds, or otherwise. In the use of the Stabilization Fund for the purposes named in this Act, the Governor shall not be required to prorate the said fund among unpaid appropriations, but he shall be authorized to use the same for such unpaid appropriations as he may determine, provided that no part of such fund shall be used except to pay any unpaid appropriation made by law. Said Stabilization Fund derived from allocated funds in any year remaining after carrying out the purposes provided in this Act shall be returned to the allocated funds from which derived, and the return to such allocated funds which have contributed to create the Stabilization

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Fund herein named shall be in the proportion which said allocated funds have contributed to the creation of the Stabilization Fund provided herein. Provided, that any part of said Stabilization Fund derived from sources other than allocated funds remaining on hand at the end of any year shall revert to the General Treasury. January 1st each year shall be considered the distribution date of said fund remaining on hand.
Sec. 3. Be it further enacted that in the administration of this Act nothing shall be done which will imperil the receipt and use of Federal Highway Funds.
Sec. 4. Be it further enacted that this Act shall become effective January 1, 1938.
Sec. 5. All laws and parts of laws in conflict herewith be and the same are hereby repealed.
Sec. 6. If any provisions of this Act, or the application thereof to any funds of a State Agency, is held invalid, the remainder of the Act, and the application of each provision to funds of other State Agencies shall not be effected thereby.
The Senate moves to amend the Committee Substitute for House Bill No. 82 by adding a new Section to be known as Section 7, as follows:
Sec. 7. "This Act and all provisions hereof, and all rights granted hereunder shall expire on January 1st, 1940."
Mr. Sutton of Wilkes moved that the House agree to the Senate substitute and amendment to House Bill No. 82.
The Senate amendment to the Senate substitute to House Bill No. 82 was adopted.
On the adoption of the Senate substitute, as amended, to House Bill No. 82, the ayes were 105, the nays 2.
The Senate substitute, as amended, to House Bill No. 3 was adopted.
By Messrs. Thomas of Chattooga and Sutton of Wilkes-
House Bill No. 59. A bill to be entitled an Act to amend an Act relating to cigars and cigarettes, and for other purposes.

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The following Senate amendments to House Bill No. 59 were read:
By the Senate:
(1) Committee on Finance amends House Bill No. 59 as follows: By striking from the caption thereof the following language;" to provide that the discount allowed on the purchase of stamps be, and the same is amended by striking certain provisions thereof."
Committee on Finance further amends House Bill No. 59 as follows: By striking therefrom Section 3(a) in its entirety.
(2) Senator Thrasher amends House Bill No. 59 Section "D", subsection "R", page 3, line 60 by striking the word "through" and inserting in lieu thereof the word" into."
Mr. Simmons of Decatur moved that the House agree to the Senate amendments.
On the motion, Mr. Grayson of Chatham moved the previous question, the call was sustained, and the main question was ordered.
Mr. Jones of Brantley moved that the House disagree to the Senate amendments.
On the question of agreeing to Senate Amendment No. 1, the ayes were 119, the nays 3.
Senate Amendment No. 1 was agreed to.
On the question of agreeing to Senate Amendment No. 2, the ayes were 121, the nays 4.
Senate Amendment No.2 was agreed to.
By unanimous consent, the following bill of the House was again taken up for the purpose of considering the Senate amendment thereto:
By Mr. DeFoor of Mcintosh-
House Bill No. 61. A bill to be entitled an Act to amend the Code of Georgia of 1933 in reference to marsh hens, and for other purposes.

TUESDAY, DECEMBER 21, 1937.

611

By unanimous consent, the following Senate amendment to House Bill No. 61 was disagreed to:
By the Senate:
Committee amends House Bill No. 61 by adding after the figures "5768" in the 6th line of the caption and in the next to last line of Section 1 after the figures "5768" the following "or having a population of over 10,000 inhabitants."
By Mr. Tapp of Gwinnett-
House Bill No. 205. A bill to be entitled an Act to create a new charter and municipal government for the City of Buford, and for other purposes.
The following Senate amendment to House Bill No. 205 was read:
By the Senate:
Senator Sammons of the 51st District moves to amend House Bill No. 205 and Section No. 142, thereof, as follows: By adding at the end of said section, and to be a part thereof, the following: "Be it further provided, that all the provisions of this Act, pertaining to the extension and boundaries of the corporate limits of the City of Buford, shall become effective immediately upon the passage of this bill, and its approval by the Governor" so that said Section No. 142, when so amended, shall read as follows:
Section 142. Be it further enacted by the authority aforesaid, that this charter shall become effective on the first Monday in January, 1939, except that the provision thereof as to registration, elections and certain matters and things therein, required to be done prior to that date, shall become effective at once; and it shall be the duty of the present city officials to put said provision into effect and provide for the election herein provided for during their term of office. The officers whose terms expire on the first Monday in January, 1939, shall account to and settle with the officers elected under this charter as their successors. Be it further provided, that all the provisions of this Act, pertaining to the extension and boundaries of the corporate limits of the City of Buford, shall become effective immediately upon the passage of this bill, and its approval by the Governor.

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On the question of agreeing to the Senate amendment, the ayes were 115, the nays 0.
The Senate amendment to House Bill No. 205 was agreed to.
The following bill of the Senate was taken up for the purpose of considering the Senate disagreement to the House amendment thereto:
By Senator Millican of the 52nd District-
Senate Bill No. 40. A bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, and for other purposes.
The House insisted on its amendment, and the Speaker appointed as a Committee of Conference, on the part of the House, the following memhers:
Mrs. Mankin of Fulton,
Messrs. Kendrick of Fulton, and
Hastings of Fulton.
Under the order of business established by the Committee on Rules, the following bills of the House were taken up for consideration and read the third time:
By Mr. Jones of Brantley-
Hause Bill No. 228. A bill to be entitled an Act to change from the fee to the salary system in certain counties in Georgia, the Clerk of the Superior Court, the Sheriff, and the Ordinary, 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 103, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Dampier and Larsen of Laurens-
House Bill No. 291. A bill to be entitled an Act to amend an Act which provides for the appointment of special criminal bailiffs in counties of a certain population, and for other purposes.

TUESDAY, DECEMBER 21, 1937.

613

The following amendments to House Bill No. 291 were read and adopted:
Messrs. Dampier and Larsen of Laurens move to amend House Bill No. 291.
(1) By striking the words and figures in the caption of said bill "32,650 and not more than 32,680," in the seventh and eighth line of said caption and inserting in lieu thereof the words and figures "32,685 and not more than 32,700." So that said caption when amended shall read as follows: "An Act to amend an Act approved March 28, 1935, said Act to be amended, being itself an amendment to Section 808 of the Penal Code of Georgia of 1910, which provides for the appointment of special criminal bailiffs in counties having a population of 35,000 or more, by providing that such appointment shall be made in counties having a population of not less than 32,685 and not more than 32,700, according to the United States census of 1930, and any future census of the United States, and to provide for the appointment of one or more bailiffs in such counties, and to fix the compensation of special bailiffs of the solicitors general and the solicitors of the city court of such counties, and to prescribe their duties, and for other purposes."
{2) By striking from Section 1, of said bill the words and figures "32,650 nor more than 32,680" in the eighth line of said Section 1, and inserting in lieu thereof the following: "32,685 nor more than 32,700."
(3) By striking the words from Section 3, of said Act in the second and third line thereof "To assess and approve bonds in criminal cases" so that said Section 3, when amended, shall read as follows: "That it shall be the duties of such special criminal bailiffs to prepare all criminal business pending in the courts for which they were appointed, respectively, by arresting defendants, summoning witnesses, serving attachments on witnesses, and performing such other duties in connection with the criminal business of the courts in which they are serving as may be directed by the presiding Judge and Solicitor General of said Court."
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.

614

JouRNAL OF THE HousE,

On the passage of the bill, as amended, the ayes were 114, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
By Messrs. Cogdell of Glynn and Hodges of Liberty-
House Bill No. 305. A bill to be entitled an Act granting to the Commissioners of Roads and Revenues of Chatham, Bryan, Liberty, Mcintosh, and Camden Counties, authority to regulate and enforce zoning ordinances, in certain instances, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Gross of Stephens, Hamby of Rabun, and Jackson of Habersham-
House Bill No. 314. A bill to be entitled an Act to amend an Act relating to fishing in certain counties, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Sams, Candler, and Turner of DeKalb-
House Bill No. 71. A bill to be entitled an Act to amend an Act so as to increase the mileage of the State Aid System of Roads, 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, the nays 0.

TUESDAY, DECEMBER 21, 1937.

615

The bill having received the requisite constitutional majority was passed.
By Mr. Holt of Appling-
House Bill No. 80. A bill to be entitled an Act to amend an Act so as to increase the mileage of the State Aid System of Roads, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, the nays 1.
The bill having received the requisite constitutional majority was passed.
By Messrs. Clark of Catoosa and Mavity of Walker-
House Bill No. 88. A bill to be entitled an Act to amend an Act so as to increase the mileage of the State Aid System of Roads, 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 103, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Booth of Barrow-
House Bill No. 92. A bill to be entitled an Act to amend an Act so as to increase the mileage of the State Aid System of Roads, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Booth of Barrow-
House Bill No. 93. A bill to be entitled an Act to amend an

616

JouRNAL OF THE HousE,

Act so as to increase the mileage of the State Aid System of Roads, 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, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Lewallen of Banks-
House Bill No. 94. A bill to be entitled an Act to amend an Act so as to increase the mileage of the State Aid System of Roads, 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, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Grayson, McNall, and Cohen of Chatham-
House Bill No. 186. A bill to be entitled an Act to amend an Act so as to increase the mileage of the State Aid System of Roads, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 114, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Corbett of Atkinson-
House Bill No. 95. A bill to be entitled an Act to amend an Act so as to increase the mileage of the State Aid System of Roads, and for other purposes.
The following amendment to House Bill No. 95 was read and adopted:

TuESDAY, DEcEMBER 21, 1937.

617

Messrs. Parker and Barlow of Colquitt move to amend House Bill No. 95 by adding thereto a new section to read as follows: "Section 4. (a) There is also added to said Neill-Traylor map a road in Colquitt County, Georgia, beginning at the eastern city limits of the City of Moultrie, at the eastern end of First Ave., S. E. in said city, and running thence easterly to the Okapilco Creek; thence east and southeasterly, along the right of way already conveyed by deeds recorded in Colquitt County, to the Moultrie-Quitman Highway, said road being about 1~ or 2 miles long."
(b) Said road shall be subject to all the terms and conditions of this Act, as to its being an absolutely permissive addition to said Highway System, at the discretion of the Highway Department of Georgia. Caption amended 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 106, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
By Mr. Pirkle of Forsyth-
House Bill No. 96. A bill to be entitled an Act to amend an Act so as to increase the mileage of the State Aid System of Roads, and for other purposes.
The following amendment to House Bill No. 96 was read and adopted:
Mr. Pirkle of Forsyth moves to amend House Bill No. 96 of Section 1 by omitting the words "by the way of Keith's Bridge."
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 103, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.

618

JouRNAL oF THE HousE,

By Messrs. Corbett of Atkinson, Houze of Lowndes, Miller of Lanier, Coleman of Lowndes, Herrin of Echols, Swindle of Berrien, Musgrove of Clinch, and Vickery of Charlton-
House Bill No. 109. A bill to be entitled an Act to amend an Act so as to increase the mileage of the State Aid System of Roads, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Adams of Franklin-
House Bill No. 110. A bill to be entitled an Act to amend an Act so as to increase the mileage of the State Aid System of Roads, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, the nays 0.
The bill having received the requisite constitutional majority was passed.
The following report of the Committee of Conference on House Bill No. 64 was submitted and read:
Mr. Speaker:
Your Committee on Conference appointed from the House and Senate on House Bill No. 64 respectfully recommends that the House recede from its position on disagreeing to the Senate amendments to House Bill No. 64, and further recommends that the House and Senate agree to amendment by the Conference Committee of the House and of the Senate on said House Bill, said amendment being as follows:
"First. By inserting in the caption thereof, and immediately preceding the words 'and for other purposes' which last occur in such caption, the following words and punctuation, to-wit:

TuESDAY, DECEMBER 21, 1937.

619

'to make the mayor eligible to succeed himself for 1110re than one successive term;'.
"Second. By inserting in House Bill No. 64, and between Section 2 and Section 3 thereof, a new section, numbered Section 2-A, as follows:
" 'Section 2-A. Subsection (1) of Section 4 of said Act approved August 18, 1919 (being 'An Act to create a new charter for the City of Sylvester,' etc.) is hereby amended as follows: by striking therefrom the semicolon which stands between the word 'qualified' and the word 'the,' and by inserting a period in lieu of such stricken semicolon; and (b) by striking from such subsection '(1)' the following words, to-wit: 'the mayors hereafter elected shall be eligible to succeed themselves for only one successive term.' "
Respectfully submitted,
HouSTON of Worth,
PERRY of Worth, and
GRAYSON of Chatham.
On the part of the House.
HoRNE of the lOth District,
PoPE of the 7th District, and
McKENZIE of the 48th District. On the part of the Senate.
On the adoption of the report, the ayes were 113, the nays 1.
The report of the Committee of Conference was adopted.
Under the order of business established by the Committee on Rules, the following bills and resolutions of the House and Senate were taken up for consideration and read the third time:
By Mr. Barnard of TownsHouse Bill No. 115. A bill to be entitled an Act to amend an
Act so as to increase the mileage of the State Aid System of Roads, and for other purposes.

620

JOURNAL oF THE HousE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Newton ofToombs-
House Bill No. 163. A bill to be entitled an Act to amend an Act so as to increase the mileage of the State Aid System of Roads, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Jones of Brantley-
Hause Bill No. 130. A bill to be entitled an Act to amend an Act so as to increase the mileage of the State Aid System of Roads, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 117, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Thomas of Chattooga and Mavity and Sartain of Walker-
House Bill No. 134. A bill to be entitled an Act to amend an Act so as to increase the mileage of the State Aid System of Roads, 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, the nays 0.

TuESDAY, DEcEMBER 21, 1937.

621

The bill having received the requisite constitutional majority was passed.
By Mr. Daves of Dooly-
House Bill No. 318. A bill to be entitled an Act to amend an Act so as to increase the mileage of the State Aid System of Roads, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Hastings and Kendrick and Mrs. Mankin of Fulton, and Mr. Sanders of Coweta-
House Bill No. 177. A bill to be entitled an Act to close up a certain road, known as the old Newnan-Atlanta road, 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 103, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Welsch of Cobb, Ellington of Gilmer, and many others-
House Bill No. 154. A bill to be entitled an Act to amend an Act so as to increase the mileage of the State Aid System of Roads, and for other purposes.
By unanimous consent, the bill was tabled.
By Senators Fowler of the 29th District and Hampton of the 41st District-
Senate Bill No. 25. A bill to be entitled an Act to amend an Act so as to increase the mileage of the State Aid System of Roads, and for other purposes.

622

JouRNAL OF THE HousE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, the nays 1.
The bill having received the requisite constitutional majority was passed.
By Messrs. Williams of Bacon and Oden of Pierce-
House Bill No. 261. A bill to be entitled an Act to amend an Act so as to increase the mileage of the State Aid System of Roads, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Reid of Wilcox-
House Bill No. 158. A bill to be entitled an Act to amend an Act so as to increase the mileage of the State Aid System of Roads, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Croker of Paulding, Welsch of Cobb, and Moore of Haralson-
House Bill No. 165. A bill to be entitled an Act to amend an Act so as to increase the mileage of the State Aid System of Roads, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 113, the nays 1.

TuESDAY, DECEMBER 21, 1937.

623

The hill having received the requisite constitutional majority was passed.
By Mr. DeFoor of Mcintosh-
House Bill No. 171. A hill to he entitled an Act to amend an Act so as to increase the mileage of the State Aid System of Roads, and for other purposes.
The report of the committee, which was favorable to the passage of the hill, was agreed to.
On the passage of the hill, the ayes were 110, the nays 0.
The hill having received the requisite constitutional majority was passed.
By Messrs. Musgrove of Clinch and Herrin of EcholsHause Bill No. 174. A hill to he entitled an Act to amend an
Act so as to increase the mileage of the State Aid System of Roads, and for other purposes.
The report of the committee, which was favorable to the passage of the hill, was agreed to.
On the passage of the hill, the ayes were ~ 13, the nays 0.
The hill having received the requisite constitutional majority was passed.
The following hill of the House was taken up for the purpose of considering the Senate amendment thereto:
By Mr. Whaley of TelfairHause Bill No. 259. A hill to he entitled an Act to abolish the
offices of Tax Receiver and Tax Collector of Telfair County, and for other purposes.
The following Senate amendment to House Bill No. 259 was read:
By the Senate:
Senate Committee amends House Bill No. 259 by adding to the caption thereof the language "To provide a referendum" and by adding to said bill a new section to read as follows: "The

624

JouRNAL oF THE HousE,

Ordinary of Telfair County shall call a special election within thirty days after the approval of this Act, at which said special election the qualified voters of Telfair County shall vote for the approval or disapproval of this Act. There shall be printed on the ballots 'For Tax Commissioner' and 'Against Tax Commissioner.' If a majority of those voting in said election vote 'For Tax Commissioner' this Act shall become effective. Should a majority of those voting in said election vote 'Against Tax Commissioner' then this Act shall have no force or effect. The Ordinary of Telfair County shall consolidate the vote and announce the results, which shall determine the effectiveness of this Act.'' The ordinary of said county shall advertise in the newspapers published in said county notice at least once for two weeks of the time of holding said election, which election except as herein provided shall be held under the law governing the election of other county officers. The expenses of calling and holding said election shall be paid for by the said County of Telfair on warrant issued for such purpose by the Commissioner of Roads and Revenues. Provided further, should said election for any reason fail to be held within said time then it shall be the duty of the ordinary of said county to order such to be thereafter held on at least two. weeks advertisement in such newspapers of the time of holding same.
The following House amendment to the Senate amendment to House Bill No. 259 was read and adopted:
Mr. Whaley of Telfair moves to amend the Senate amendment to House Bill No. 259 as follows:
1. By adding to the caption of the bill the language: "To provide for the payment of certain fees, commissions and compensations to the incumbent tax collector and tax receiver of Telfair County:"
2. By adding at the end of Section 3 in said bill the following amendment: "Provided, however, that all fees, commissions, and other compensations which are due or which may become due to the present tax receiver and tax collector of Telfair County at any time prior to the passage of this Act by virtue of delinquent taxes, delinquent tax collection, fi. fa. issuance, or other provision of law shall be collected by the tax commissioner

TuESDAY, DECEMBER 21, 1937.

625

and paid over to the present tax collector or tax receiver entitled to the said commissions, fees, or other compensation, in the same manner and as though the present tax collector and tax receiver of Telfair County had been succeeded by another tax collector and tax receiver."
The Senate amendment to House Bill No. 259, as amended by the House, was agr~ed to by unanimous consent.
Under the order of business established by the Committee on Rules, the following bill of the House was taken up for consideration and read the third time:
By Messrs. Hampton of Fannin, Ellington of Gilmer, and McCravey of Union-
House Bill No. 182. A bill to be entitled an Act to amend an Act so as to increase the mileage of the State Aid System of Roads, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, the nays 0.
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 receded from its position to the Senate amendment to the following bill of the House:
By Mr. DeFoor of Mcintosh-
House Bill No. 61. A bill to amend Section 45-308 of the Code of 1933, relating to marsh hens, and for other purposes.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:
Mr. Speaker:
The Senate insists upon its amendments to the following bill of the House:

626

JouRNAL OF THE HousE,

By Mr. Gross of Stephens-
House Bill No. 3. A hill to he entitled an Act to amend Section 68-211 of the Code of 1933, providing for annual fees on motor vehicles, etc., and for other purposes.
And requests the appointment of a Committee of Conference to confer with a like committee of the Senate.
The President has named as the Committee on the part of the Senate, Senators Pope of the 7th District, Sutton of the 47th District, and Millican of the 52nd District.
The following hill of the House was taken up for the purpose of appointing a Committee of Conference on the part of the House:
By Mr. Gross of Stephens-
House Bill No. 3. A hill to he entitled an Act to amend the Code of Georgia of 1933, providing for annual fees on motor vehicles, and for other purposes.
The Speaker appointed as a Committee of Conference, on the part of the House, to confer with a like committee on the part of the Senate, the following members:
Messrs. Gross of Stephens,
Swindle of Berrien, and
Mavity of Walker.
Under the order of business established by the Committee on Rules, the following hills of the House were taken up for consideration and read the third time:
By Messrs. Hart and Sanders of Coweta-
House Bill No. 184. A hill to he entitled an Act to amend an Act so as to add certain mileage to the System of State Aid Roads, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the hill, the ayes were 104, the nays 0.

TuESDAY, DECEMBER 21, 1937.

627

The bill having received the requisite constitutional majority was passed.
By Messrs. Sanders and Hart of Coweta-
House Bill No. 185. A bill to be entitled an Act to amend an Act so as to increase the mileage of the State Aid System of Roads, 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, the nays 2.
The bill having received the requisite constitutional majority was passed.
By Messrs. Candler, Sams, and Turner of DeKalb-
House Bill No. 199. A bill to be entitled an Act to amend an Act so as to increase the mileage of the State Aid System of Roads, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 113, the nays 2.
The bill having received the requisite constitutional majority was passed.
By Mr. Bridges of Early-
House Bill No. 213. A bill to be entitled an Act to amend an Act so as to increase the mileage of the State Aid System of Roads, 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, the nays 0.
The bill having received the requisite constitutional majority was passed.
Mr. Watkins of Butts moved that the House do now adjourn and the motion was lost.

628

JouRNAL oF THE HousE,

Mr. Sutton of Wilkes moved that the House take a recess until 2:00 o'clock P. M., this afternoon, and the motion prevailed.
2:00 o'cLocK P. M.
The Speaker called the House to order.
The following resolution of the House was read and adopted:
By Messrs. Hastings and Kendrick and Mrs. Mankin of Fulton-
House Resolution No. 92.
A RESOLUTION
Whereas, Hon. D. F. McClatchey in his lifetime served as Reading Clerk of the House of Representatives from 1898 to 1915 and as Secretary of the State Senate from 1915 through 1930, during which period of time he rendered outstanding service to the State of Georgia; and,
Whereas, Hon. D. F. McClatchey during his lifetime was very much interested in humanitarian work for the people and in accenting and inspiring those traditions of human interest helpful to our people and, in so doing, each Christmas displayed on the grounds of his home an elaborate, illuminated Christmas scene, picturizing the annual visit of Saint Nicholas to the homes of our people; and,
Whereas, the family and friends of Hon. D. F. McClatchey have this year, through the cooperation of Governor E. D. Rivers, placed upon the Executive Mansion grounds a similar illuminated Christmas Santa Claus display as a memorial to Hon. D. F. McClatchey, which display cheers the hearts of thousands of children and grownups who nightly make a pilgrimage to the Mansion grounds to enjoy it; and,
Whereas, the continuation of such display at Christmas time each year will be both a fitting tribute to the memory of Hon. D. F. McClatchey and a scene of inspirational beauty on the Executive Mansion grounds for the pleasure and inspiration of our people; now,
Therefore, be it resolued by the House of Representatives of the State of Georgia, the State Senate concurring, that:

TuESDAY, DECEMBER 21, 1937.

629

(1) We commend the family and friends of the Hon. D. F. McClatchey and Governor E. D. Rivers for their thoughtfulness and cooperation in the memorial now displayed at the Executive Mansion; and,
(2) We urge a continuation of such cooperation by our present and future Governors with the family and friends of Hon. D. F. McClatchey each Christmas hereafter for the purposes stated in this resolution.
Under the order of business established by the Committee on Rules, the following bills and resolutions of the House and Senate were taken up for consideration and read the third time:
By Senators Forrester of the 44th District, Johnson of the 42nd District, and Spivey of the 16th District-
Senate Bill No. 20. A bill to be entitled an Act to amend an Act so as to increase the mileage of the State Aid System of Roads, 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 103, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Ferguson of Sumter-
House Bill No. 214. A bill to be entitled an Act to amend an Act so as to increase the mileage of the State Aid System of Roads, 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 103, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Kendrick and Hastings and Mrs. Mankin of Fulton-
House Bill No. 224. A bill to be entitled an Act to amend an Act so as to increase the mileage of the State Aid System of Roads, and for other purposes.

630

JouRNAL oF THE HousE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. McCracken of JeffersonHouse Bill No. 238. A bill to be entitled an Act to amend an
Act so as to increase the mileage of the State Aid System of Roads, 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 103, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Adams of FranklinHouse Bill No. 241. A bill to be entitled an Act to amend an
Act so as to increase the mileage of the State Aid System of Roads, 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, the nays 1.
The bill having received the requisite constitutional majority was passed.
By Messrs. Harris and Lanier of RichmondHouse Bill No. 246. A bill to be entitled an Act to amend an
Act so as to increase the mileage of the State Aid System of Roads, 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 103, the nays 2. The bill having received the requisite constitutional majority was passed.

TuESDAY, DEcEMBER 21, 1937.

631

By Messrs. Allison and Tapp of Gwinnett, Kendrick and Hastings and Mrs. Mankin of Fulton, and Messrs. Sams, Candler, and Turner of DeKalb-
House Resolution No. 64-298b. A resolution to designate a certain road as "The Bona Allen Memorial Highway," and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 104, the nays 0.
The resolution having received the requisite constitutional majority was adopted.
By Messrs. Salter of Baker and Bridges of Early-
House Bill No. 258. A bill to be entitled an Act to amend an Act so as to add certain mileage to the System of State Aid Roads, 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, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Lewallen of Banks and Phillips and Palmour of Hall-
House Bill No. 263. A bill to be entitled an Act to amend an Act so as to increase the mileage of the State Aid System of Roads, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Allison and Tapp of GwinnettHouse Bill No. 279. A bill to be entitled an Act to amend an

632

JouRNAL OF THE HousE,

Act so as to increase the mileage of the State Aid System of Roads, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Jackson of HabershamHouse Bill No. 283. A bill to be entitled an Act to amend an
Act so as to increase the mileage of the State Aid System of Roads, 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. McCracken of JeffersonHouse Bill No. 292. A bill to be entitled an Act to amend an
Act so as to increase the mileage of the State Aid System of Roads, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 114, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Rowland of Johnson and Rountree of EmanuelHouse Bill No. 300. A bill to be entitled an Act to amend an
Act so as to increase the mileage of the State Aid System of Roads, 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, the nays 0.

TuESDAY, DECEMBER 21, 1937.

633

The bill having received the requisite constitutional majority was passed.
By Mr. Striplin of Heard-
House Bill No. 315. A bill to be entitled an Act to amend an Act so as to increase the mileage of the State Aid System of Roads, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Middleton of Dade-
House Bill No. 317. A bill to be entitled an Act to amend an Act so as to increase the mileage of the State Aid System of Roads, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 113, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Harris and Lanier of Richmond-
House Bill No. 319. A bill to be entitled an Act to amend an Act so as to increase the mileage of the State Aid System of Roads, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 113, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Adams of Franklin-
House Bill No. 327. A bill to be entitled an Act to amend an

634

JouRNAL OF THE HousE,

Act so as to increase the mileage of the State Aid System of Roads, 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, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Davis, Keel, and Lanham of Floyd-
House Bill No. 332. A bill to be entitled an Act to amend an Act so as to increase the mileage of the State Aid System of Roads, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 115, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Davis, Keel, and Lanham of Floyd and Jones of Bartow-
House Bill No. 333. A bill to be entitled an Act to amend an Act so as to increase the mileage of the State Aid System of Roads, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Davis, Keel, and Lanham of FloydHouse Bill No. 334. A bill to be entitled an Act to amend
an Act so as to increase the mileage of the State Aid System of Roads, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

TuESDAY, DECEMBER 21, 1937.

635

On the passage of the bill, the ayes were 106, the nays 1.
The bill having received the requisite constitutional majority was passed.
By Messrs. Davis, Keel, and Lanham of Floyd-
House Bill No. 335. A bill to be entitled an Act to amend an Act so as to increase the mileage of the State Aid System of Roads, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Kendrick and Hastings and Mrs. Mankin of Fulton-
House Bill No. 337. A bill to be entitled an Act to amend an Act so as to increase the mileage of the State Aid System of Roads, 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, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Newton of Toombs-
Hause Bill No. 162.
A BILL
To be entitled an Act to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize the City of Vidalia to incur a bonded indebtedness in addition to that heretofore authorized by the Constitution and laws of Georgia for the purpose of refunding and retiring its existing bonded indebtedness due and unpaid up to and including January 1, 1938; to provide that the funds raised from such additional bonded

636

JouRNAL OF THE HousE,

indebtedness shall be used exclusively for the retirement of said bonded indebtedness that is or may become due and unpaid as of January 1, 1938; to provide for the submission of the amendment for ratification by the people; and for other purposes.
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding at the end thereof a new paragraph in the following words, to-wit: "And except that the City of Vidalia may issue refunding serial bonds not in excess of the aggregate sum of forty thousand ($40,000.00) dollars, for the purpose of refunding and retiring any bonded indebtedness of said city outstanding, past due and unpaid up to and including January 1, 1938, and providing for the assessment and collection of an annual tax, sufficient in amount to pay the principal and interest of said bonds as they fall due, the proceeds of all such refunding bonds so issued by the City of Vidalia to be used exclusively for the purpose of paying and retiring said bonded indebtedness that is or may become due and unpaid as of January 1, 1938. Said refunding bonds shall be issued when authorized by a vote of the mayor and board of councilmen and shall be validated as provided by law."
Sec. 2. Be it further enacted by the authority aforesaid, that when said amendment shall be agreed to by two-thirds vote of the members of each House, with the "ayes" and "nays" thereon, and published in one or more newspapers in each Congressional District in this State for two months previous to the time for holding the next general election, at which proposed amendments to the Constitution of this State may be voted on, and shall at said general election be submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, "For ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the City of Vidalia to issue refunding bonds." And if a majority of the electors qualified to vote for members of the General Assembly, voting thereon,

TuESDAY, DECEMBER 21, 1937.

637

shall be consolidated as now required by law in election of members of the General Assembly, the said amendments shall become a part of Article 7, Section 7, Paragraph 1, of the Constitution of the State, and the Governor shall make a proclamation therefor, as provided by law.

Sec. 3. All laws and parts of laws in conflict herewith are hereby repealed.

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

On the passage of the bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Allison Almand Ansley Barlow Barnard Barrett Batchelor Beck Blease Bond Booth Brewton Bridges Brooks of .Jackson Brooks of Oglethorpe Brown of Greene Brown of Peach Campbell Candler Carmichael of Cobb Claxton Corbett Coxon Croker Daves Dean DeFoor Dollar Drake Drinkard

Dukes Dunn Edwards Ellington Elliott Evans Ferguson Field Fitts Flanders Fowler Freeman Gammage Gavin Goff Grayson Grubbs Guyton Hampton Harden Harrell of Irwin Harris Harrison Hart Harvey Hastings Hayes Herndon Herrin Hill of Clarke Hill of Screven

Hogg Hollis Holt Horne Houston Houze .Jackson .Johnson .Tones of Bartow .Tones of Brantley .Tones of Elbert .Tones of .Jenkins Kendrick Kirbo Lanham Lanier Larsen Leonard Lewallen Lewis Mankin Manry McCracken McCravey McGehee McGraw McNall Milam Miller Moore of Baldwin Moore of Haralson

638

JoURNAL OF THE HousE,

Moore of Lumpkin Morris Mundy Musgrove Newby Newton Palmour Parker Perry
Peters Phillips Pilcher Pirkle Pound Preston of Walton Ragan
Rawlins Reid of Carroll

Rountree Rowland Sabados Salter Sams Sapp Scruggs Simmons Smith of Dodge Smith of Muscogee Striplin Sutton Tapp
Tate Taunton Todd Thomas Trapnell

Trippe
Turner VickerY Wall Walton Warnock Watkins Weaver Welsch Whaley Whipple
Whitaker Williams of Bacon Williams of Jones Wilson Yeomans Zellner

Those not voting were Messrs.:

Bargeron

Durden

Bennett

Ennis

Bradley

ErWin

Carmichael of Randolph Etheridge

Chappell

Gary

Clark

Gross

Clary

Groover

Clements

Hamby

Cochran

Hand

Cogdell

Harrell of Brooks

Cohen

Hendrix

Coleman

Hodges

Culpepper of Fayette Joel

Culpepper of Mitchell Jones of Dodge

Dampier

Keel

Daughtry

Key

Davis

Marshall

Deal

Martin

Douglass

Mavity

Dugas

Middleton

Moore of Taliaferro Morgan Moss Oden Patten Peebles Preston of Bulloch Rees Reid of Wilcox Sanders Sartain Saunders Smith of Henry Spence Swindle Wages Ware Warnell Mr. Speaker

By unanimous consent, the verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 146, the nays 0.

The bill having received the requisite two-thirds constitutional majority was passed.

TuESDAY, DEcEMBER 21, 1937.

639

By Messrs. Freeman and Weaver of BibbHouse Bill No. 148.

A BILL
To be entitled an Act to propose to the qualified voters of Georgia, amendments to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize the City of Macon to make temporary loans, to limit the aggregate amount of said loans outstanding at any one time, and to provide that said loans must be paid out of revenues received by the City of Macon in the year in which said loans are made; to authorize the City of Macon to issue notes or debt certificates for the retirement and payment of the deficit and current indebtedness of the City of Macon and to provide the terms of their issue; to provide for the submission of the amendments for ratification by the people; and for other purposes.
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding at the end thereof new paragraphs in the following words, to-wit:
"And except that the City of Macon, in addition to the debts hereinbefore allowed, may make temporary loans between January 1, and December 31 of each year, to be paid out of the revenues received by the City in that year; said loans to be evidenced by promissory notes signed by the Mayor and Treasurer of the City of Macon and previously authorized by resolution approved by a majority vote of the Mayor and Board of Aldermen of the City of Macon at regular meeting and entered on the minutes of the Council. The aggregate amount of said loans outstanding at any one time shall not exceed fifty (50) per cent. of the total gross receipts of the City of Macon from ad valorem taxes in the preceding year and no new loans shall be made in any year until all loans made in previous years have been paid in full, provided, the failure to pay said loans out of the revenues received by the

640

JouRNAL OF THE HousE,

City in the year the loan is made shall not affect the obligation of the City to pay the same.
"And except also that the City of Macon by a majority vote of the Mayor and Board of Aldermen of the City, may issue notes or debt certificates to be executed by the Mayor and Treasurer for the retirement and payment of the deficit and current indebtedness of the City of Macon as the same may be at the date of such issues, provided such issues be on or before January 1, 1939, and otherwise in an amount not exceeding the said deficit and current indebtedness outstanding on January 1, 1939. Such notes or debt certificates may be issued in such denomination, bearing such interest and falling due at such time as the Mayor and Board of Aldermen may fix and determine, but not to exceed five (5) years from the date of their issue."
Sec. 2. Be it further enacted by the authority aforesaid, that when said amendments shall be agreed to by two-thirds vote of the members of each House, with the "ayes" and" nays" thereon, and published in one or more newspapers in each congressional district in this State for two months previous to the time for holding the next general election, at which proposed amendments to the Constitution of this State may be voted on, the amendments shall at said general election, be submitted separately to the people for ratification.
All persons voting at said election in favor of adopting the said proposed amendment to the Constitution authorizing the City of Macon to make temporary loans shall have written or printed on their ballots the words" For ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the City of Macon to make temporary loans," and all persons opposed to the adoption of said amendment authorizing the City of Macon to make temporary loans shall have written or printed on their ballots the words" Against ratification of amendment of Article 7, Section 7, Paragraph 1 of the Constitution, authorizing the City of Macon to make temporary loans," and if a majority of electors qualified to vote for members of the General Assembly voting thereon, shall vote for ratification thereof, when the result shall be consolidated as now required by law in elections for members of the General Assembly, the said amend-

TUESDAY, DECEMBER 21, 1937.

641

ment shall become a part of Article 7, Section 7, Paragraph 1, of the Constitution of the State, and the Governor shall make a proclamation therefor as provided by law, and the City of Macon, without further legislation, authority or vote, than that provided herein shall be authorized to perform the act or acts embraced in such amendment.
All persons voting at said election in favor of adopting the said proposed amendment to the Constitution authorizing the City of Macon to retire current deficit shall have written or printed on their ballots the words" For ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the City of Macon to retire deficit and pay current indebtedness," and all persons opposed to the adoption of said amendment authorizing the City of Macon to retire current deficit shall have written or printed on their ballots the words, "Against ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the City of Macon to retire deficit and pay current indebtedness," and if a majority of electors qualified to vote for members of the General Assembly voting thereon, shall vote for ratification thereof, when the result shall be consolidated, as now required by law in elections for members of the General Assembly, the said amendment shall become a part of Article 7, Section 7, Paragraph 1, of the Constitution of the State, and the Governor shall make a proclamation therefor as provided by law, and the City of Macon, without further legislation, authority or vote, than that provided herein, shall be authorized to perform the act or acts embraced in such amendment.
Sec. 3. Be it further enacted by the authority aforesaid that all laws, or parts of laws, in conflict herewith shall be, and are, hereby repealed.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the roll call was ordered and the vote was as follows:

642

JouRNAL oF THE HousE,

Those voting in the affirmative were Messrs.:

Adams

Gavin

Allison

Goff

Almand

Grayson

Ansley

Grubbs

Bargeron

GUYton

Barlow

Hampton

Barnard

Hand

Barrett

Harden

Batchelor

Harrell of Irwin

Beck

Harris

Blease

Harrison

Bond

Hart

Booth

Harvey

Bridges

Hayes

Brooks of Jackson

Herndon

Brooks of Oglethorpe Herrin

Brown of Greene

Hill of Clarke

Brown of Peach

Hill of Screven

Campbell

Hollis

Candler

~ I Holt

1B Carmichael of Cobb

Horne

Clark

Houze

Claxton

Jackson

Corbett

Johnson

Coxon

Jones of Bartow

Croker

Jones of Brantley

Culpepper of Fayette Jones of Elbert

Daves

Jones of Jenkins

Dean

Key

DeFoor

Kirbo

Dollar

Lanham

Drake

Lanier

Drinkard

Leonard

Dukes

Lewallen

Dunn

Lewis

Edwards

Mankin

Ellington

Manry

Elliott

McCracken

Evans

McCravey

Ferguson

McGehee

Field

McGraw

Fitts

McNall

Flanders

Milam

Fowler

Miller

Freeman

Moore of Baldwin

Gammage

Moore of Haralson

Moore of Lumpkin Morris MundY Musgrove Newby Newton Oden Palmour Parker Perry Peters Phillips Pilcher Pirkle Pound Preston of Walton Ragan Rawlins Reid of Carroll Rountree Rowland Sabados Sams Sapp Scruggs Simmons Smith of Dodge Smith of Muscogee Striplin Sutton Tapp Tate Taunton Todd Thomas Trapnell Trippe Turner VickerY Wall Walton Warnock Watkins Weaver Welsch Whaley

TuESDAY, DECEMBER 21, 1937.

643

Whitaker Williams of Bacon

Williams of Jones Wilson

Those not voting were Messrs.:

Bennett

Etheridge

Bradley

Gary

Brewton

Gross

Carmichael of Randolph Groover

Chappell

Hamby

Clary

Harrell of Brooks

Clements

Hastings

Cochran

Hendrix

Cogdell

Hodges

Cohen

Hogg

Coleman

Houston

Culpepper of Mitchell Joel

Dampier

Jones of Dodge

DaughtrY

Keel

Davis

Kendrick

Deal

Larsen

Douglass

Marshall

Dugas

Martin

Durden

Mavity

Ennis

Middleton

Erwin

Yeomans Zellner
Moore of Taliaferro Morgan Moss Patten Peebles Preston of Bulloch Rees Reid of Wilcox Salter Sanders Sartain Saunders Smith of Hemy Spence Swindle Wages Ware Warnell Whipple Mr. Speaker

Bv unanimous consent, the verification of the roll call was disp~nsed with.
On the passage of the bill, the ayes were 144, the nays 0.

The bill having received the requisite two-thirds constitutional majority was passed.

The following bill of the House was taken up for the purpose of considering the Senate amendment thereto:

By Mr. Morris of Douglas-

House Bill No. 118. A bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Douglas County, and for other purposes.

The following Senate amendment to House Bill No. 118 was

read:

.

By the Senate:

644

JouRNAL OF THE HousE,

Committee Amendment to House Bill No. 118 moves to amend House Bill No. 118 by striking the last two lines of the second paragraph of the body of the bill, beginning with the words "expenses of the office" and ending with the words "and printing" and substituting therefor the following: "expenses of the office, except office equipment, stationery and printing; provided that all fees collected by the said tax commissioner shall be paid into the general treasury of the county."
The committee moves to further amend the said bill as follows:
By adding a new section to be numbered Section 2, to read as follows:
"Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith be, and the same are, hereby repealed."
On the question of agreeing to the Senate amendment to House Bill No. 118, the ayes were 105, the nays 0.
The Senate amendment was agreed to.
Under the order of business established by the Committee on Rules, the following bills and resolution of the House were taken up for consideration and read the third time:
By Messrs. Phillips and Palmour of Hall-
House Resolution No. 29-128b.
A RESOLUTION
To propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize the City of Gainesville to incur a bonded indebtedness in addition to that heretofore authorized by the Constitution and laws of Georgia for the purpose of refunding and retiring its existing bonded indebtedness due and unpaid up to and including January 1, 1940; to provide that the funds raised from such additional bonded indebtedness shall be used exclusive for the retirement of said bonded indebtedness that is or may become due and unpaid as of January 1, 1940; to provide for the submission of the amendment for ratification by the people; and for <;>ther purposes.

TUESDAY, DECEMBER 21, 1937.

645

Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding at the end thereof a new paragraph in the following words, to-wit:
"And except that the City of Gainesville may issue refunding serial bonds not in excess of the aggregate sum of one hundred thousand dollars ($100,000.00), for the purpose of refunding and retiring any bonded indebtedness of said city outstanding, past due and unpaid up to and including January 1, 1940, and providing for the assessment and collection of an annual tax, sufficient in amount to pay the principal and interest of said bonds as they fall due; the proceeds of all such refunding bonds so issued by the City of Gainesville to be used exclusively for the purpose of paying and retiring said bonded indebtedness that is or may become due and unpaid as of January 1, 1940. Said refunding bonds shall be issued when authorized by a vote of the Commissioners of Gainesville and shall be validated as provided by law."
Sec. 2. Be it further enacted by the authority aforesaid, that when said amendment shall be agreed to by two-thirds vote of the members of each House, with the "ayes" and "nays" thereon, and published in one or more newspapers in each Congressional District in this State for two months previous to the time for holding the next general election, at which proposed amendments to the Constitution of this State may be voted on, and shall at said general election be submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, "For ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the City of Gainesville to issue refunding bonds," and all persons opposed to the adopting of said amendment shall have written or printed on their ballots "Against ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the City of Gainesville to issue refunding bonds." And if a majority of the electors qualified to vote for members of the General Assembly, voting thereon,

646

JouRNAL oF THE HousE,

shall be consolidated as now required by law in election for members of the General Assembly, the said amendment shall become a part of Article 7, Paragraph 1, of the Constitution of the State, and the Governor shall make a proclamation therefor, as provided by law.
Sec. 3. All laws and parts of laws in conflict herewith are hereby repealed.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Allison Almand Ansley Bargeron Barlow Barnard Barrett Batchelor Beck Blease Bond Booth Bradley Bridges Brooks of Jackson Brooks of Oglethorpe Brown of Peach Campbell Candler Carmichael of Cobb Clark Claxton Corbett Coxon Croker Culpepper of Fayette Davis Deal Dean

DeFoor Drake Drinkard Dukes Dunn Edwards Ellington Elliott Evans Ferguson Field Fitts Flanders Fowler Freeman Gammage Gavin Grayson Grubbs GUYton Hampton Harden Harris Harrison Hart Harvey Hayes Herndon Herrin Hill of Clarke

Hill of Screven Hogg Hollis Holt Horne Houston Houze Jackson Johnson Jones of Bartow Jones of Brantley Jones of Elbert Jones of Jenkins Key Kirbo Lanham Lanier Leonard Lewallen Lewis Mankin Manry McCravey McGehee McGraw McNall Milam Moore of Baldwin Moore of Haralson Moore of Lumpkin

TuESDAY, DEcEMBER 21, 1937.

647

Morris Mundy Musgrove NewbY Newton Oden Palmour Parker Peru Peters Phillips Pilcher Pirkle Pound Preston of Walton Ragan

Reid of Carroll Rountree Rowland Sabados Salter Sapp Scruggs Simmons Smith of Dodge Smith of Muscogee Striplin Sutton Tapp Tate Todd Thomas

Trapnell Trippe Turner Wall Walton Warnock Watkins Weaver Welsch Whaley Whitaker Williams of Bacon Williams of Jones Wilson Yeomans Zellner

Those not voting were Messrs.:

Bennett

Goff

Brewton

Gross

Brown of Greene

Groover

Carmichael of Randolph Hamby

Chappell

Hand

Clary

Harrell of Brooks

Clements

Harrell of Irwin

Cochran

Hastings

Cogdell

Hendrix

Cohen

Hodges

Coleman

Joel

Culpepper of Mitchell Jones of Dodge

Dampier

Keel

Daughtry

Kendrick

Daves

Larsen

Dollar

Marshall

Douglass

Martin

Dugas

Mavity

Durden

McCracken

Ennis

Middleton

Erwin

Miller

Etheridge

Moore of Taliaferro

Gary

Morgan Moss Patten Peebles Preston of Bulloch Rawlins Rees Reid of Wilcox Sams Sanders Sartain Saunders Smith of Henry Spence Swindle Taunton Vickery Wages Ware Warnell Whipple Mr. Speaker

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

On the adoption of the resolution, the ayes were 138, the nays 0.

648

JouRNAL OF THE HousE,

The resolution having received the requisite two-thirds constitutional majority was adopted.
By Mr. Patten of Cook-
House Bill No. 143.
An act to propose to the qualified voters of Georgia an Amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize the City of Adel to incur a bonded indebtedness in addition to that heretofore authorized by the Constitution and Laws of Georgia for the purpose of refunding and retiring its existing bonded indebtedness due and unpaid as of July 1, 1937, and which becomes due up to and including July 1, 1942; to provide that the funds raised from such additional bonded indebtedness shall be used exclusively for the retirement of said bonded indebtedness that is or may become due and unpaid as of July 1, 1942; to authorize the City of Adel to increase its bonded indebtedness, in addition to, and separate from the amount of debts heretofore allowed under said paragraph, under certain circumstances, for the purpose of extending, enlarging, repairing, constructing and maintaining the water works, sewerage and electric systems of the City of Adel; to provide for the submission of the amendment for ratification by the people; and for other purposes.
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, that Article 7, Section 7, Paragraph 1, of the Constitution of Georgia which has heretofore been amended shall be further amended by adding at the end thereof a new paragraph in the following words, to-wit:
"And except that the City of Adel may issue refunding serial bonds not in excess of the aggregate sum of Thirty-Nine Thousand ($39,000.00) Dollars, for the purpose of refunding and retiring its existing bonded indebtedness due and unpaid as of July 1, 1937 and which becomes due up to and including July 1, 1942, and providing for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said bonds as they fall due; the proceeds of all such refunded bonds so issued by the City of Adel to be used exclusively for the purpose of pay-

TUESDAY, DECEMBER 21, 1937.

649

ing and retiring said bonded indebtedness that is or may become due and unpaid as of July 1, 1942. Said refunding bonds shall be issued when authorized by a vote of the Mayor and City Council and shall be validated as provided by law; that the City of Adel from time to time as necessary for the purpose of extending, enlarging, repairing, constructing and/or maintaining (either, any or all of them) its waterworks system, sewerage system and electric light and power system, including pipe lines, reservoirs, pumping stations, sewerage line, sewerage disposal plant, electric line, machinery and machinery replacements, or anything else that may be necessary, convenient or proper for the extension, enlargement, repairment, construction, maintenance and/or operation of the waterworks, sewerage and electric light and power systems for the City ofAdel, may incur a bonded indebtedness, in addition to and separate from the amount of debts hereinbefore in this paragraph allowed to be incurred, to an amount in the aggregate not exceeding the sum of Twenty-Five Thousand ($25,000.00) Dollars, and such indebtedness not to be incurred except with the assent of two-thirds of the qualified voters of said City, voting at an election or elections to be held as may now or may hereafter be prescribed by law for the incurring of new debts by said City of Adel. Provided said two-thirds so voting shall be a majority of the registered voters."
Sec. 2. Be it further enacted by the authority aforesaid, that when said amendment shall be agreed to by two-thirds vote of the members of each House, with the "Ayes" and "Nays" thereon, and published in one or more newspapers in each Congressional District in this State for two months previous to the time for holding the next general election, at which proposed amendments to the Constitution of this State may be voted on, and shall at said general election be submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, "For ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the City of Adel to issue refunding bonds, to increase its bonded indebtedness for waterworks, sewerage and electric system," and all persons opposed to the adopting of said amendment shall have written or printed on

650

JouRNAL OF THE HousE,

their ballots the words "Against ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the City of Adel to issue refunding bonds, to increase its bonded indebtedness for waterworks, sewerage and electric systems." And if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall be consolidated as now required by law in election for members of the General Assembly, the said amendments shall become a part of Article 7, Section 7, Paragraph 1, of the Constitution of the State, and the Governor shall make a proclamation therefor, as provided by law.

Sec. 3. All laws and parts of laws in conflict herewith are hereby repealed.

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

On the passage of the bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Allison Almand Ansley Bargeron Barlow Barnard Barrett Batchelor Beck Bond Brewton Bridges Brooks of Jackson Brown of Greene Brown of Peach Campbell
Candler Carmichael of Cobb Clark Claxton Corbett Coxon

Croker Daves Deal Dean DeFoor Dollar Drake Drinkard Dukes Dunn Edwards Ellington Elliott Evans Ferguson Field Fitts Flanders Fowler Freeman Gammage Gavin Goff

Grayson Grubbs GuYton Hampton Harden Harrell of Irwin Harris Harrison
Hart
Harvey Hastings Hayes Herndon Herrin Hill of Clarke Hill of Screven Hogg Hollis Holt Home Houston Houze Jackson

TUESDAY, DECEMBER 21, 1937.

651

Johnson Jones of Bartow Jones of Brantley Jones of Elbert Jones of Jenkins Key
Kirbo Lanham Lanier Leonard Lewallen Mankin ManrY Marshall McCracken McOravey McGehee McGraw Milam Miller Moore of Baldwin Moore of Haralson Moore of Lumpkin Morris

Mundy Musgrove Newby Newton Oden Parker PerrY Peters Phillips Pilcher Pirkle Pound Preston of Walton Ragan Rawlins Rees Reid of Oarroll Rountree Rowland Sams Scruggs Simmons Smith of Dodge

Those not voting were Messrs.:

Bennett

Erwin

Blease

Etheridge

Booth

Gary

Bradley

Gross

Brooks of Oglethorpe Groover

Carmichael of Randolph Hamby

Chappell

Hand

Clary

Harrell of Brooks

Clements

Hendrix

Cochran

Hodges

Cogdell

Joel

Cohen

Jones of Dodge

Coleman

Keel

Culpepper of Fayette Kendrick

Culpepper of Mitchell Larsen

Dampier

Lewis

Daughtry

Martin

Davis

Mavity

Douglass

McNall

Dugas

Middleton

Durden

Moore of Taliaferro

Ennis

Morgan

Smith of Muscogee Striplin Sutton Tapp Tate Todd Thomas Trapnell Trippe Turner Wall Walton Warnock Watkins Weaver Welsch Whaley Whitaker Williams of Bacon Williams of Jones Wilson Yeomans Zellner
Moss Palmour Patten Peebles Preston of Bulloch Reid of Wilcox Sabados Salter Sanders Sapp Sartain Saunders Smith of HellU' Spence Swindle Taunton VickerY Wages Ware Warnell Whipple Mr. Speaker

652

JouRNAL oF THE HousE,

By unanimous consent, the verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 139, the nays 0.
The bill having received the requisite two-thirds constitutional majority was passed.
By Mr. Larsen of Laurens-
House Bill No. 183.
A BILL
To be entitled an Act to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize the City of Dublin to incur a bonded indebtedness in addition to that heretofore authorized by the Constitution and laws of Georgia for the purpose of refunding and retiring its existing bonded indebtedness due and unpaid up to and including June 15, 1941; to provide that the fund raised from such additional bonded indebtedness shall be used exclusive for the retirement of said bonded indebtedness that is or may become due and unpaid as of June 15, 1941; to provide for the submission of the amendment for ratification by the people; and for other purposes.
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding at the end thereof a new paragraph in the following words, to-wit:
"And except that the City of Dublin may issue refunding serial bonds not in excess of the aggregate sum of ($40,000.00) dollars, for the purpose of refunding and retiring any bonded indebtedness of said city outstanding, passed due and unpaid up to and including June 15, 1941, and providing for the assessment and collection of an annual tax, sufficient in amount to pay the principal and interest of said bonds as they fall due; the proceeds of all such refunding bonds so issued by the City of

TuESDAY, DECEMBER 21, 1937.

653

Dublin to be used exclusively for the purpose of paying and retiring said bonded indebtedness that is or may become due and unpaid as of June 15, 1941. Said refunding bonds shall be issued when authorized by a vote of the mayor and board of aldermen and shall be validated by law."
Sec. 2. Be it further enacted by the authority aforesaid, that when said amendment shall be agreed to by two-thirds vote of the members of each House, with the "ayes" and "nays" thereon, and published in one or more newspapers in each Congressional District in this State for two months previous to the time for holding the next general election, at which proposed amendments to the Constitution of this State may be voted on, and shall at said general election, be submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, "For ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the City of Dublin to issue refunding bonds," and all persons opposed to the adopting of said amendment shall have written or printed on their ballots the words "Against ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the City of Dublin to issue refunding bonds." And if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall be consolidated as now required by law in election for members of the General Assembly, the said amendment shall become a part of Article 7, Section 7, Paragraph 1, of the Constitution of the State, and the Governor shall make a proclamation therefor, as provided by law.
Sec. 3. All laws and parts of laws in conflict herewith are hereby repealed.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the roll call was ordered and the vote was as follows:

654

JouRNAL OF THE HousE,

Those voting in the affirmative were Messrs.:

Adams Allison Ansley Barlow Barnard Barrett Batchelor Beck Bond Booth Bradley Brewton Bridges Brooks of Jackson Brooks of Oglethorpe Brown of Greene Brown of Peach Carmichael of Cobb Clark Claxton Corbett Coxon Croker Daves Deal Dean DeFoor Drinkard Dugas Dukes Dunn Edwards Ellington Evans Field Fitts Flanders Fowler Gammage Gavin
Goff Grayson Gross Grubbs GuYton Hampton Hand

Harden Harrell of Irwin Harris Harrison Hart Harvey Hastings Hayes Herndon Herrin Hill of Screven Hogg Hollis Holt Home Houston Houze Jackson Johnson Jones of Bartow Jones of Brantley Jones of Elbert Kendrick Key Kirbo Lanham Lanier Larsen Leonard Lewallen Lewis Mankin Manry Marshall Mavity McCracken McCravey McGehee McGraw McNall Milam Miller Moore of Baldwin Moore of Haralson Moore of Lumpkin Morris Moss

Mundy Musgrove Newby Newton Parker Perry Peters Phillips Pilcher Pound Preston of Bulloch Preston of Walton Ragan Rawlins Reid of Carroll Rountree Rowland Sabados Salter Sams Sanders Sapp Scruggs Simmons Smith of Dodge Smith of Muscogee Sutton Tapp Tate Taunton Todd Trapnell Trippe Wall Walton Warnock Watkins Weaver Welsch Whaley
Whitaker Williams of Bacon Williams of Jones Wilson Yeomans Zellner

TUESDAY, DECEMBER 21, 1937.

655

Those not voting were Messrs.:

Almand

Durden

Bargeron

Elliott

Bennett

Ennis

Blease

Erwin

Campbell

Etheridge

Candler

Ferguson

Carmichael of Randolph Freeman

Chappell

Gary

Clary

Groover

Clements

Hamby

Cochran

Harrell of Brooks

Cogdell

Hendrix

Cohen

Hill of Clarke

Coleman

Hodges

Culpepper of Fayette Joel

Culpepper of Mitchell Jones of Dodge

Dampier

Jones of Jenkins

DaughtrY

Keel

Davis

Martin

Dollar

Middleton

Douglass

Moore of Taliaferro

Drake

Morgan

Oden Palmour Patten Peebles Pirkle Rees Reid of Wilcox Sartain Saunders Smith of Henry Spence Striplin Swindle Thomas Turner VickerY Wages Ware Warnell Whipple Mr. Speaker

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

On the passage of the bill, the ayes were 140, the nays 0.
The bill having received the requisite two-thirds constitutional majority was passed.

By Messrs. Smith and Jones of DodgeHouse Bill No. 232.

A BILL

To be entitled an Act to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize the City of Eastman to incur a bonded indebtedness or indebtednesses, at such time or times as may be deemed expedient b'y the Council of the City of Eastman, in addition to that heretofore authorized by the Constitution and laws of Georgia for the purpose of refunding or retiring any or all of its existing bonded indebted-

656

JouRNAL OF THE HousE,

ness, whether due and unpaid or not; to provide that the funds raised from such additional bonded indebtedness shall be used exclusively for the retirement of any or all of said existing bonded indebtedness that is, or may become, due up to and including December 31, 1956, or that such refunding bonds may be exchanged for any or all of such existing bonded indebtedness that is, or may become, due up to and including December 31, 1956; to provide for the submission of the amendment for ratification by the people; and for other purposes.
Section 1. Be it enacted bv the General Assemblv of the State of Georgia, and it is her~by enacted by authority of the same, that Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding at the end thereof a new paragraph in the following words, to-wit:
"And except that the City of Eastman may issue refunding serial bonds not in excess of the aggregate sum of ninety-eight thousand ($98,000.00) dollars, at such time or times as may be deemed expedient by the Council of the City of Eastman, for the purpose of refunding and retiring any or all of the existing bonded indebtedness of said City of Eastman, whether due and unpaid or not, and providing for the assessment and collection of an annual tax, sufficient in amount to pay the principal and interest of said bonds as they fall due; the proceeds of all such refunding bonds so issued by the City of Eastman to be used exclusively for the purpose of paying and retiring any or all of said existing bonded indebtedness that is, or may become, due up to and including December 31, 1956, or that such refunding bonds may be exchanged for any or all of such existing bonded indebtedness that is, or may become, due up to and including December 31, 1956. Said refunding bonds shall be issued when authorized by a vote of the Council of the City of Eastman and shall be validated as provided by law.
Sec. 2. Be it further enacted by the authority aforesaid, that when said amendment shall be agreed to by two-thirds vote of the members of each House, with the" ayes" and" nays" thereon, and published in one or more newspapers in each Congressional

TuESDAY, DECEMBER 21, 1937.

657

District in this State for two months previous to the time for holding the next general election, at which proposed amendments to the Constitution of this State may be voted on, and shall at said general election be submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, "For ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the City of Eastman to issue refunding bonds," and all persons opposed to the adopting of said amendment shall have written or printed on their ballots the words, "Against ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the City of Eastman to issue refunding bonds." And if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall be consolidated as now required by law in election for members of the General Assembly, the said amendments shall become a part of Article 7, Section 7, Paragraph 1, of the Constitution of the State, and the Governor shall make a proclamation therefor, as provided by law.

Sec. 3. All laws and parts of laws in conflict herewith are hereby repealed.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Allison Almand Ansley Bargeron Barlow Barnard Barrett Batchelor Beck Bond Booth

Brewton Bridges Brooks of Jackson Brooks of Oglethorpe Brown of Greene Brown of Peach Carmichael of Cobb Clark Claxton Corbett Coxon Croker

Culpepper of Fayette Daves Davis Deal Dean DeFoor Drake Drinkard Dugas Dukes Dunn Edwards

658

JoURNAL OF THE HousE,

Ellington Elllott Evans Ferguson Field Fitts Flanders Fowler Gammage Gavin Goff Grayson
Grubbs GuYton Hampton Hand Harden Harrell of Irwin Harris Harrison Harvey Hastings Hayes Herndon Herrin Hill of Screven Hogg Hollis Holt Home Houston Houze Jackson Johnson Jones of Bartow Jones of BrantleY Jones of Jenkins Kendrick

Key
Kirbo Lanier Larsen Lewallen Lewis Mankin Manry
Marshall Mavity
McCracken McCravey McGehee McGraw McNall Milam Miller Moore of Baldwin Moore of Haralson Moore of Lumpkin Morris Moss Mundy Musgrove Newby Newton Oden Palmour Parker PerrY Peters Phillips Pilcher Pirkle Pound Preston of Bulloch Preston of Walton

Those not voting were Messrs.:

Bennett

Clary

Blease

Clements

Bradley

Cochran

Campbell

Cogdell

Candler

Cohen

Carmichael of Randolph Coleman

Chappell

Culpepper of Mitchell

Ragan Rawlins Reid of Carroll Reid of Wilcox Rountree Rowland Sabados Sams Sanders Sapp Scruggs Simmons Smith of Dodge Smith of Muscogee Striplin Sutton Swindle Tapp Tate Taunton Todd Thomas Trippe VickerY Wall Walton Warnock Watkins Weaver Welsch Whaley Whitaker Williams of Bacon Williams of Jones Wilson Yeomans Zellner
Dampier DaughtrY Dollar Douglass Durden Ennis
Erwin

TuESDAY, DECEMBER 21, 1937.

659

Etheridge Freeman
Gary
Gross Groover Hamby Harrell of Brooks Hart Hendrix Hill of Clarke Hodges Joel

Jones of Dodge Jones of Elbert Keel Lanham Leonard Martin Middleton Moore of Taliaferro Morgan Patten Peebles Rees

Salter Sartain Saunders Smith of Hena Spence Trapnell Turner Wages Ware Warnell Whipple Mr. Speaker

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

On the passage of the bill, the ayes were 148, the nays 0.

The bill having received the requisite two-thirds constitutional majority was passed.

The following report of the Committee on Rules was submitted, read, and adopted:

Mr. Speaker:

Your Committee on Rules having had under consideration the amendment of the calendar under which the House is now operating have instructed me to report that the following calendar be fixed as a special and continuing order of business beginning at once as follows:

1. All general bills with local applications.

2. Local Constitutional Amendments.

3. Senate Bill No. 19. Amending the Income Tax Law.

4. Senate Bill No. 42. Amendment to the Public Assistance Act.

5. Senate Resolution No. 11. Granting Free Hospitalization for Counties.

6. Senate Bill No. 52. 7. Senate Resolution No. 18. Relieving a Bond Forfeiture.

8. House Bill No. . . . Relating to Rural Post Roads.

660

JouRNAL OF THE HousE,

9. House Bill No. 229. Allocating Receipts of Beer Tax.
10. House Bill No. 27. Reorganization of Revenue Department.
11. House Bill No. 116. Rolling Stores Tax.
12. House Bill No. 51. Inheritance Tax Levy.
Respectfully submitted,
SuTToN of Wilkes, Vice-Chairman.
Mr. Smith of Muscogee moved that the House do now adjourn until9:30 o'clock tomorrow morning, and the motion prevailed.
Leaves of absence were granted to Messrs. Bennett of Ware, Hodges of Liberty, Marshall of Macon, Ennis of Baldwin, Etheridge of Houston, Batchelor of Putnam, Freeman of Bibb, and Sartain of Walker.
The Speaker announced the House adjourned until tomorrow morning at 9:30 o'clock.

\VEDNESDAY, DECEMBER 22, 1937.

661

REPRESENTATIVE HALL, ATLANTA, GA.,

WEDNESDAY, DECEMBER 22, 1937.

The House met, pursuant to adjournment, this day at 9:30 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

Daves

Allison

Davis

Almand

Deal

Ansley

Dean

Bargeron

DeFoor

Barlow

Dollar

Barnard

Douglass

Barrett

Drake

Beck

Drinkard

Blease

Dugas

Bond

Dukes

Booth

Dunn

BradleY

Edwards

Brewton

Ellington

Bridges

Elliott

Brooks of Jackson

Erwin

Brooks of Oglethorpe Evans

Brown of Greene

Ferguson

Brown of Peach

Field

Campbell

Fitts

Candler

Flanders

Carmichael of Cobb

Fowler

Carmichael of Randolph Gammage

Clark

Gary

Clary

Gavin

Claxton

Goff

Clements

Grayson

Cochran

Gross

Cogdell

Groover

Coleman

Grubbs

Corbett

Guyton

Coxon

Hamby

Croker

Hampton

Culpepper of Fayette Hand

Dampier

Harden

Harrell of Brooks Harrell of Irwin Harris Harrison Hart Harvey Hastings Hayes Hendrix Herndon Herrin Hill of Clarke Hill of Screven Hogg Hollis Holt Horne Houston Houze Jackson Joel Johnson Jones of Bartow Jones of BrantleY Jones of Dodge Jones of Elbert Jones of Jenkins Keel Kendrick Key Kirbo Lanham Lanier Larsen Leonard

662

JoURNAL OF THE HousE,

Lewallen Lewis Mankin
Manry
Marshall Martin Mavity
McCracken McCravey McGehee McGraw McNall Middleton Milam Miller Moore of Baldwin Moore of Haralson Moore of Lumpkin Morgan Morris Moss Mundy Musgrove Newby Newton Oden Palm.our Parker Perry

Peters Phillips Pilcher Pirkle Pound Preston of Bulloch Preston of Walton Ragan Rawlins Rees Reid of Carroll Reid of Wilcox Rountree Rowland Sabados Salter Sams Sanders Sapp
Sartain Saunders Scruggs Simmons Smith of Dodge Smith of Henry Smith of Muscogee Striplin Sutton

Swindle Tapp Tate Taunton Todd Thomas Trapnell Trippe Turner Vickery Wall Wages Walton Ware Warnell Warnock Watkins Weaver Welsch Whaley Whipple Whitaker Williams of Bacon Williams of Jones Wilson Yeomans Zellner Mr. Speaker

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, as amended, of the House, ta-wit:

By Messrs. Parker of Colquitt, Preston of Bullock, Lanier of Richmond, Mundy of Polk, Sutton of Wilkes, and Key of Jasper-
House Bill No. 26. A bill to be entitled an Act to classify property for taxation; to levy taxes on certain classes of intangible personal property; and for other purposes.

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

WEDNESDAY, DECEMBER 22, 1937.

663

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House, to-wit:
By Messrs. Larsen and Dampier of Laurens-
House Bill No. 201. A bill amending the Act creating a new charter for the City of Dublin, and for other purposes.
By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton-
House Bill No. 227. A bill granting to the proper authorities of Fulton County the right to make zoning laws, and for other purposes.
By Messrs. Lanier, Harris, and Barrett of Richmond-
- House Bill No. 288. A bill to amend an Act granting a charter to the City of Augusta so as to provide for the permanent tenure of certain officers and employees, and for other purposes.
By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton-
House Bill No. 302. A bill to amend the charter of East Point, and for other purposes.
By Mrs. Mankin and Messrs. Kendrick and Hastings of Fulton-
House Bill No. 303. A bill tq amend the Act creating a new charter for the City of East Point, and for other purposes.
By Mr. Morris of Douglas-
House Bill No. 306. A bill repealing the Act creating a Board of County Commissioners for the County of Douglas, and for other purposes.
By Mr. Morris of Douglas-
House Bill No. 307. A bill creating a Board of Commissioners of Roads and Revenues of Douglas County, and for other purposes.
By Messrs. Harris and Lanier of Richmond-
House Bill No. 309. A bill to amend an Act establishing a municipal court for the City of Augusta, and for other purposes.

664

JOURNAL oF THE HousE,

By Messrs. Harris, Lanier, and Barrett of Richmond-

House Bill No. 321. A bill providing for tenure for certain officers and employees of Richmond County, and for other purposes.

By Mr. Pound of Hancock-

House Bill No. 322. A bill authorizing the levy of taxes for the purpose of paying county agricultural and/or home demonstration agents, and for other purposes.

By Messrs. Kirbo and Simmons of Decatur-

House Bill No. 324. A bill amending the Act establishing the City Court of Bainbridge, and for other purposes.

By Mrs. Coxon of Long and Messrs. Key of Jasper and Grayson

of Chatham-



House Bill No. 38. A bill amending the General Appropriations Bill for the purpose of clarifying the appropriations for old age assistance, and for other purposes.

By Mrs. Coxon of Long, Messrs. Phillips of Hall and Grayson of Chatham-

House Bill No. 114. A bill amending Section 92-3701 of the Code providing the purposes for which county taxes may be levied, and for other purposes. '

By Messrs. Jones and Smith of Dodge-
House Bill No. 293. A bill amending the Act creating the office of Commissioner of Roads and Revenues of Dodge County, and for other purposes.

By Mr. Hamby of Rabun-

House Bill No. 295. A bill to eliminate the November term of Rabun Superior Court, 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:

WEDNESDAY, DECEMBER 22, 1937.

665

By Senators Millican of the 52nd District and Fowler of the 39th District-
Senate Resolution No. 35. A resolution commending the family and friends of the Hon. D. F. McClatchey and Governor E. D. Rivers for their thoughtfulness and cooperation in the Christmas Memorial now displayed at the Executive Mansion.
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 Hardman of the 33rd District-
Senate Bill No. 58. A bill authorizing the State Purchasing Department to purchase all cigarette tax stamps, fertilizer tax tags and all other stamps of a tax nature, and for other purposes.
By Senator Atkinson of the 1st District-
Senate Bill No. 60. A bill granting to the United States of America certain ungranted and reverted lands in Chatham County, Georgia, and for other purposes.
By Senator Holmes of the 22nd District-
Senate Bill No. 80. A bill amending the Constitution authorizing the City of Macon to make temporary loans, 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, as amended, the following bills of the House, to-wit:
By Mr. Parker of Colquitt-
House Bill No. 25. A bill defining building and loan or savings and loan associations and to fix the privileges, and for other purposes.

666

JouRNAL OF THE HousE,

By Mr. Welsch of Cobb-
House Bill No. 68. A bill amending Civil Code of 1933, relating to exercising right of eminent domain, 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 House, ta-wit:
By Messrs. Cohen, Grayson, and McNall of Chatham-
House Bill No. 230. A bill to amend the Act with reference to the incorporation of the Mayor and Aldermen of the City of Savannah, and for other purposes.
By Messrs. Parker and Barlow of Colquitt-
House Bill No. 262. A bill amending the Act creating a new charter for the City of Moultrie, and for other purposes.
By Messrs. Coleman and Houze of Lowndes-
House Bill No. 272. A bill to amend an Act incorporating the City of Valdosta, and for other purposes.
By Mr. Oden of Pierce-
House Bill No. 282. A bill reducing the bond of the Sheriff of Pierce County, and for other purposes.
By Messrs. Parker and Barlow of Colquitt-
House Bill No. 17. A bill amending the Act defining who are dealers in livestock, and for other purposes.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:
Mr. Speaker:
The Senate has adopted the report of the Conference Committee on the following bill of the House, to-wit:

WEDNESDAY, DECEMBER 22, 1937.

667

By Messrs. Houston and Perry of Worth-
House Bill No. 64. A bill to be entitled an Act to amend an Act to create a new charter for the City of Sylvester, 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 resolutions of the Senate, to-wit:
By Senators Millican of the 52nd District and Lindsay of the 34th District-
Senate Resolution No. 33. A resolution naming the committee of two members of the Senate and three of the House to cooperate with local interest in securing a National Park for the Atlanta Battlefield Area.
By Senator Atkinson of the 1st District-
Senate Resolution No. 34. A resolution extending the time of recess of the General Assembly from 1:00 o'clock P. M., December 22, 1937.
Mr. Coleman of Lowndes, Acting Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
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.

668

JouRNAL oF THE HousE,

4. Third reading and passage of local uncontested bills and resolutions.
5. First reading and reference of Senate bills and resolutions.
By unanimous consent, the following bill and resolutions of the House were introduced, read the first time, and referred to the committees:
By Messrs. Davis, Keel, and Lanham of Floyd-
House Bill No. 366. A bill to be entitled an Act to authorize the boards of education of all counties in the State of Georgia, having a population of not less than 48,667 and not more than 48,677, to insure the lives and health of all teachers, and other employees of such board of education, and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Gammage of Terrell and Sams of DeKalb-
House Resolution No. 93-366a. A resolution requesting the sum of $100.00 to be and the same is hereby appropriated, said sum to be paid to Wade H. Davis upon warrant from the Governor out of the funds of the Georgia Emergency Relief Administration, or any other fund not otherwise appropriated, and for other purposes.
Referred to Committee on Appropriations.
By Messrs. Phillips and Palmour of Hall, Booth of Barrow, Brooks and Wages of Jackson, McGehee of Dawson and Lanham of Floyd-
House Resolution No. 94-366b. A resolution that in honor of Colonel Sam Tate, and in commemoration of his splendid and lasting service to the State of Georgia, that a certain highway be and the same is hereby named and designated as the "Sam Tate Highway," and for other purposes.
Referred to Committee on Public Highways No.2.
Mr. Sartain of Walker County, Chairman of the Committee on Engrossing, submitted the following report:
Mr. Speaker:
Your Committee on Engrossing has examined, found properly

WEDNESDAY, DECEMBER 22, 1937.

669

engrossed and ready for transmission to the Senate, the following bills and resolutions of the House, to-wit:
House Bills Nos. 71, 80, 88, 92, 93, 94, 95, 96, 109, 110, 115, 130, 134, 143, 148, 158, 162, 163, 165, 171, 174, 177, 182, 183, 184, 185, 186, 199, 213, 214, 224, 228, 232, 238, 241, 246, 258, 261, 263, 279, 283, 291, 292, 300, 305, 314, 315, 317, 318, 319, 327, 332, 333, 334, 335, 337, 349, 259.
House Resolutions Nos. 64-298b, 29-128b, 92, 97.
Respectfully submitted,
SARTAIN of Walker, Chairman.
Mr. Groover of Troup County, Chairman of the Committee on Enrolling, submitted the following report:
Mr. Speaker:
Your Committee on Enrolling has examined, found properly enrolled, and ready for transmission to the Governor, the following bills of the House, to-wit:
House Bills Nos. 236, 237, 252, 253, 201, 306, 307, 178, 251.
Respectfully submitted,
GRoovER of Troup, Chairman.
Mr. Groover of Troup County, Chairman of the Committee on Enrolling, submitted the following report:
Mr. Speaker:
Your Committee on Enrolling has examined, found properly enrolled, and ready for transmission to the Governor, the following bills of the House, to-wit:
House Bills Nos. 59, 17, 47, 97, 128, 156, 209, 211, 216, 220, 222, 227, 230, 231, 235, 270, 282, 272, 293, 295, 324, 61, 116, 118, 120, 187, 200, 276, 302, 309, 321, 167, 288, 303, 259, 64, 77, 262.
Respectfully submitted,
GRoovER of Troup, Chairman.

670

JOURNAL OF THE HousE,

Mr. Groover of Troup County, Chairman of the Committee on Enrolling, submitted the following report:
Mr. Speaker:
Your Committee on Enrolling has examined, found properly enrolled, and ready for transmission to the Governor, the following bills of the House, to-wit:
House Bills Nos. 26, 3, 25, 205, 287, 38, 322, 114, 40, 32, 33, 69, 74, 127, 137, 140, 175, 176.
Respectfully submitted,
GROOVER of Troup, 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 Senate and have instructed me, as Chairman, to report the same back to the House with the following recommendation:
Senate Bill No. 69. Do pass.
Respectfully submitted, MuNDY of Polk, Chairman.
By unanimous consent, the following bill of the Senate, favorably reported, was read the second time:
By Senator McCutchen of the 43rd DistrictSenate Bill No. 69. A bill to be entitled an Act authorizing
the State Librarian to furnish certain books to the University of Georgia School of Law, 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. Jones of JenkinsHouse Bill No. 331. A bill to be entitled an Act to amend
an Act creating the Board of Commissioners of Roads and Revenues for the County of Jenkins, and for other purposes.

WEDNESDAY, DECEMBER 22, 1937.

671

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Middleton of Dade-
House Bill No. 336. A bill to be enti tied an Act to amend an Act abolishing the offices of Tax Collector and Tax Receiver of Dade County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Musgrove of Clinch-
House Bill No. 350. A bill to be entitled an Act to repeal an Act to abolish the County Court of Clinch County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Warnock of Montgomery-
House Bill No. 351. A bill to be entitled an Act to fix the amount of the bond of the Sheriff of Montgomery County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, the nays 0.
The bill having received the requisite constitutional majority was passed.

672

JouRNAL OF THE HousE,

By Mr. Moore of Haralson-

House Bill No. 358. A bill to be entitled an Act to amend an Act consolidating the offices of Tax Collector and Tax Receiver of Haralson County, and for other purposes.

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

On the passage of the bill, the ayes were 107, the nays 0.

The bill having received the requisite constitutional majority was passed.

By unanimous consent, the following bills of the Senate were read the first time and referred to the committees:
By Senator Hardman of the 33rd District-

Senate Bill No. 58. A bill to be entitled an Act authorizing

the State Purchasing Department to purchase all cigarette tax

stamps, fertilizer tax tags and all other stamps of a tax nature,

and for other purposes.



Referred to Committee on State of Republic.

By Senator Atkinson of the 1st District-

Senate Bill No. 60. A bill to be entitled an Act to grant to the United States of America certain ungranted and reverted lands in Chatham County, and for other purposes.

Referred to Committee on Counties and County Matters.

By Senator Holmes of the 22nd District-

Senate Bill No. 80. A bill to be entitled an Act amending the Constitution authorizing the City of Macon to make temporary loans, and for other purposes.
Referred to Committee on Amendments to Constitution No.2.

The following resolutions of the House and Senate were read and adopted:

By Senator Atkinson of the 1st District-

Senate Resolution No. 34. A resolution extending the hour

WEDNESDAY, DECEMBER 22, 1937.

673

of the recess adjournment from 1:00 o'clock P. M. to 6:00 o'clock P.M., and for other purposes.
By Mr. Preston of Walton-
House Resolution No. 95. A resolution urging the Congress of the United States to repeal the federal statutes which fix special licenses and taxes and other severe restrictions against the sale and use of food products. made of cotton seed oil and peanut oil, and for other purposes.
Consideration of the report of the special committee investigating the passage of House Bill No. 14 was postponed until January 3, 1937.
Mr. Barrett of Richmond arose to a question of personal privilege and addressed the House.
Mr. Barrett of Richmond moved that the following resolution of the House be taken from the table:
By Mr. Barrett of Richmond-
House Resolution No. 89. A resolution providing for the appointment of a committee to investigate rumors relative to the Adjutant General and the Confederate Soldiers' Home, and for other purposes.
On the motion to take from the table, the ayes were 53, the nays 50.
The motion prevailed.
Mr. Edwards of Thomas moved that further consideration of the resolution be postponed until January 3, 1937.
The following amendment was read and adopted:
Mr. Parker of Colquitt moves to amend House Resolution No. 89 by adding that the Speaker appoint a committee from the House consisting of five members to serve in the investigation instead of a committee from the UDC, and by striking all reference in said bill to a committee of investigation from the UDC.
The resolution, as amended, was adopted.

674

JouRNAL OF THE HousR,

Under the provisions of House Resolution No. 89, the Speaker appointed as a committee, the following members of the House, to-wit:
Messrs. Culpepper of Fayette,
Manry of Calhoun,
Weaver of Bibb,
Kendrick of Fulton, and
Leonard of Muscogee.
Mr. Jones of Brantley arose to a question of personal privilege and addressed the House.
Mr. Jones of Elbert arose to a question of personal privilege and addressed the House.
The following report of the Committee of Conference on Senate Bill No. 40, a local bill affecting Fulton County, was submitted and read:
Mr. President:
Mr. Speaker:
Committee on Conference on Senate Bill No. 40 recommends that the House and Senate accept Senate Bill No. 40 as passed by the Senate and amended by the House with the exception of striking from line three of the House amendment the word "not" appearing after the word "shall."
MILLICAN of the 52nd District,
FoRRESTER of the 44th District,
PHILLIPS of the 29th District,
On the part of the Senate.
KENDRICK of Fulton,
HASTINGS of Fulton,
MANKIN of Fulton,
On the part of the House.

WEDNESDAY, DECEMBER 22, 1937.

675

On the adoption of the report, the ayes were 121, the nays 0.
The report of the Committee of Conference was adopted.
The following report of the Committee of Conference on House Bill No. 3, the truck and bus tag bill, was submitted and read:
Mr. President:
Mr. Speaker:
Your Conference Committee appointed by the House and Senate to consider Senate amendments to House Bill No. 3 known as "The Truck and Bus Bill" beg to submit the following report:
Your Committee on Conference recommends the Senate recede from its action in adopting Senate Amendment No.2.
Your Committee on Conference recommends the House recede from its action in disagreeing to Senate Amendment No.3.
Your Committee on Conference recommends the House and Senate both recede from their actions in adopting and disagreeing to Senate Amendments No. 4 and No. 6 and that a new amendment be adopted to be known as Section 15 (a) of Section 4 and to read as follows:
"For each motor vehicle owned by the State, any municipality> or other political subdivision of the State used exclusively for governmental functions the sum of three ($3.00) dollars."
"Registration and license of makers and dealers; additional tags.-Manufacturers and dea]ers engaged in the manufacture, sale, or leasing of motor vehicles or tractors shall register with the State Revenue Commission, making application for a distinguishing dealer's number, specifying the name and make of motor vehicle manufactured, sold or leased by them, upon blanks prepared by the State Revenue Commission for such purposes, and pay therefor a fee of $25.00, which fee shall accompany such application, and for which said fee the State Revenue Commission shall furnish to said dealer two number plates to be known as a dealer's number and to be distinguished from the number plates herein provided for by a different and distinguishing color to be determined by the State Revenue Commission, with

676

JouRNAL oF THE HousE,

the word "Dealer" on same; dealer's number plates to be for the purpose of demonstrating or transporting dealer's vehicles for sale or lease. No dealer or manufacturer may use or permit to be used a dealer's number for private use or on cars for hire, or other manner not provided for in this section. In case dealers or manufacturers desire more than two tags, they shall so state on the application, and, in addition to the fee of $25.00 hereinabove provided, shall pay $1.00 for each and every additional number plate furnished. For each motor vehicle owned by the State, any municipality or other political subdivision of the State and used for governmental functions the sum of three dollars ($3.00)."
Your Committee on Conference recommends the House recede from its action in disagreeing to Senate Amendment No. 5.
Your Committee on Conference recommends the House recede from its action in disagreeing to Senate Amendment No. 7.
Your Committee on Conference recommends that the House recede from its action in disagreeing to Senate Amendment No.8.
Your Committee on Conference recommends that the House recede from its action in disagreeing to Senate Committee Amendment No. 6 and Senate Amendment No. 9.
Your Committee on Conference recommends that the House recede in its action in disagreeing to Senate Amendment No. 10.
Your Committee on Conference recommends that the House recede in its action in disagreeing to Senate Committee Amendment No.1.
Your Committee on Conference recommends that the House recede in its action in disagreeing to Senate Committee Amendment No.2.
Your Committee on Conference recommends that the House recede from its action in disagreeing to Senate Committee Amendment No.3.
Your Committee on Conference recommends that the House recede in its action in disagreeing to Senate Committee Amendment No.4.

WEDNESDAY, DECEMBER 22, 1937.

677

Your Committee on Conference recommends that the House recede in its action in disagreeing to Senate Committee Amendment No.5.
Your Committee on Conference recommends that the Senate recede from its action in adopting Sections 7 and 8 of the Senate Committee Amendment.
Your Committee on Conference recommends that the House recede from its action in disagreeing to Senate Committee Amendment No.9.
Your Committee on Conference recommends that the House and Senate recede from their actions in adopting and disagreeing to Senate Amendment No. 1 and that the following be adopted in lieu thereof:
"If the vehicle described herein is operative under the jurisdiction of the Georgia Public Service Commission as a carrier of passengers the rate shall be one-half of the amount herein mentioned where the vehicle is operative over a route of fifty miles or less."
Your Committee on Conference recommends that the House and Senate recede from their actions in adopting and disagreeing to Senate Committee Amendment No. 10 and that the House and Senate adopt in lieu thereof the following:
By amending the caption by adding after the words "to repeal an Act" in line 23 of the caption the following words "approved March 30, 1937," and by adding at the end of the caption and before the words "and for other purposes" the following: "and to provide for brakes on certain trailers."
Respectfully submitted,
GRoss of Stephens, MAVITY of Walker,
SwiNDLE of Berrien,
On the part of the House. MILLICAN of the 52nd District, SurroN of the 47th District, PoPE of the 7th District,
On the part of the Senate.

678

JouRNAL OF THE HousE,

Mr. McNall of Chatham moved that the House disagree to the report of the Committee of Conference.

Mr. \\'atkins of Butts moved that the House agree to thereport of the Committee of Conference.

Mr. Simmons of Decatur moved the previous question, the call was sustained, and the main question was ordered.

On the motion to agree to the report of the Committee of Conference, Mr. Jones of Elbert 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

Dugas

Allison

Dukes

Ansley

Edwards

Bargeron

Ellington

Barlow

Ferguson

Barnard

Field

Blease

Fitts

Bond

Flanders

Booth

Fowler

Bradley

Gammage

Brewton

Gavin

Bridges

Gross

Brooks of Jackson

Grubbs

Brooks of Oglethorpe Hampton

Brown of Greene

Harrell of Irwin

Candler

Harris

Carmichael of Randolph Harrison

Clark

Hart

Cochran

Harvey

Coleman

Hastings

Corbett

Hendrix

Coxon

Herndon

Croker

Hill of Clarke

Culpepper of Fayette Hill of Screven

Dampier

Hollis

Daves

Holt

Deal

Houze

DeFoor

Jackson

Douglass

Joel

Drake

Jones of Brantley

Drinkard

Jones of Dodge

Jones of Elbert Keel Kendrick Key
Lanier Larsen Leonard Lewallen Mankin ManrY Mavity McCracken McCravey McGehee McGraw Milam Miller Moore of Baldwin Moore of Haralson Moore of Lumpkin MundY Musgrove Newby Newton Oden Palmour Parker PerrY Pilcher Pirkle Preston of Bulloch

WEDNESDAY, DECEMBER 22, 1937.

679

Preston of Walton Ragan Rawlins Rees Rowland Salter Sams Sanders Sapp Sartain Saunders Scruggs

Simmons Smith of Dodge Striplin Sutton Swindle Tate Taunton Todd Thomas Trippe Vickery Wall

Walton Ware Warnell Warnock Watkins Whaley Whipple
Whitaker Williams of .Tones Wilson Yeomans Zellner

Those voting in the negative were Messrs.:

Beck Brown of Peach Carmichael of Cobb
Clary
Claxton Clements Davis Dollar Dunn Elliott

Erwin Evans Grayson GUYton Hand Hogg Horne Houston .Tones of Bartow Kirbo

Lanham Marshall McNall Morgan Reid of Carroll Sabados Tapp Weaver Welsch

Those not voting were Messrs.:

Almand Barrett Batchelor Bennett Campbell Chappell Cogdell Cohen Culpepper of Mitchell Daughtry Dean Durden Ennis Etheridge Freeman
Gary

Goff Groover Hamby Harden Harrell of Brooks Hayes Herrin Hodges .Johnson .Tones of .Tenkins Lewis Martin Middleton Moore of Taliaferro Morris Moss

Patten Peebles Peters Phillips Pound Reid of Wilcox Rountree Smith of Henry Smith of Muscogee Spence Trapnell Turner Wages Williams of Bacon Mr. Speaker

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

On the motion to agree, the ayes were 129, the nays 29.

680

JouRNAL OF THE HousE,

The report of the Committee of Conference on House Bill No. 3 was agreed to.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:
Mr. Speaker:
The Senate has adopted the report of the Conference Committee on the followng bill of the Senate, to-wit:
By Senator Millican of the 52nd District-
Senate Bill No. 40. A bill amendng the charter of the City of Atlanta, and for other purposes.
The Senate has agreed to the House amendment to the Senate amendment to the following bill of the House, ta-wit:
By Mr. Whaley of Telfair-
Hause Bill No. 259. A bill to abolish the offices of Tax Receiver and Tax Collector 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 adopted the Conference Report on the following House bill, to-wit:
By Mr. Gross of Stephens-
House Bill No. 3. A bill amending Code Section 68-211 providing for annual fees on motor vehicles, and for other purposes.
The following bill of the House was taken up for the purpose of considering the Senate amendments thereto:
By Mr. Parker of Colquitt-
House Bill No. 25. A bill to be enti tied an Act to define a building and loan or a savings and loan association, and for other purposes.

WEDNESDAY, DECEMBER 22, 1937.

681

The following Senate amendments to House Bill No. 25 were read:
By the Senate:
Senator Atkinson of the 1st District moves to amend House Bill No. 25 by striking therefrom subsection (d) of Section 16.
Senator Lindsay of the 34th District moves to amend House Bill No. 25 as follows:
Amend Section 18 as follows: by inserting the word "knowingly" on the last line of Section 18 after the word "shall."
Insert the word "knowingly" after the word "shall" on line 4 of the printed bill.
The Committee of the Senate on Banks and Banking amends House Bill No. 25 as follows:
By striking from subsection "d" of Section 16 the words "and banks" wherever they occur.
The Committee of the Senate on Banks and Banking moves to amend House Bill No. 25 by striking Section 10 as it appears in the engrossed copy of the bill, and inserting in lieu thereof the following:
"Sec. 10. No person, firm, company, association, co-partnership, or corporation, either domestic or foreign, unless it is operating pursuant to the provisions of this Act, or under the provisions of Home Owners' Loan Act of 1933, of the Congress of the United States, and is actually engaged in carrying on a building and loan, or savings and loan business in this State under the provisions of this Act, or under the provisions of the Home Owners' Loan Act of 1933 of the Congress of the United States, shall hereafter transact business under any name or title which contains the terms "savings and loan," and/or "building and loan," or combination of the words used in said phrases, nor use any sign, or use any letter head, or bill head, circular, or paper of any kind, or advertise in any manner which indicates that his or its business is the character or kind of business carried on or transacted by a building and loan, or savings and loan association, as contemplated in this Act, or which is likely to lead the

682

JouRNAL oF THE HousE,

public to believe that his or its business is that of a building and loan, or savings and loan association, and the violation of this provision of this Act shall be a misdemeanor and shall be punished as provided in Section 27-2506 of the Code of Georgia, 1933; provided, however, that any corporation heretofore chartered, the name of which shall conflict with the provisions of this Section shall have a period of six months after the passage of this Act within which to amend its charter and change its name so as not to conflict with the provisions of this section; and provided further, that the provisions of this section shall not apply to state banks regularly incorporated under the laws of this State, or national banking associations incorporated under the laws of the United States, or any institutions which as of the date of the passage of this Act were submitting to voluntary examination by the Banking Department of the State of Georgia, or institutions which as of the date of the passage of this Act were qualified as Trust Companies with the Secretary of the State of Georgia."
On the question of agreeing to the Senate amendments to House Bill No. 25, the ayes were 121, the nays 0.
The Senate amendments were agreed to.
The following resolution of the House was read and adopted:
By Messrs. Booth of Barrow and Flanders of Emanuel-
House Resolution No. 96. A resolution extending the sincere thanks of the House of Representatives to Han. Wiley Moore, for his entertainment of the members of the General Assembly, and for other purposes.
Under the order of business established by the Committee on Rules, the following bills of the House and Senate were taken up for consideration and read the third time:
By Senator Phillips of the 29th District-
Senate Bill No. 22. A bill to be entitled an Act to provide for the compensation of Clerks of the Superior Courts and Sheriffs, 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.

WEDNESDAY, DECEMBER 22, 1937.

683

On the passage of the bill, the ayes were 110, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Senator Millican of the 52nd District-
Senate Bill No. 29. A bill to be entitled an Act to provide for the use of voting machines at all elections in certain cities, 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, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Senators Kimbrough of the 25th District and Neely of the 36th District-
Senate Bill No. 34. A bill to be entitled an Act to amend an Act so as to add additional mileage to the System of State Aid Roads, 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, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Senator Horne of the 10th District-
Senate Bill No. 32. A bill to be entitled an Act to amend an Act so as to add additional mileage to the System of State Aid Roads, 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 103, the nays 0.
The bill having received the requisite constitutional majority was passed.

684

JouRNAL oF THE HousE,

By unanimous consent, the following bill of the House was tabled:
By Mr. Corbett of Atkinson-
House Bill No. 304. A bill to be entitled an Act to propose to the qualified voters of the State of Georgia, an amendment to the Constitution so as to authorize the Town of Willacoochee to incur a bonded indebtedness, and for other purposes.
By Mr. Patten of Cook-
House Bill No. 342.
A BILL
To be entitled an Act to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize the Town of Sparks to incur a bonded indebtedness in addition to that heretofore authorized by the Constitution and laws of Georgia for the purpose of refunding and retiring its existing bonded indebtedness which becomes due up to and including January 1, 1938; to provide that the funds raised from such additional bonded indebtedness shall be used exclusively for the retirement of said bonded indebtedness that is or may become due and unpaid as of January 1, 1938; to provide for the submission of the amendment for ratification by the people; and for other purposes.
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Article 7, Section 7, Paragraph 1, of the Constitution of Georgia which has heretofore been amended shall be further amended by adding at the end thereof a new paragraph in the following words, to-wit:
"And except that the Town of Sparks may issue refunding serial bonds not in excess of the aggregate sum of Nineteen Thousand ($19,000.00) Dollars, for the purpose of refunding and retiring its existing bonded indebtedness, which becomes due up to and including January 1, 1938, and providing for the assessment and collection of an annual tax sufficient in amount to pay the

WEDNESDAY, DECEMBER 22, 1937.

685

principal and interest of said bonds as they fall due; the proceeds of all such refunded bonds so issued by the Town of Sparks to be used exclusively for the purpose of paying and retiring said bonded indebtedness that is or may become due and unpaid as of January 1, 1938. Said refunding bonds shall be issued when authorized by a vote of the Mayor and Town Council and shall be validated as provided by law."
Sec. 2. Be it further enacted by the authority aforesaid, that when said amendment shall be agreed to by two-thirds vote of the members of each House, with the "Ayes" and "Nays" thereon, and published in one or more newspapers in each congressional district in this State for two months previous to the time for holding the next general election, at which proposed amendments to the Constitution of this State may be voted on, and shall at said general election be submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, "For ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the Town of Sparks to issue refunding bonds," and all persons opposed to the adopting of said amendment shall have written or printed on their ballots the words "Against ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the Town of Sparks to issue refunding bonds." And if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall be consolidated as now required by law in election for members of the General Assembly, the said amendments shall become a part of the Article 7, Section 7, Paragraph 1, of the Constitution of the State, and the Governor shall make a proclamation therefor, as provided by law.
Sec. 3. All laws and parts of laws in conflict herewith are hereby repealed.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the roll call was ordered and the vote was as follows:

686

JouRNAL oF THE HousE,

Those voting in the affirmative were Messrs.:

Adams Allison Ansley Barlow Barnard Beck Blease Booth Brewton Bridges Brooks of .Jackson Brooks of Oglethorpe Brown of Greene Brown of Peach Candler Carmichael of Cobb Chappell ClarY Claxton Clements Cochran Coleman Corbett Croker Dampier Daves Davis Deal Dean DeFoor Douglass Drake Drinkard Dukes Dunn Edwards Ellington Elliott Erwin Evans Ferguson Field Fitts Flanders Fowler Gammage Gavin

Grayson Gross Grubbs GUYton Hampton Harrell of Irwin Hamson Harvey Hayes Herndon Hill of Clarke Hill of Screven Hogg Hollis Holt Horne Houston Houze .Jackson .Johnson .Tones of Bartow .Tones of Brantley .Tones of Dodge .Tones of Elbert Keel Kendrick Key
Kirbo Lanham Larsen Leonard Lewallen Lewis Mankin Marshall Mavity McCracken McCravey McGehee McGraw McNall Milam Miller Moore of Baldwin Moore of Haralson Moore of Lumpkin

Morgan Morris Mundy Musgrove Newby Oden Palmour Pilcher Pirkle Preston of Walton Rawlins Reese Reid of Carroll Rountree Rowland Sabados Sams Sanders Sapp Sartain Saunders Scruggs Simmons Smith of Dodge Smith of Henry Smith of Muscogee Striplin Sutton Swindle Tapp Tate Taunton Todd Trapnell VickerY Wall Walton Ware Weaver Welsch Whaley Whipple Whitaker Williams of .Tones Wilson Yeomans

WEDNESDAY, DECEMBER 22, 1937.

687

Those not voting were Messrs.:

Almand

Gary

Bargeron

Goff

Barrett

Groover

Batchelor

Hamby

Bennett

Hand

Bond

Harden

Bradley

Harrell of Brooks

Campbell

Harris

Carmichael of Randolph Hart

Clark

Hastings

Cogdell

Hendrix

Cohen

Herrin

Coxon

Hodges

Culpepper of Fayette Joel

Culpepper of Mitchell Jones of Jenkins

Daughtry

Lanier

Dollar

Manry

Dugas

Martin

Durden

Middleton

Ennis

Moore of Taliaferro

Etheridge

Moss

Freeman

Newton

Parker Patten Peebles Perry Peters Phillips Pound Preston of Bulloch Ragan Reid of Wilcox Salter Spence Thomas Trippe Turner Wages Warnell Warnock Watkins Williams of Bacon Zellner Mr. Speaker

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

On the passage of the bill, the ayes were 139, the nays 0.

The bill having received the requisite two-thirds constitutional majority was passed.

By Mr. Holt of Appling-

House Bill No. 311.

A BILL
An Act to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize the City of Baxley, Appling County, Georgia, to refund a bonded indebtedness, in addition to that heretofore authorized by the Constitution and laws of Georgia, for the purpose of refunding and retiring its present or any future bonded indebtedness legally incurred that may be due and unpaid, provided that same shall not be in excess of

688

JouRNAL OF THE HousE,

the amount municipalities are now authorized to incur, .and provided that the funds raised from such additional bonded indebtedness shall be used exclusively, and for no other purpose, for the retirement of said bonded indebtedness that may exist for the present time or in the future, and to provide for same as may become due or unpaid, and to authorize the governing authorities of the City of Baxley without a vote of the people, to authorize the issuance of said refunding bonds to meet the present or any future indebtedness that may be incurred and to provide for the submission of this amendment for ratification by the people, and for other purposes.
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding at the end thereof a new paragraph in the following words, to-wit:
"And except that the City of Baxley, in Appling County, Georgia, for its present or future bonded indebtedness, may issue serial refunding bonds not in excess of the legally authorized outstanding unpaid bonded indebtedness, which includes principal and interest, for the purpose of refunding and retiring any bonded indebtedness for said City of Baxley municipality, and providing for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said refunding bonds as they shall fall due; the proceeds of such refunding bonds that may be issued as herein provided to be used exclusively for the purpose of paying and retiring said bonded indebtedness that is due or that may become due and unpaid on any future bonded indebtedness, and provided further that said refunding bonds shall be issued only when authorized by a vote of the governing body of the City of Baxley, and then shall be validated as is provided by law."
Sec. 2. Be it further enacted by the authority aforesaid, that when said amendment shall be agreed to by two-thirds vote of the members of each House, with the "ayes" and "nays" thereon, the Governor is hereby directed to have this proposal published in one or more newspapers in each congressional district in this State

WEDNESDAY, DECEMBER 22, 1937.

689

for two months previous to the time for holding the next general election, at which proposed amendments to the Constitution of this State may be voted on, and shall at said general election be submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words "For ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the City of Baxley to issue refunding bonds," and all persons opposed to the adopting of said amendment shall have written or printed on their ballots the words "Against ratification of amendment to Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the City of Baxley to issue refunding bonds." And if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof as provided by law, the result shall be consolidated as now required by law in election for members of the General Assembly, the said amendment shall become a part of Article 7, Section 7, Paragraph 1, of the Constitution of the State and the Governor shall make a proclamation therefor, as provided by law.

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

On the passage of the bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs:

Adams Allison Ansley
Bargeron Barlow Barnard Beck Blease Bond Brewton Brooks of Jackson Brooks of Oglethorpe Brown of Peach Candler Carmichael of Cobb

Carmichael of Randolph Dollar

Chappell

Drake

Clark

Drinkard

Clary

Dugas

Claxton

Dukes

Clements

Dunn

Cochran

Edwards

Corbett

Ellington

Coxon

Elliott

Croker

Evans

Dampier

Ferguson

Daves

Field

Davis

Fitts

Deal

Fowler

DeFoor

Gammage

690

jOURNAL OF THE HousE,

Gavin Grayson Gross Grubbs GUYton Hamby Hampton Harrell of Irwin Harris Harrison Harvey Hayes Hendrix Herndon Hill of Clarke Hogg Hollis Holt Houston Houze Jackson Johnson Jones of Bartow Jones of Brantley Jones of Elbert Keel Kendrick Key Kirbo Lanham Lanier Larsen

Lewis Mankin Marshall MavitY McCracken McCravey McGehee McGraw McNall Milam Moore of Baldwin Moore of Haralson Moore of Lumpkin Morgan Mundy Musgrove Newby Oden Palmour Perry Pirkle Pound Preston of Walton Rawlins Rees Reid of Carroll Rountree Rowland Sabados Sams Sanders

Those not voting were Messrs:

Almand Barrett Batchelor Bennett Booth Bradley Bridges Brown of Greene Campbell Cogdell Cohen Coleman Culpepper of Fayette

Culpepper of Mitchell Daughtry Dean Douglass Durden Ennis Erwin Etheridge Flanders Freeman
Gary
Goff Groover

Sapp Sartain Saunders Scruggs Simmons Smith of Dodge Smith of Henry Smith of Muscogee Striplin Sutton Swindle Tapp Tate Taunton Todd Thomas Trapnell Vickery Wall Walton Ware Watkins Weaver Welsch Whaley Whipple Whitaker Williams of Jones Wilson Yeomans Zellner
Hand Harden Harrell ot Brooks Hart Hastings Herrin Hill of Screven Hodges Horne Joel Jones of Dodge . Jones of Jenkins Leonard

WEDNESDAY, DECEMBER 22, 1937.

691

Lewallen Manry
Martin Middleton Miller Moore of Taliaferro Morris Moss Newton

Parker Patten Peebles Peters Phillips Pilcher Preston of Bulloch Ragan Reid of Wilcox

Salter Spence Trippe Turner Wages Warnell Warnock Williams of Bacon Mr. Speaker

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

On the passage of the bill, the ayes were 139, the nays 0.

The bill having received the requisite two-thirds constitutional majority was passed.

By Senator Harrell of the 12th District-

Senate Bill No. 19. A bill to be entitled an Act to provide for the deduction of payments of federal income taxes from income taxes due the State of Georgia, and for other purposes.

The following substitute to Senate Bill No. 19 was submitted, read, and adopted.

By Messrs. Elliott of Muscogee, Harvey of Upson, and Simmons of Decatur.

A BILL

To be entitled an Act to amend Title 92, ("Public Revenue"), Division 1, ("Sources of Revenue"), Part IX, ("Income Taxes"), of the Code of Georgia of 1933, as amended by the Act approved March 26, 1935, and by the Act approved March 30, 1937, by amending sub-section (3) of sub-section (i) of Section 92-3002 of said Code, defining resident; by amending Section 92-3101 of said Code, by repealing the minimum tax as levied therein; by amending Section 92-3102 of said Code by repealing the Section levying a minimum tax therein; by amending Section 92-3103 of said Code by striking that part of sub-section (c) of Section (1) allowing a certain credit against tax; by amending Section 92-3109, so as to allow a deduction from gross income on certain proportions of the dividend income received by corporations from other corpo-

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rations engaged in business in said State; by amending Section 92-3117 of said Code, so as to provide for taxation of resident members of non-resident partnerships; by providing for certain deductions from gross income of federal income taxes actually paid during the preceding taxable year upon federal income tax return filed in said taxable year; and for other purposes.

Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same:

Section 1. That Title 92,. ("Public Revenue"), Division 1, ("Sources of Revenue"), Part IX, ("Income Taxes"), Chapter 9231, of the Code of Georgia of 1933, as amended by the Act approved March 26, 1935, and the Act approved March 30, 1937, be and the same is hereby amended by striking from subsection (3) of sub-section (i) of Section 92-3002 of said Code, as amended, the words "six months," wherever they may appear, and by substituting in lieu thereof the words "four months"; so that said sub-section (3) of sub-section (i) of Section 92-3002 of said Code, as amended, shall read as follows: "and, effective January 1, 1937, any other person who maintains a place of abode within the State and spends in the aggregate more than four months of the taxable year within the State whether domiciled in this State or not. But any person who, on or before the last day of the taxable year changes his place of abode to a place without this State, with the bona fide intention of continuing actually to abide permanently without this State, shall be taxable the same as a non-resident is taxable under this Act. The fact that a person who has changed his place of abode within four months from so doing, again resides within this State, shall be prima facie evidence that he did not intend permanently to have his place of abode without this State. Such person not having returned his income for taxation as a resident of this State shall be deemed to have resided on the day when such income should have been listed at his last place of abode within this State. The fact that a person whose place of abode during the greater portion of such twelve (12) months has been within this State does not claim or exercise the right to vote at public elections within this State, shall not, of itself, constitute him a

WEDNESDAY, DECEMBER 22, 1937.

693

non-resident of this State within the meaning of this Act."
Sec. 2. That Title 92, Division 1, Part IX, Chapter 92-31 of the Code of Georgia of 1933, as amended by the Act approved March 26, 1935, and by the Act approved March 30, 1937, be further amended by striking from Section 92-3101 of the said Code, as amended, the following:
"each and every individual subject to file a return as provided by this Act shall pay a minimum tax of $2.00 whether such return shall show any liability of tax on its net income as disclosed in the return."
Sec. 3. That Title 92, Division 1, Part IX, Chapter 92-31 of the Code of 1933, as amended by the Act approved March 26, 1935, and the Act approved March 30, 1937, by striking from said Section 92-3102 of said Code, as amended, in its entirety sub-section (a) of said section as follows:
"Each and every corporation subject to file a return as provided by this Act shall pay a minimum tax of $10.00 whether such return shall show any liability for tax on its net income as disclosed by the return."
Sec. 4. That Title 92, Division 1, Part IX, Chapter 92-31 of the Code of Georgia of 1933, as amended by the Act approved March 26, 1935, and by the Act approved March 30, 1937, be further amended by striking from sub-section (c) of Section 92-3103 of said Code as amended, the following:
"except that a credit of $10.00 shall be allowed only to a fiduciary acting in the capacity of an administrator, executor, trustee, or guardian, of the minor child or children of the deceased, also to guardians, trustees, executors, and administrators representing persons who are incompetent."
so that said sub-section (c) of Section 92-3103 shall read as follows: "The entire net income of resident insolvent or incompetent individuals, whether or not any portion thereof is held for the future use of the beneficiaries, where the fiduciary has complete charge of such net income, the net income of the estate or trust shall be computed in the same manner and on the same basis as in the case of an individual."

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Sec. 5. That Title 92, Division 1, Part IX, Chapter 92-31 of the Code of Georgia of 1933, as amended by the Act approved March 26, 1935, and by the Act approved March 30, 1937, be further amended by adding a new sub-paragraph to Section 92-3109 of said Code, said sub-paragraph to be known as Section 92-3109 (h), and to read as follows:
"(h) Effective as of January 1, 1937, dividends received by Georgia Corporations from other corporations engaged in business in this State and subject to the payment of taxes under the income tax laws of this State; provided, however, that if the net income of the dividend paying corporation is in part derived from property owned or business done without the State of Georgia, then such dividends when received by other Georgia corporations may be deducted from gross income only in the same proportion that the business income of such dividend paying corporation is attributable to the property owned and business done within this State, as determined under Section 92-3113 of the Code of Georgia of 1933."
Sec. 6. That Title 92, Division 1, Part IX, Chapter 92-31 of the Code of Georgia of 1933, as amended by the Act approved March 30, 1937, be further amended by adding a new subparagraph to Section 92-3117 of said Code, as amended, said sub-paragraph to be known as Section 92-3117 (a), and read as follows:
"(a) Effective January 1, 1937, where one or more of the individual members is a resident of Georgia but a member of a partnership doing business without the State of Georgia, such resident member or members shall include in his individual return his distributable share (whether distributed or not) of the net income of the partnership for the taxable year."
Sec. 7. That Title 92, ("Public Revenue"), Division 1, ("Sources of Revenue"), Part IX, ("Income Taxes"), Chapter 92..:. 31, ("Imposition, rate and computation of tax; exemptions"), of the Code of Georgia of 1933 as amended by the Act approved March 26, 1935, and as further amended by the Act approved March 30, 1937 relating to the State tax on incomes, be and the same is hereby amended by striking from Section 92-3109

WEDNESDAY, DECEMBER 22, 1937.

695

("Deductions from gross income"), Paragraph C which permits the deduction of certain taxes, and inserting in lieu thereof the following:
"(c) Taxes-Effective January 1, 1938, taxes paid or accrued within the taxable year, except State income taxes, estate and inheritance taxes, gift taxes, cigar and cigarette taxes, gasoline taxes and taxes assessed for local benefits of a kind tending to increase the value of the property assessed, provided, however, that the taxpayer may only deduct from gross income the amount of Federal net income taxes shown to be due and actually paid during the immediate preceding taxable year on the return filed by said taxpayer in such preceding taxable year, and, provided further, that where the entire net income of the taxpayer is not taxable by the State of Georgia, then the taxpayer may only deduct such Federal net income taxes in the same proportion that the net income taxable by the State of Georgia bears to the entire net income taxable by the Federal government."
Sec. 8. Be it further enacted that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed.
The report of the committee, which was favorable to the passage of the bill, was agreed to, by substitute.
On the passage of the bill, by substitute, the ayes were 107, the nays 1.
The bill having received the requisite constitutional majority was passed, by substitute.
Mr. Jones of Brantley requested that the Journal show that he cast his vote against the bill.
Mr. Sutton of Wilkes moved that the House do now recess for one hour, the motion prevailed, and the Speaker announced the House recessed until 2:05 o'clock P. M.
2:05 o'clock P. M.
The Speaker called the House to order.
The following resolution of the House was read and adopted:

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By Messrs. Fowler of Treutlen, Harris of Richmond, Deal of Bulloch, Musgrove of Clinch, Hill of Screven, Mrs. Coxon of Long, Messrs. Swindle of Berrien, Drake of Seminole, and Houze and Coleman of Lowndes-
House Resolution No. 97.
A RESOLUTION
Whereas, one of the important lines of agriculture in the South is that of naval stores operations and this agricultural activity and product has been crushed by the recent recession in business and this large class of our farmers are now suffering heavy losses; and,
Whereas, the National Government has repeatedly demonstrated a sincere desire to protect and aid the great body of American citizens engaged in agricultural pursuits; and,
Whereas, it is the firm conviction of the General Assembly of the State of Georgia that if the representatives in Congress and the executive officials of the Federal Government were given a clear understanding of the deplorable conditions of this class of our farmers they would exert every energy and employ every available means to render Federal assistance to the naval stores operators and certainly to have the Reconstruction Finance Corporation recognize naval stores products as products of the farm and therefore entitled to be so classified for the purpose of making loans thereon, such loans to be in amounts that will cover the cost of production and enable these farmers to avoid losses in their activities.
Therefore, be it resolved by the House of Representatives of the State of Georgia, the Senate concurring, that we strongly urge the members of both Houses of the National Congress to present the case of the naval stores operators of the South to the proper executive departments of the Federal Government and urge immediate action by such departments to the limit of their authority under the law with a view to rendering needed financial assistance to this class of our people. We further urge the members of Congress, if they find such necessary, to intraduce and push to enactment legislation that will enable the executive de-

WEDNESDAY, DECEMBER 22, 1937.

697

partment to render such aid. We cannot place too much emphasis upon the importance of immediate action and avoiding any delay.
Be it resolved further that a copy of this resolution be mailed by the Clerk of the House and Secretary of the Senate to each member of the Georgia delegation in the National Congress, to Hon. Henry Wallace, Secretary of Agriculture, and to Hon. Jesse Jones, Chairman of the Reconstruction Finance Corporation.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:
Mr. Speaker:
The Senate has passed, as amended, by the reqmstte constitutional majority the following bill of the House, to-wit:
By Mr. Key of Jasper-
House Bill No. 287. A bill amending an Act entitled General Appropriations, and for other purposes.
The Senate has agreed to the House substitute to the following bill of the Senate, to-wit:
By Senator Harrell of the 12th District-
Senate Bill No. 19. A bill providing for deductions from state income tax for those paid the Federal Government.
Under the order of business established by the Committee on Rules, the following bill and resolution of the Senate were taken up for consideration and read the third time:
By Senator Pruett of the 2nd District-
Senate Bill No. 42. A bill to be entitled an Act to amend an Act known as the "Public Assistance to Aged Act," by striking therefrom Section 15, providing for recovery from the estate of any recipient of old age assistance, 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, the nays 0.

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The bill having received the requisite constitutional majority was passed.
By Senator Lindsay of the 34th DistrictSenate Resolution No. 18. A resolution for the relief of
Harold Clark, principal, and Mobley and Lunsford, sureties, and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 105, the nays 0. The resolution having received the requisite constitutional majority was adopted.
The following report of the Committee on Rules was submitted, read, and adopted:
Mr. Speaker: Your Committee on Rules having had under consideration the
amendment of the calendar under which the House is now operating have instructed me to report the following order of business beginning immediately after the noon recess on December 22, 1937:
Senate Bill No. 31. Relating to compensation of tax collectors. Senate Bill No. 42. Amending the Public Assistance Act. Senate Resolution No. 11. Granting free hospitalization for counties. Senate Bill No. 52. Senate Resolution No. 18. Relieving from bond forfeiture. House Bill No. . . . Relating to rural post roads. House Bill No. 229. Allocating receipts of beer tax. House Bill No. 27. Reorganization of Revenue Department. House Bill No. 16. Rolling store tax. House Bill No. 51. Inheritance tax.
Respectfully submitted, SuTToN of Wilkes, Vice-Chairman.

WEDNESDAY, DECEMBER 22, 1937.

699

Under the order of business established by the Committee on Rules, the following bill of the Senate was taken up for consideration and read the third time:
By Senators Purdom of the 46th District and Jackson of the 14th District-
Senate Bill No. 31. A bill to be entitled an Act to amend the Code of Georgia of 1933, with reference to the fees and commissions of tax receivers and tax collectors, and for other purposes.
By unanimous consent, further consideration of the bill was postponed until later in the day.
The following hill of the House was taken up for the purpose of considering the Senate amendments thereto:
By Messrs. Parker of Colquitt, Preston of Bulloch, Lanier of Richmond, Mundy of Polk, Sutton of Wilkes, and Key of Jasper-
House Bill No. 26. A hill to be entitled an Act to classify property for taxation; to levy taxes on certain classes of intangible personal property; and for other purposes.
The following Senate amendments to House Bill No. 26 were read:
By the Senate:
By Committee on Finance: To amend by inserting in Section 3 thereof a new subsection to be known as subsection (aa), to immediately follow subsection (a) and to read as follows: "(aa) A property tax is hereby levied for the year 1938 and annually thereafter at the rate of one dollar and fifty cents ($1.50) on each one thousand dollars ($1,000) of the fair market value of all notes or other obligations insured by the Federal Housing Administration (except those owned by banks), and of all notes or other obligations representing loans, secured by real estate, made by state building and loan associations and federal savings and loan associations for the purpose of financing the purchase, improvement or construction of homes, as of the first day of January, up to the value of five thousand dollars ($5,000) each. Any fair market value thereof in excess of five thousand

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dollars ($5,000) shall be taxed as provided in the following subsection of this section."
By Committee on Finance: By striking after the word "January" in Section 3, subsection (b), line 4, the following "then that subject to tax under subsection (a) of this section" and inserting in lieu thereof the following "than that subject to tax under subsections (a) and (aa)."
By Senator Lindsay of the 34th District: To amend Section 3, subsection (d) on line 18 after the word "Commission" by inserting the following words "or such authority as may succeed the present Revenue Commission."
To further amend Section 3, subsection (d) on line 24 after the word "the" by inserting the word "respective."
To further amend Section 3, subsection (d) on line 25 after the word "tax" by inserting the words "in each county."
To further amend Section 3, subsection (d) after the word "intangibles" on the 26th line by inserting the words "which are."
To further amend Section 3, subsection (e) by inserting the following words at the end of said subsection, changing the period to a comma, "for citizens of this State."
By Committee on Finance: To amend by striking from Section 4 (h) the following: "one hundred per cent (100%)," and by substituting in lieu thereof the following: "twenty-five per cent (25%)."
By Senator Lindsay of the 34th District: To amend Section 4, subsection (a) by inserting the word "reasonably" after the word "may" on the 9th line, and after "may" on line 11 of said paragraph.
To further amend Section 4, subsection (b) by inserting on line 24 after the word "that" the word "wilfull."
To further amend Section 4, subsection (b) as follows: by striking the word "defense" on line 29 and inserting in lieu thereof the word "penalty."

WEDNESDAY, DECEMBER 22, 1937.

701

By Senator Almand of the 50th District: To amend Section 4, Paragraph (a) by adding after the word "organization" in line 16 of the printed bill the following language: "Non-profit cooperative associations."
To further amend Section 5 by striking the words "nor permit" on line 8.
To further amend Section 6 as follows by inserting after the word "shall" on line 6, the word "wilfully."
To amend by striking the comma after the word "assets" in the 9th line of Section 7, and inserting the words "subject to taxation in this State."
By Senator Lindsay of the 34th District: To amend Section 9 by inserting on line 1 after the word "Commission" the words "or its successors in authority."
By Senator Millican of the 52nd District: To amend by striking all of subsection (b) of Section 8 and substituting in lieu thereof the following: "Every Georgia corporation the bonds of which are subject to tax under this Act shall on or before the first day of each year make a true and correct, verified report to the Commission giving in such form as the said Commission may require, the names and addresses of persons in Georgia who held its registered bonds on January 1 last preceding and in addition a list of the registered bonds transferred from such persons between November 1 and January next preceding the date of the return. (Intangible property transferred prior to January 1 to avoid the tax imposed hereunder or to secure a reduction in the rate thereof is hereby made subject to the tax levied by this Act.)
To further amend Section 10 by inserting after the word "receivers" on line 7 the following words "with regard to the situs of such property."
By Senator Lindsay of the 34th District: To amend Section 11 by changing the period at the end of subsection (a) to a comma and adding at the end of said section "in each county."
By Committee on Finance: To amend Section 11, subsection (c), line 4 after the words "proportion that" and before the words "the aggregate" the following: "the aggregate millage

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rate for State purposes" and further amend Section 11, subsection (c) by adding after the word "between" in the tenth line and before the words "the County General Fund" the words "the State."
To further amend by adding after the word "situated" where same first appears in Section 11 (e) the following: "The tax levied in Section 3 hereof shall he deemed to he levied by the participating taxing authorities in the proportion that the millage rate of each participating taxing authority hears to the aggregate millage rate of all of the participating taxing authorities."
To further amend by adding at the end of Section 11 (e) the following: "Provided, however, that in no event shall any political subdivision or taxing authority, levy a tax on intangible property classified and taxed under this Act and not classified to he taxed as now provided by law, at a rate in excess of 20% of the rate levied by such political subdivision or ta~ing authority on tangible property.
To further amend by striking from Section 11 (e) the word "allocation" wherever it appears in such Section ll(e) and by substituting in lieu thereof the word "distribution."

By Committee on Finance: To amend Section 14, by striking all of said section after the word "law" in line 5 and substituting the following: "Except that any taxpayer who complies with the requirements of this Act by making a true return of his intangible property as specified in Section 4 of this Act by March 15, 1938, shall not he required to pay tax on any such intangibles for years prior to 1938, on which no return or assessment has been made or on which no litigation has been instituted either by the taxing authorities or the taxpayer prior to January 1, 1938. Such omitted taxes upon the taxpayer's compliance with the provisions of this Act are hereby declared to he barred as by a statute of limitation."

By Senator Lindsay of the 34th District: To amend Section 15 by adding the following words at the head of said section "Be it further enacted that each provision and section of this Act he and the same is hereby separately enacted and."

WEDNESDAY, DECEMBER 22, 1937.

703

Committee on Finance moves to amend House Bill No. 26 as follows: To amend by striking from the fourth and fifth lines of Section 2 the following words "and all shares of building and loan associations."
By Senator Harrell of the 12th District: To amend Section 2 by adding at end of section the following proviso: "Provided, however, that open accounts shall not be considered as taxible and as having any certain taxable value either as intangibles under this Act or any other laws taxing property in this State."
Mr. Lanham of Floyd moved that the House disagree to the Senate amendments.
Mr. Watkins of Butts moved that the House agree to the Senate amendments.
The Senate amendments to House Bill No. 26 were disagreed to.
The Speaker appointed as a Committee of Conference on the part of the House to confer with a like committee to be appointed by the President of the Senate, on House Bill No. 26, the following members of the House:
Messrs. Lanham of Floyd,
Carmichael of Cobb, and
Elliott of Muscogee.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:
Mr. Speaker:
The Senate insists upon its amendments to the following bill of the House, to-wit:
By Mr. Parker of Colquitt and others-
House Bill No. 26. A bill to be entitled an Act to classify property for taxation; to levy taxes on certain classes of intangible personal property; and for other purposes.
The President has appointed a Committee of Conference on the part of the Senate to confer with a like committee on the part of the House on House Bill No. 26, the following Senators:

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Senators Millican of the 52nd District, Lindsay of the 34th District, and Pope of the 7th District-
By unanimous consent, further consideration of Senate Bill No. 31, relating to fees of tax collectors and tax commissioners, was postponed.
The House recessed subject to the call of the chair.
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 adopted the report of the Conference Committee on the following bill of the House:
By Messrs. Parker of Colquitt, Preston of Bulloch, Lanier of Richmond, Mundy of Polk, Sutton of Wilkes, and Key of Jasper-
House Bill No. 26. A bill to classify property for taxation; to levy taxes on certain classes of the intangible personal property; and for other purposes.
The following report of the Committee of Conference on House Bill No. 26 was submitted and read:
Conference Committee Report on House Bill No. 26 beg to submit the following report:
We recommend both House and Senate recede from their position on Senate Amendment to Section 3, Subsection (aa), and in lieu thereof a new section be written to be known as Subsection (aa), Section 3, and reading as follows:
"(aa) A property tax is hereby levied for the year 1938 and annually thereafter at the rate of one dollar and fifty cents ($1.50) on each one thousand dollars ($1,000.00), of the fair market value of all notes or other obligations insured by the Federal Housing Administration (except those owned by banks), and of all notes or other obligations representing loans, secured by real estate, made by State building and loan associations and Federal savings and loan associations for the purpose of

WEDNESDAY, DECEMBER 22, 1937.

705

financing of homes, as of the first day of January, up to the value of five thousand dollars ($5,000) each. Any fair market value thereof in excess of five thousand dollars ($5,000) shall be taxed as provided in the following subsection of this section."
That the House recede from its posititon m disagreeing to Senate Amendment No.3.
That the House recede from its position in disagreeing to Senate Amendments 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 18, 19, 20 and 25.
That both the House and Senate recede from their position on Senate Amendment No. 15 in regard to Senate Amendment on the eighth and ninth line of Section 7, and in lieu thereof the following words from the House bill be stricken:
"ad valorem taxes in Georgia on not less than 75% of its total assets,"
and in lieu thereof insert the following:
"all taxes in Georgia as now provided for by law."
That the Senate recede from its position on Senate Amendment No. 17.
The House recede from its position on Senate Amendment No. 21.
That the House recede from its position on Senate Amendments Nos. 22 and 23.
That the House recede from its position in disagreeing to Senate Amendment No. 24, which is an amendment to Section 14 of House Bill.
That the Senate recede from its position on Amendment No. 26, which is amendment to Section 2 of the House bill.
That the Senate recede from its position on Amendment No. 27, which is an amendment to Section 2.
MILLICAN of the 52nd District,
PoPE of the 7th District,
LINDSAY of the 34th District.
On the part of the Senate.

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CARMICHAEL of Cobb,
ELLIOTT of Muscogee,
LANHAM of Floyd.
On the part of the House.
Mr. Sabados of Dougherty moved that the House agree to the report of the Committee of Conference.
Mr. Carmichael of Cobb moved the previous question.
On the motion for the previous question, the ayes were 107, the nays 11.
The call for the previous question was sustained.
Mr. Candler of DeKalb moved that the House reconsider its action in ordering the previous question, and the motion was lost.
The main question was ordered.
On agreeing to the report of the Committee of Conference on House Bill No. 26, the ayes were 113, the nays 13.
The report was agreed to. Messrs. Marshall of Macon, Dukes of Washington, and Jones of Brantley, requested that the Journal show they cast their vote against agreeing to the report of the Committee of Conference.
The following bill of the House was taken up for the purpose of considering the Senate amendments thereto:
By Mr. Key of JasperHouse Bill No. 287. A bill to be entitled an Act to amend
the General Appropriations Act, so as to provide for current and past due legislative expenses, and for other purposes.
The following Senate amendments to House Bill No. 287 were read:
By the Senate:
Senators Almand of the 50th District and Atkinson of the 1st District move to amend House Bill No. 287 by adding after

WEDNESDAY, DECEMBER 22, 1937.

707

the word "Legislature" in the first line of the third paragraph, the words: "Secretary of Senate, Clerk of the House, and their staffs of assistants and clerks."
Committee moves to amend House Bill No. 287 as follows: Amend second paragraph of said bill in the last line thereof between the word "years" and the figures "1938" by adding the words and figures "1937" so that the quoted figures in said paragraph shall read as follows:
"For each of the fiscal years 1937, 1938 and 1939."
The committee further amends House Bill No. 287 by adding a new paragraph to read as follows:
"Providing, however, all unpaid expenses of the Legislative Session of 1937, including the extra session, and all committee expenses incident to either session shall be paid out of the appropriations for 1937, 1938 and 1939."
On the question of agreeing to the Senate Amendments to House Bill No. 287, the ayes were 111, the nays 5.
The Senate amendments to House Bill No. 287 were agreed to.
Mr. Gross of Stephens moved that the House do now adjourn, and the motion prevailed.
Leaves of absence were granted to .Messrs. Deal of Bulloch, and Pilcher of Warren.
By virtue of a resolution previously adopted, the Speaker announced the House adjourned until Monday morning, January 3, at 11:00 o'clock, and Senate Bill No. 31 went over until that time under the order of unfinished business.

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REPRESENTATIVE HALL, ATLANTA, GA.,
MoNDAY, JANUARY 3, 1938.
Pursuant to resolution previously adopted, the House met at 11:00 o'clock this day, 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. Dampier of Laurens, Acting Chairman of the Committee on Journals, reported that the Journal of Wednesday's, December 22nd, session, 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 bills and resolutions.
5. First reading and reference of Senate bills and resolutions.
By unanimous consent, the following bills of the House were introduced, read the first time, and referred to the committees:
By Messrs. Simmons and Kirbo of Decatur-
House Bill No. 367. A bill to be entitled an Act to amend an Act to create a new charter for the City of Bainbridge, in the County of Decatur, and for other purposes.
Referred to Committee on Municipal Government.

MoNDAY, JANUARY 3, 1938.

709

By Messrs. Edwards and Cochran of Thomas-
House Bill No. 368. A bill to be entitled an Act to amend an Act creating a new charter for the Town of Meigs, in the County of Thomas, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Newby of Twiggs-
Hause Bill No. 369. A bill to be entitled an Act to amend the Constitution of Georgia, so as to authorize the trustees of the Jeffersonville Consolidated School District of Twiggs County to incur a bonded indebtedness, and for other purposes.
Referred to Committee on Amendments to Constitution No.2.
By Messrs. Key of Jasper, Allison of Gwinnett, Flanders of Emanuel, Mavity of Walker, Brown of Greene, Smith of Henry, and Hendrix of Cherokee-
House Bill No. 370. A bill to be entitled an Act to amend the Constitution of Georgia, so as to authorize counties to make temporary loans for financing county operations in lieu of in whole or in part of the issuance of County Warrants, and for other purposes.
Referred to Committee on Amendments to Constitution No. 1.
By Messrs. Preston and Almand of Walton-
House Bill No. 371. A bill to be entitled an Act to. provide for Tax Commissioners of the State of Georgia in all counties having a population of not less than 21,118 and not more than 21,150 to collect commissions on all property returned for taxes therein, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Adams of Franklin-
House Bill No. 372. A bill to be entitled an Act to change the amount of the bond of the Sheriff of Franklin County, from Five Thousand Dollars ($5,000.00) to Two Thousand Dollars ($2,000.00), and for other purposes.
Referred to Committee on Counties and County Matters.

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By Mr. Drake of Seminole-

House Bill No. 373. A bill to be entitled an Act to reduce the amount of the official bond of the Sheriff of Seminole County from $10,000.00 to $5,000.00, and for other purposes.

Referred to Committee on Counties and County Matters.

By Mr. Rawlins of Ben Hill-
House Bill No. 374. A bill to be entitled an Act to amend an Act creating the office of Commissioners of Roads and Revenues in and for the County of Ben Hill, and for other purposes.

Referred to Committee on Counties and County Matters.

By Messrs. Joel and Hill of Clarke-

House Bill No. 375. A bill to be entitled an Act to fix the amount of bond to be furnished by sheriffs for the faithful and correct performance of their duties of office in all counties of Georgia which contain a population of between 25,550 and 25,560, and for other purposes.

Referred to Committee on Counties and County Matters.

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 and resolution of the Senate and House, to-wit:

By Senator Allen of the 31st District-

Senate Bill No. 86. A bill authorizing the City of Toccoa to enact zoning laws, and for other purposes.

By Messrs. Fowler of Treutlen, Harris of Richmond, and others-

House Resolution No. 97. A resolution stating the losses of naval stores operators and urging Congress and the Federal Government to give them some financial assistance, and for other purposes.

MoNDAY, jANUARY 3, 1938.

711

Mr. Sartain of Walker County, Chairman of the Committee on Engrossing, submitted the following report:
Mr. Speaker:
Your Committee on Engrossing has examined, found properly engrossed, and ready for transmission to the Senate, the following bills and resolutions of the House, to-wit:
House Bills Nos. 358, 331, 342, 351, 350, 336, 311.
House Resolution No. 99.
Respectfully submitted,
SARTAIN of Walker, Chairman.
Mr. McGraw of Meriwether 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 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. 359. Do pass.
Respectfully submitted,
McGRAw of Meriwether, Chairman.
Mr. Almand of Walton County, Chairman of the Committee on Penitentiary, submitted the following report:
Mr. Speaker:
Your Committee on Penitentiary 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. 49. Do pass.
Respectfully submitted,
ALMAND of Walton, Chairman.

712

JouRNAL OF THE HousE,

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 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. 71-31la. Do pass.
Respectfully submitted,
MuNDY of Polk, Chairman.
By unanimous consent, the following bills and resolutions of the House and Senate, favorably reported, were read the second time:
By Senators Purdom of the 46th District and Lindsay of the 34th District-
Senate Bill No. 49. A bill to be entitled an Act to change the name of the Prison Commission to "The State Prison and Parole Commission, and for other purposes."
By Messrs. Hastings of Fulton, Sutton of Wilkes, Harrell of Brooks, and others-
House Resolution No. 71-311a. A resolution requesting the State Board of Regents to provide a course in criminology at the University of Georgia, and for other purposes.
By Mr. Welsch of Cobb-
House Bill No. 359. A bill to be entitled an Act to amend the Code of Georgia of 1933, by providing for the abolishment of death by electrocution and substituting therefor death by lethal gas, 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 Allen of the 31st Di.strict-
Senate Bill No. 86. A bill to be entitled an Act authorizing the City of Toccoa to enact zoning laws, and for other purposes.
Referred to Committee on Municipal Government.

MoNDAY, jANUARY 3, 1938.

713

By unanimous consent, the following resolutions of the House were read and adopted:
By Mr. Evans of McDuffie-
Hause Resolution No. 98. A resolution authorizing and directing the Clerk of the House to have new legislative manuals printed, and for other purposes.
By Messrs. Phillips and Palmour of Hall-
House Resolution No. 99.

A RESOLUTION
Whereas, the Han. Franklin D. Roosevelt, President of the United States, and President of the Georgia Warm Springs Foundation, did on September 23, 1937, create a national foundation to unify and direct the fight against infantile paralysis;
Whereas, the Birthday of the President, with his consent, has been set aside by the National Foundation as created for such celebrations as the people of the United States care to have, for the purpose of raising funds for the fight against infantile paralysis;
Whereas, it is the desire of these bodies to assist the President of the United States in his humanitarian program and particularly in the fight against infantile paralysis;
Therefore, be it resolved, by the House of Representatives and
Senate of the State of Georgia, that
(1) The President of the United States be commended upon the creation of the National Foundation for the fight against infantile paralysis.
(2) That the week preceding January 30 in each year be designated as "Button Week," during which time Buttons or Badges may be sold for raising funds for the fight against infantile paralysis.
(3) That the citizens of the State of Georgia be urged to join in the campaign to raise funds to stamp out infantile paralysis, both by voluntary contributions and by assisting

714

JouRNAL oF THE HousE,

in the celebration of the President's Birthday on January 30 in each year.

(4) That a copy of this resolution be furnished the Governor of this State and that he, by suitable proclamation, designate the week of January 23 as "Button Week."

(5) That the Governor of this State be and he is hereby re-

quested to issue a suitable proclamation declaring the

Birthday of Franklin D. Roosevelt, January 30, a State

Holiday, to be observed by all citizens of this State;

such holiday to be on January 29 of this year to coincide

with the President's Birthday celebrations set for that

date in view of the actual Birthday, January 30, falling

on Sunday.



(6) That a copy of this resolution be forwarded immediately by the Clerk of the House of Representatives to the Han. Franklin D. Roosevelt, President of the United States; the Hon. Keith Morgan, National Chairman, and Han. Edgar B. Dunlap, State Chairman of the Committee for the Celebration of the President's Birthday.

By unanimous consent, the resolution was ordered immediately transmitted to the Senate.

Mr. Evans of McDuffie asked unanimous consent that consideration of the report of the special committee investigating the passage of House Bill No. 14 be postponed until Monday, January 10, 1937, and the request was granted.

Under the order of unfinished business, the following bill of the Senate was again taken up for consideration:

By Senators Purdom of the 46th District and Jackson of the 14th District-

Senate Bill No. 31. A bill to be entitled an Act to amend the Code of Georgia of 1933, with reference to fees and commissions of tax receivers and tax collectors, and for other purposes.

By unanimous consent, further consideration of Senate Bill No. 31 was postponed until Wednesday, January 5, 1938, immediately after the expiration of the period of unanimous consents.

MoNDAY, jANUARY 3, 1938.

715

Under the order of business established by the Committee on Rules, the following resolution of the Senate was taken up for consideration and read the third time:
By Senator Chason of the 8th District-
Senate Resolution No. 11.
A RESOLUTION
Proposing to the qualified voters of the State of Georgia for ratification or rejection, an amendment to Article VII, Section VI, Paragraph II, of the Constitution of Georgia, permitting the General Assembly to delegate to any county the right ~o levy a tax for the purpose of furnishing medical or other care and hospitalization for the indigent sick people of the county, and for other purposes.
Be it resolved by the General Assembly of Georgia:
Section 1. That Article VII, Section VI, Paragraph II, of the Constitution of Georgia be and the same is hereby amended by adding to the first paragraph of Paragraph II, the following words; "to provide medical or other care and hospitalization for the indigent sick people of the county," so that said Article VII, Section VI, Paragraph II, of the Constitution as amended shall read as follows:
"Par. II. The General Assembly shall not have power to delegate to any county the right to levy a tax for any purpose, except for educational purposes; to build and repair the public buildings and bridges; to maintain and support prisoners; to pay jurors and coroners, and for litigation, quarantine, roads and expenses of courts; to support paupers and pay debts heretofore existing; to pay the county police and to provide for necessary sanitation, and for the collection and preservation of records of birth, death, disease, and health; to provide medical or other care and hospitalization for the indigent sick people of the county.
"Furthermore, in any county in this State, which has wholly or partly within its boundaries a city of not less than 200,000 population, the county authorities thereof are hereby authorized to levy a tax not exceeding one mill for educational purposes, on

716

JouRNAL oF THE HousE,

all the taxable property throughout the entire county, including territory embraced in independent school systems, the same to be appropriated to the use of the county board of education and to educational. work directed by them."
Sec. 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 VII, Section VI, Paragraph II, of the Constitution, permitting the General Assembly to delegate to any county the right to levy a tax for the purpose of providing medical or other care and hospitalization for the indigent sick people of the county"; and all persons voting against the ratification of the amendment shall have written or printed on their ballots," Against the amendment to Article VII, Section VI, Paragraph II, of the Constitution, permitting the General Assembly to delegate to any county the right to levy a tax for the purpose of providing medical or other care and hospitalization for the indigent sick people of the county." 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 VII, Section VI, Paragraph II, of the Constitution of Georgia.
The following amendment to Senate Resolution No. 11 was read and adopted:
Mr. Kendrick of Fulton moves to amend Senate Resolution No. 11 as follows: Strike from Line 22 of the said Act the following words, to-wit, "authorized" and the words "one mill," and substitute in lieu of the word "authorized" the following words, to-wit, "directed upon the request of the Board of Education of such County annually"; and substitute in lieu of the words" one mill," the words" one and one-half mills."
Mr. Simmons of Decatur moved the previous question, the call was sustained, and the main question was ordered.

MoNDAY, JANUARY 3, 1938.

717

The report of the committee, which was favorable to the adoption of the resolution, was agreed to, as amended.

On the adoption of the resolution, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams

Edwards

Allison

Ennis

Almand

Erwin

Ansley

Etheridge

Bargeron

Evans

Barlow

Field

Batchelor

Fitts

Beck

Flanders

Blease

Freeman

Bond

Gammage

Booth

Gavin

Bradley

Goff

Brewton

Grayson

Bridges

Gross

Brooks of Jackson

Grubbs

Brown of Greene

Hamby

Carmichael of Cobb

Hampton

Carmichael of Randolph Harden

Chappell

Harrell of Brooks

Clary

Harrell of Irwin

Claxton

Harris

Clements

Harrison

Cochran

Hart

Cogdell

Harvey

Coleman

Hastings

Corbett

Hayes

Coxon

Hendrix

Croker

Herrin

Dampier

Hill of Clarke

Daves

Hodges

Davis

Hollis

Deal

Holt

Dollar

Jackson

Douglass

Joel

Drake

Johnson

Drinkard

Jones of Bartow

Dugas

Jones of Elbert

Dukes

Jones of Jenkins

Dunn

Kendrick

Durden

Key

Kirbo Lanham Lanier Leonard Lewallen Lewis Mankin Marshall Martin Mavity McCracken McCravey McGehee McGraw McNall Middleton Milam Moore of Baldwin Moore of Haralson Moore of Lumpkin Moore of Taliaferro Morgan Morris Mundy Newby Oden Palmour PerrY Peters Phillips Preston of Walton Ragan Rawlins Rees Reid of Carroll Rountree Rowland Sabados Sanders Sapp

718

jOURNAL OF THE HousE,

Saunders Scruggs Simmons Smith of Henry Smith of Muscogee Striplin Swindle Tate

Taunton Todd Thomas Trapnell Trippe Vickery
Wall Walton

Ware Warnock Watkins Weaver Whitaker Williams of Jones Wilson Yeomans

Those voting in the negative were Messrs.:

Olark

Dean

Those not voting were Messrs.:

Barnard Barrett Bennett Brooks of Oglethorpe Brown of Peach Campbell Candler Cohen Culpepper of Fayette Culpepper of Mitchell Daughtry DeFoor Ellington Elliott Ferguson Fowler
Gary
Groover GuYton Hand

Herndon Hill of Screven Hogg Home Houston Houze Jones of Brantley Jones of Dodge Keel Larsen Manry
Miller Moss Musgrove Newton Parker Patten Peebles Pilcher Pirkle

Pound
Preston of Bulloch Reid of Wilcox Salter Sams Sartain Smith of Dodge Spence Sutton Tapp
Turner Wages Warnell Welsch Whaley Whipple
Williams of Bacon Zellner Mr. Speaker

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

On the adoption of the resolution, as amended, the ayes were 144, the nays 2.

The resolution having received the requisite two-thirds constitutional majority was adopted, as amended.

Under the order of business established by the Committee on Rules, the following bill of the Senate was taken up for consideration:

MoNDAY, JANUARY 3, 1938.

719

By Senators Purdom of the 46th District and Lindsay of the 34th District-
Senate Bill No. 52. A bill to be entitled an Act to create a State Board to be known as the State Board of Penal Administration, and for other purposes.
Mr. Bradley of Tattnall asked unanimous consent that Senate Bill No. 52 be printed, and the request was granted.
Under the order of business established by the Committee on Rules, the following bill of the House was taken up for consideration and read the third time:
By Mr. Gross of Stephens-
House Bill No. 242. A bill to be entitled an Act to authorize the State Highway Board of Georgia to use any funds available to them for the purpose of matching any federal funds which may be made available to them for building and constructing rural route roads, farm to market roads or secondary roads, and for other purposes.
The following committee substitute to House Bill No. 242 was read:
By the Committee:
A BILL
To be entitled an Act to authorize the State Highway Board of Georgia to use any funds available to them for the purpose of matching any Federal Funds which are now or may become available to them for building and constructing Rural Post Roads, Farm to Market Roads or Secondary Roads; and for the purpose of improving said roads; to provide a repealing clause and for other purposes.
Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same as follows:
That the State Highway Board of Georgia shall transfer a sufficient amount of any funds available to them, to the Rural Post Roads Division of Georgia fat the purpose of matching all

720

JouRNAL OF THE HousE,

available Federal Funds authorized by the Federal Government to be expended in Georgia in building and constructing Rural Post Roads, Farm to Market Roads and/or Secondary Roads. Provided, however, said State Highway Board, within its discretion, after providing for the State Aid System of Highways may from time to time transfer such other funds as may be available to them, to the Rural Post Roads Division of Georgia to be expended in accordance with existing laws.
Sec. 2. Be it enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith be and the same are hereby repealed.
Mr. Key of Jasper moved the previous question, the call was sustained, and the main question was ordered.
The following amendments to the committee substitute were read and adopted:
Mr. Harris of Richmond moves to amend the committee substitute to House Bill No. 242 by adding at the end of the first sentence in Section one and as a part of said sentence the followmg:
And for building and constructing rural post roads in Georgia, and said amount so transferred shall not be less than one million five hundred thousand dollars annually.
Messrs. Evans of McDuffie and Joel of Clarke amend the substitute by adding a new section to be appropriately numbered immediately before repealing clause, the other section to be re-numbered accordingly and to read as follows:
Section . . Be it further enacted that this Act shall not authorize the State Highway Department to disregard allocations of highway funds now fixed by law.
An amendment offered by Mr. Dunn of Pike and others was read and lost.
The committee substitute to House Bill No. 242, 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.

MoNDAY, JANUARY 3, 1938.

721

On the passage of the bill, by substitute, as amended, the ayes were 104, the nays 1.
The bill having received the requisite constitutional majority was passed, by substitute, as amended.
By unanimous consent, the House recessed for the duration of the President's message to the National Congress.
The Speaker called the House to order.
The following resolution of the House was read and adopted:
By Messrs. Joel oJ Clarke, Hill of Clarke, Jones of Elbert, Turner of DeKalb, Booth of Barrow, Field of Whitfield, Dunn of Pike, Adams of Franklin, Harrison of Crawford, Harvey of Upson, Rowland of Johnson, and Erwin of Lamar-
House Resolution No. 100. A resolution endorsing the principles advocated by President Roosevelt, and for other purposes.
Mr. Allison of Gwinnett 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. Ellington of Gilmer, Whipple of Bleckley, and Brown of Peach.
The Speaker announced the House adjourned until tomorrow morning at 9:00 o'clock.

722

JouRNAL oF THE HousE,

REPRESENTATIVE HALL, ATLANTA, GA.,
TuESDAY, JANUARY 4, 1938:
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.
By unanimous consent, the call of the roll was dispensed with.
Mr. Dampier of Laurens, Acting Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
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 bills and resolutions.
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. Trapnell of Candler-
House Bill No. 376. A bill to be entitled an Act to amend an Act entitled "An Act to reorganize and reconstitute the State Highway Department of Georgia," and for other purposes.
Referred to Committee on Public Highways No.2.

TuESDAY, JANUARY 4, 1938.

723

By Mr. Trapnell of Candler-
House Bill No. 377. A bill to be entitled an Act to fix the amount of the official bond of the Sheriff of Candler County, and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Key of Jasper-
House Bill No. 378. A bill to be entitled an Act to amend the Code of Georgia of 1933, so as to provide that said section shall not authorize the use of vending machines in the conduct of any business, and for other purposes.
Referred to Committee on Ways and Means.
By Messrs. Key of Jasper and Campbell of Newton-
House Bill No. 379. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding a certain road in Jasper and Newton Counties, and for other purposes.
Referred to Committee on Public Highways No.2.
By Mr. Adams of Franklin-
House Bill No. 380. A bill to be entitled an Act to amend an Act of 1929, by increasing the mileage of the State Aid System of Roads by adding additional mileage in Franklin County, and for other purposes.
Referred to Committee on Public Highways No. 2.
By Mr. Thomas of ChattoogaHouse Resolution No. 101-380a. A resolution authorizing
the State Librarian to furnish to the Judge of the City Court of Summerville, Chattooga County, Georgia Code of 1933, and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Harrell and Blease of Brooks, Dollar of Grady, Coleman and Hou~e of Lowndes, Edwards and Cochran of Thomas-
House Bill No. 381. A bill to be entitled an Act to declare the

724

JouRNAL OF THE HousE,

necessity of establishing and enacting laws to govern and regulate the marketing of flue cured bright leaf tobacco in Georgia, and for other purposes.
Referred to Committee on State of Republic.
By Mr. Blease of BrooksHouse Resolution No. 103-381a. A ~esolution providing for a
tax of 25 cents per head per annum for goats and sheep; 50 cents per head per annum for hogs; $1.00 per head per annum for cows; and $1.50 per head per annum for horses, mules, jennets, jacks, etc., that drink or wallow in the running water in the State of Georgia; and for other purposes.
Referred to Committee on Game and Fish.
By Mr. Musgrove of Clinch-
House Bill No. 382. A bill to be entitled an Act to amend the Constitution of Georgia, so as to authorize the City of Homerville, Clinch County, to refund a bonded indebtedness, and for other purposes.
Referred to Committee on Amendments to Constitution No.2.
By Messrs. Durden and Sabados of Dougherty-
House Bill No. 383. A bill to be entitled an Act to require the appointment of Federal Savings and Loan Insurance Corporation as receiver of building and loan associations chartered under the laws of Georgia, and for other purposes.
Referred to Committee on State of Republic.
By Mr. Lewallen of Banks-
House Bill No. 384. A bill to be entitled an Act to amend an Act of 1929, entitled "Highway Mileage," by adding additional mileage in Franklin and Banks Counties, and for other purposes.
Referred to Committee on Public Highways No.2.
By Mrs. Mankin, Messrs. Hastings and Kendrick of Fulton-
House Bill No. 385. A bill to be entitled an Act to provide for

TUESDAY, JANUARY 4, 1938.

725

the examination of Master Electricians carrying on said vocation in counties having a population of 150,000 inhabitants or more, and for other purposes.
Referred to Committee on Counties and County Matters. By Mr. Sapp of Coffee-
House Bill No. 386. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding a certain road in Coffee County, and for other purposes.
Referred to Committee on Public Highways No. 2.
Mr. Brown of Greene 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 Senate and have instructed me, as Chairman, to report the same back to the House with the following recommendations:
House Bill No. 366. Do pass.
House Bill No. 371. Do pass.
House Bill No. 372. Do pass.
House Bill No. 373. Do pass.
House Bill No. 374. Do pass.
Senate Bill No. 60. Do pass.
Respectfully submitted,
BRowN of Greene, Chairman.
Mr. Sartain of Walker County, Chairman of the Committee on Engrossing, submitted the following report:
Mr. Speaker:
Your Committee on Engrossing has examined, found properly

726

JouRNAL or THE HousE,

engrossed and ready for transmission to the Senate, the following bill of the House, to-wit:
House Bill No. 242.
Respectfully submitted,
SARTAIN of Walker, Chairman.
Mr. McCracken of Jefferson 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 recommendation:
House Bills Nos. 357, 344, 367, 368 and 364. Do pass.
Respectfully submitted,
McCRACKEN of Jefferson, Chairman.
Mr. Sams of DeKalb County, Vice-Chairman of the Committee on Amendments to the Constitution No.2, submitted the following report:
Mr. Speaker:
Your Committee on Amendments to the Constitution No. 2 have had under consideration the following bill of the House and have instructed me, as Vice-Chairman, to report the same back to the House with the following recommendation:
House Bill No. 369. Do pass.
Respectfully submitted,
SAMS of DeKalb, Vice-Chairman.
By unanimous consent, the following bills of the House and Senate, favorably reported, were read the second time:
By Senator Atkinson of the 1st DistrictSenate Bill No. 60. A bill to be entitled an Act to grant to the

TUESDAY, JANUARY 4, 1938.

727

United States of America certain ungranted and reverted lands in Chatham County, Georgia, and for other purposes.
By Messrs. Joel and Hill of Clarke-
House Bill No. 344. A bill to be entitled an Act to amend the charter of the City of Athens, so as to authorize the Mayor and Council to enact zoning laws, and for other purposes.
By Mr. Adams of Franklin-
House Bill No. 357. A bill to be entitled an Act to authorize the City of Royston to enact zoning ordinances, and for other purposes.
By Mr. Booth of Barrow-
House Bill No. 364. A bill to be entitled an Act to amend an Act creating a new charter for the City of Winder, Georgia, and for other purposes.
By Messrs. Davis, Lanham, and Keel of Floyd-
House Bill No. 366. A bill to be entitled an Act to authorize boards of education in all counties in Georgia having a population of not less than 48,667 and not more than 48,677, as determined by United States Census of 1930, to insure the lives and health of all teachers and other employees of such boards, and for other purposes.
By Messrs. Simmons and Kirbo of Decatur-
House Bill No. 367. A bill to be entitled an Act to amend an Act creating a new charter for the City of Bainbridge, and for other purposes.
By Messrs. Edwards and Cochran of Thomas-
House Bill No. 368. A bill to be entitled an Act to amend an Act creating a new charter for the Town of Meigs, and for other purposes.
By Mr. Newby of Twiggs-
Hause Bill No. 369. A bill to be entitled an Act to amend the Constitution of Georgia, so as to authorize trustees of the Jeffer-

728

JouRNAL oF THE HousE,

sonville Consolidated School District of Twiggs County to incur additional bonded indebtedness, and for other purposes.
By Messrs. Preston and Almand of Walton-
House Bill No. 371. A bill to be entitled an Act to permit tax commissioners in certain counties to collect commissions on property returned for taxes, and for other purposes.
By Mr. Adams of Franklin-
House Bill No. 372. A bill to be entitled an Act to change the amount of bond of the Sheriff of Franklin County, Georgia, from Five Thousand Dollars ($5,000.00) to Two Thousand Dollars ($2,000.00), and for other purposes.
By Mr. Drake of Seminole-
House Bill No. 373. A bill to be entitled an Act to reduce the bond of the Sheriff of Seminole County, Georgia, from $10,000.00 to $5,000.00, and for other purposes.
By Mr. Rawlins of Ben Hill-
House Bill No. 374. A bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues for Ben Hill County, Georgia, and for other purposes.
The following resolution was read and ordered to lie on the table one day:
By Messrs. Lewis and Bargeron of Burke-
House Resolution No. 102. A resolution requesting information from the State Department of Public Welfare in regard to aid to dependent children, and for other purposes.
The following resolution of the House was read:
By Messrs. Evans of McDuffie, Drinkard of Lincoln, Dugas of White, and Joel of Clarke-
House Resolution No. 104.
A JOINT RESOLUTION Whereas, the General Assembly of Georgia has recently enacted the homestead exemption law and the three hundred

TUESDAY, JANUARY 4, 1938.

729

dollars personalty exemption law, both of which are now in effect,
And whereas it is estimated that the total loss of revenue thru ad valorem taxation to the county governments of this state, thru said exemption, will range from 20% to 50%,
And whereas it is impossible for said county governments to operate without additional revenue from some other source,
And whereas the General Assembly is in favor of the continuation of our county governments, which preserves to the people of Georgia home rule,
And whereas it is the desire of the General Assembly now in session to end the present session as soon as is practicable, but which can not be done until adequate provision for county government is made,
Therefore, be it resolved by the House of Representatives, the Senate concurring, that His Excellency, Hon. E. D. Rivers, be invited to address a joint session of both House and Senate, in the Hall of the House of Representatives, on Thursday, January 6th, at 11:00 o'clock A. M., for the purpose of giving the General Assembly the benefit of his views and wishes in the matter of raising additional revenue, or allocating revenue to the county governments.
Mr. Sabados of Dougherty moved to table the resolution.
On the motion to table, the ayes were 92, the nays 15.
The resolution was tabled.
Mr. Evans of McDuffie arose to a question of personal privilege and addressed the House.
Mr. Jones of Brantley arose to a question of personal privilege and addressed the House.
Mr. Harvey of Upson arose to a question of personal privilege and addressed the House.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:

730

JouRNAL OF THE HousE,

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills and resolutions of the Senate and House, to-wit:
By Senators Pope of the 7th District, Atkinson of the 1st District, Allen of the 31st District, and Almand of the 50th District-
Senate Bill No. 28. A bill to be entitled an Act authorizing the chartering and empowering of corporations, and amending, revising and perfecting the present corporation laws of the State of Georgia, and for other purposes.
By Senator Millican of the 52nd District-
Senate Bill No. 76. A bill to amend an Act approved March 18th, 1937 (Georgia Laws 1937, P. 167) entitled "Motor Fuel Tax Law," and for other purposes.
By Senator Burgin of the 24th District-
Senate Resolution No. 40. A resolution requesting the House to give immediate consideration to Senate Bill No. 73.
By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton-
House Resolution No. 92. A resolution urging a Christmas Display each year in honor of Hon. D. F. McClatchey.
Under the order of business established by the Committee on Rules, the following bills of the House were taken up for consideration and read the third time:
By Messrs. Whipple of Bleckley, Key of Jasper, Lanham of Floyd, Ferguson of Sumter, and Davis of Floyd-
House Bill No. 229. A bill to be entitled an Act to amend the Malt Beverage Act of 1935, and Acts amendatory thereof, by providing that all revenue derived from the operation of said Act in excess of that required to purchase free textbooks shall be used for other school purposes, and for other purposes.
The House was resolved into the Committee of the Whole House to consider House Bill No. 22'9, and the Speaker designated Mr. Welsch of Cobb as the Chairman thereof.

TUESDAY, jANUARY 4, 1938.

731

The Committee of the Whole House arose and through its Chairman reported the bill back to the House with the recommendation that the same do pass.

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

On the passage of the bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Almand Ansley Bargeron Barlow Barnard Barrett Batchelor Beck Blease Bond Booth Bradley Brewton Bridges Brooks of Jackson Brown of Greene Carmichael of Cobb Clark Clary
Claxton Clements Cochran Cogdell Cohen Coleman Corbett Coxon Croker Culpepper of Fayette Dampier Daves Deal DeFoor Douglass Drake

Drinkard Dukes Durden Edwards Etheridge Evans Ferguson
Fitts Flanders Fowler Freeman Gammage Goff Grayson Gross Grubbs Hamby Harden Harrell of Irwin Harrison Harvey Hastings Hayes Herrin Hill of Clarke Hodges Hogg Hollis Holt Houston Houze Joel Johnson Jones of Bartow Jones of Brantley Jones of Dodge

Jones of Jenkins Kendrick Key
Kirbo Lanham Lanier Lewallen Lewis Mankin Manry
Marshall Mavity McCracken McCravey McNall
Milam Moore of Haralson Moore of Lumpkin Moore of Taliaferro Morgan Morris Moss Mundy Newby Newton Oden Palmour Peters Ph1111ps Preston of Bulloch Preston of Walton
Ragan
Rawlins Rees Reid of Carroll Reid of Wilcox

732

JoURNAL OF THE HousE,

Rountree Rowland Sabados Salter Sanders Saunders Scruggs Simmons Striplin

Swindle Todd Thomas Trapnell VickerY Walton Ware Warnell Warnock

Weaver Welsch Whaley Whitaker Williams of Jones Wilson Yeomans Zellner

Those not voting were Messrs.:

Allison

Hampton

Bennett

Hand

Brooks of Oglethorpe Harrell of Brooks

Brown of Peach

Harris

Campbell

Hart

Candler

Hendrix

Carmichael of Randolph Herndon

Chappell

Hill of Screven

Culpepper of Mitchell Horne

Daughtry

Jackson

Davis

Jones of Elbert

Dean

Keel

Dollar

Larsen

Dugas

Leonard

Dunn

Martin

Ellington

McGehee

Elliott

McGraw

Ennis

Middleton

Erwin

Miller

Field

Moore of Baldwin

Gary

Musgrove

Gavin

Parker

Groover

Patten

GUYton

Peebles

Perry Pilcher Pirkle Pound Sams Sapp Sartain Smith of Dodge Smith of Henry Smith of Muscogee Spence Sutton Tapp
Tate Taunton Trippe
Turner Wall Wages Watkins Whipple Williams of Bacon Mr. Speaker

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

On the passage of the bill, the ayes were 134, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Parker of Colquitt, Preston of Bulloch, Lanier of Richmond, and others-

TUESDAY, JANUARY 4, 1938.

733

House Bill No. 27. A bill to be entitled an Act to create the office of Tax Commissioner of Georgia, and for other purposes.
The House was resolved into the Committee of the Whole House to consider House Bill No. 27, and the Speaker designated Mr. Jones of Bartow as the Chairman thereof.
The Committee of the Whole House arose, and through its Chairman, reported progress and asked leave to sit again.
Mr. Coleman of Lowndes moved that the House recess for one hour, and the motion prevailed.
2:15 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. Parker of Colquitt, Preston of Bulloch, Lanier of Richmond, and others-
House Bill No. 27. A bill to be entitled an Act to create the office of Tax Commissioner of Georgia, and for other purposes.
The House was again resolved into the Committee of the Whole House to consider the bill, with Mr. Jones of Bartow in the Chair.
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 o'clock tomorrow morning.
Mr. Watkins of Butts moved that the House do now adjourn, and the motion was lost.
Mr. Joel of Clarke moved that the House do now adjourn until 9 :30 o'clock tomorrow morning, and the motion prevailed.
Leaves of absence were granted to Messrs. Horne of Bibb and Culpepper of Mitchell.
The Speaker announced the House adjourned until tomorrow morning at 9:30 o'clock, and House Bill No. 27 went over until that time under the order of unfinished business.

734

JouRNAL oF THE HousE,

REPRESENTATIVE HALL, ATLANTA, GA.,
WEDNESDAY, JANUARY 5, 1938.
The House met, pursuant to adjournment, this day at 9:30 o'clock A.M., was called to order by the Speaker and opened with prayer by the Chaplain.
By unanimous consent, the call of the roll was dispensed with.
Mr. Dampier of Laurens, Acting Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
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 bills and resolutions.
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. Hodges of LibertyHouse Bill No. 387. A bill to be entitled an Act to abolish the
office of Tax Collector of Liberty County, to create in lieu thereof the office of Tax Commissioner, and for other purposes.
Referred to Committee on Counties and County Matters.

WEDNESDAY, jANUARY 5, 1938.

735

By Mr. Simmons of Decatur-
House Bill No. 388. A bill to be entitled an Act to provide revenue for the support of public education in Georgia by imposing a tax of one cent on the dollar of gross receipts of income, and for other purposes.
Referred to Committee on Ways and Means.
By Mr. Marshall of Macon-
House Bill No. 389. A bill to be entitled an Act to fix the fee to be paid for marriage licenses at one dollar, and for other purposes.
Referred to Committee on State of Republic.
By Mr. Dugas of White-
House Bill No. 390. A bill to be entitled an Act to levy a tax upon electrical current, natural or artificial gas, and long distance telephone calls, and for other purposes.
Referred to Committee on Ways and Means.
By Mr. Musgrove of Clinch-
House Bill No. 391. A bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues in and for the County of Clinch, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Herrin of Echols-
Hause Bill No. 392. A bill to be entitled an Act to reduce the bond of the Sheriff of Echols County from $10,000.00 to $5,000.00, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Drinkard of Lincoln-
House Bill No. 393. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding a certain road in Lincoln County, and for other purposes.
Referred to Committee on Public Highways No.2.

736

JouRNAL OF THE HousE,

By Messrs. Drinkard of Lincoln and Clary of Columbia-
House Bill No. 394. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding a certain road in Lincoln and Columbia Counties, and for other purposes.
Referred to Committee on Public Highways No.2.
By Mr. Adams of Franklin-
House Bill No. 395. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by increasing the mileage of the State Aid System of Roads by adding additional mileage in Franklin County, and for other purposes.
Referred to Committee on Public Highways No. 2.
By Mr. Fowler of Treutlen-
House Bill No. 396. A bill to be entitled an Act to appropriate the sum of $20,000 for the year 1938 to the Division of the Department of Natural Resources for the purpose of developing the paper-pulp industry in this State, and for other purposes.
Referred to Committee on Special Appropriations.
By Mr. Whipple of Bleckley-
House Bill No. 397. A bill to be entitled an Act to amend an Act to create a new charter for the City of Cochran, in the County of Bleckley, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Horne of BibbHouse Bill No. 398. A bill to be entitled an Act to repeal a
certain section of the Code of Georgia of 1933, in reference to the fees to which the Ordinaries of this State are entitled, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Mr. Thomas of ChattoogaHouse Bill No. 399. A bill to be entitled an Act to amend
Title 68 ("Motor Vehicles"), Chapter 68-6 ("Motor Common Carriers") of the Code of Georgia of 1933, which requires the

WEDNESDAY, jANUARY 5, 1938.

737

Georgia Public Service Commission to adopt rules prescribing the manner and form in which motor common carriers shall apply for certificates, and for other purposes.
Referred to Committee on Motor Vehicles.
By Mr. Daughtry of Wilkinson-
House Bill No. 400. A bill to be entitled an Act to abolish an Act creating the County Court for the County of Wilkinson, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Jones of Elbert-
House Resolution No. 105-400a. A resolution proposing an amendment to the Constitution of the State of Georgia, relative to the per diem of the President of the Senate, the Speaker of the House, and members of the General Assembly, and for other purposes.
Referred to Committee on Amendments to Constitution No. 1.
By Mr. Jones of Elbert-
House Resolution No. 106-400b. A resolution proposing an amendment to the Constitution of the State of Georgia, so as to provide for annual meetings of the General Assembly, and for other purposes.
Referred to Committee on Amendments to Constitution No. 1.
By Messrs. Gross of Stephens, Freeman of Bibb, Candler, Sams, and Turner of DeKalb-
House Bill No. 401. A bill to be entitled an Act to amend the Civil Code of Georgia of 1933, which provides for the payment of pension fees to Ordinaries, by providing that such fee shall be the property of the Ordinary and not the property of the county, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Mr. Campbell of Newton-
House Bill No. 402. A bill to be entitled an Act to amend an

738

JouRNAL OF THE HousE,

Act known as the Motor Fuel Tax Act, Georgia Laws 1937, by providing that no motor fuel tax shall be imposed upon any motor distillate sold to, or consumed by the State Highway Department, and for other purposes.
Referred to Committee on Public Highways No. 1.
By Messrs. Ennis and Moore of Baldwin-
House Bill No. 403. A bill to be entitled an Act to amend an Act known as the 1935 General Tax Act of Georgia, by adding to Section 2, Paragraph 42, a provision in reference to a tax of $25.00 on county or municipal fairs or fairs conducted by associations or organizations designed solely to advance and promote farming and live stock, and for other purposes.
Referred to Committee on State of Republic.
By Messrs. Weaver, Horne, and Freeman of Bibb-
House Bill No. 404. A bill to be entitled an Act to require the tax receiver in all counties in this State having a population of not less than 75,000 and not more than 100,000, to list the names of the taxpayers in continuous alphabetical order, and for other purposes.
Referred to Committee on Counties and County Matters.
Mr. Sams ofDeKalb County, Vice-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 bills of the House and Senate and have instructed me, as Vice-Chairman, to report the same back to the House with the following recommendations:
Senate Bill No. 72. Do pass.
Senate Bill No. 75. Do pass.
Senate Bill No. 80. Do pass.
House Bill No. 382. Do pass.
Respectfully submitted,
SAMS of DeKalb, Vice-Chairman.

WEDNESDAY, jANUARY 5, 1938.

739

Mr. Brown of Greene 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 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. 375. Do pass. House Resolution No. 101-380a. Do pass.
Respectfully submitted, BROWN of Greene, Chairman.
Mr. Sartain of Walker County, Chairman of the Committee on Engrossing, submitted the following report: Mr. Speaker:
Your Committee on Engrossing has examined, found properly engrossed, and ready for transmission to the Senate, the following bill of the House, to-wit:
House Bill No. 229.
Respectfully submitted,
SARTAIN of Walker, Chairman.
Mr. Groover of Troup County, Chairman of the Committee on Enrolling, submitted the following report:
Mr. Speaker:
Your Committee on Enrolling has examined, found properly enrolled, and ready for transmission to the Governor, the following resolution of the House, to-wit:
House Resolution No. 92.
Respectfully submitted,
GROOVER of Troup, Chairman.

740

JOURNAL OF THE HousE,

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. 121. Do pass.
Respectfully submitted,
RAWLlNS of Ben Hill, Chairman.
Mr. Bargeron of Burke County, Chairman of 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 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. 356. Do pass, by substitute. Respectfully submitted, BARGERON of Burke, Chairman.
Mr. Palmour of Hancock 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 resolution 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. 384.
House Bill No. 380.
House Bill No. 379.
House Bill No. 362.

WEDNESDAY, jANUARY 5, 1938.

741

Senate Bill No. 56.
Senate Bill No. 57.
Senate Bill No. 70.
House Bill No. 386.
House Bill No. 376.
House Resolution No. 94-366b.
Respectfully submitted, PALMOUR of Hancock, Chairman.
Mr. Trapnell of Candler County, Chairman of the Committee on Specjal 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. 248. Do pass. House Bill No. 250. Do pass. House Bill No. 377. Do pass.
Respectfully submitted, TRAPNELL of Candler, Chairman.
By unanimous consent, the following bills and resolutions of the House and Senate, favorably reported, were read the second time:
By Senator Peebles of the 18th DistrictSenate Bill No. 56. A bill to be entitled an Act to amend the
Highway Mileage Act by adding a certain road to the State Aid System, and for other purposes.
By Senator Peebles of the 18th DistrictSenate Bill No. 57. A bill to be entitled an Act to amend the
Highway Mileage Act by adding a certain road to the System of State Aid Roads, and for other purposes.

742

JouRNAL OF THE HousE,

By Senator Williams of the 5th District-
Senate Bill No. 70. A bill to be entitled an Act to amend the Highway Mileage Act by adding a certain road to the System of State Aid Roads, and for other purposes.
By Senator Williams of the 5th District-
Senate Bill No. 72. A bill to be entitled an Act to amend the Constitution so as to authorize trustees of certain schools in Ware County to incur a bonded indebtedness, and for other purposes.
By Senator Williams of the 5th District-
Senate Bill No. 75. A bill to be entitled an Act to amend the Constitution so as to authorize the Town of Willacoochee to incur a bonded indebtedness, and for other purposes.
By Senator Holmes of the 22nd District-
Senate Bill No. 80. A bill to be entitled an Act amending the Constitut1on, authorizing the City of Macon to make temporary loans, and for other purposes.
By Messrs. Phillips and Palmour of Hall, Booth of Barrow, Brooks of Jackson, and others-
House Resolution No. 94-366b. A resolution designating a certain road to be named in honor of Colonel Sam Tate, and for other purposes.
By Mr. Thomas of Chattooga-
House Resolution No. 101-380a. A resolution to provide for the furnishing of the Georgia Code of Laws of 1933 for Chattooga County, and for other purposes.
By Messrs. DeFoor of Mcintosh, Hodges of Liberty, and Cohen of Chatham-
House Bill No. 121. A bill to be entitled an Act amending an Act so as to provide a tax on crab meat, and for other purposes.
By Mr. Welsch of Cobb-
House Bill No. 248. A bill to be entitled an Act to amend

WEDNESDAY, jANUARY 5, 1938.

743

Section 53-202 of the 1933 Code of Georgia, providing for the method of an application for marriage license, etc., and for other purposes.
By Messrs. Hamby of Rabun, Booth of Barrow, and Gross of Stephens-
House Bill No. 250. A bill to be entitled an Act to amend Sections 3Q-102 and 3Q-107 of the Georgia Code of 1933, changing the time required for desertion, and for other purposes.
By Messrs. Perry and Houston of Worth, Sabados of Dougherty, Preston of Walton, and Cochran of Thomas-
House Bill No. 356. A bill to be entitled an Act to amend Paragraph 56 of the General Tax Act of 1935, imposing a tax of $15.00 on traveling horse traders by increasing said tax to $250.00, and for other purposes.
By Mr. Adams of Franklin-
House Bill No. 362. A bill to be entitled an Act to amend the Highway Mileage Act by adding certain roads to the State Aid System, and for other purposes.
By Messrs. Joel and Hill of Clarke-
House Bill No. 375. A bill to be entitled an Act to fix the amount of bond to be furnished by the sheriffs of certain counties in Georgia, and for other purposes.
By Mr. Trapnell of Candler-
House Bill No. 376. A bill to be entitled an Act to amend the Highway Department Act so as to reorganize and reconstitute the State Highway Department of Georgia, and for other purposes.
By Mr. Trapnell of Candler-
House Bill No. 377. A bill to be entitled an Act to fix the amount of bond of the Sheriff of Candler County, Georgia, and for other purposes.
By Messrs. Key of Jasper and Campbell of NewtonHouse Bill No. 379. A bill to be entitled an Act to amend the

744

JouRNAL OF THE HousE,

Highway Mileage Act by adding a certain road to the System of State Aid Roads, and for other purposes.
By Mr. Adams of Franklin-
House Bill No. 380. A bill to be entitled an Act to amend an Act entitled "Highway Mileage Act," by adding a certain road to the System of State Aid Roads, and for other purposes.
Bv Mr. Musgrove of Clinch-
House Bill No. 382. A bill to be entitled an Act to amend the Constitution of Georgia, so as to authorize the City of Homerville, Georgia, to incur additional indebtedness, and for other purposes.
By Mr. Lewallen of Banks-
House Bill No. 384. A bill to be entitled an Act to amend an Act entitled" Highway Mileage Act," by adding a certain road to the System of State Aid Roads, and for other purposes.
By Mr. Sapp of Coffee-
House Bill No. 386. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding a certain road in Coffee County, and for other purposes.
By unanimous consent, the following bills of the House were read the third time and placed upon their passage:
By Messrs. Joel and Hill of ClarkeHouse Bill No. 344. A bill to be entitled an Act to amend the
charter of the City of Athens, so as to authorize the mayor and council of said city to enact zoning laws, 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 103, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Adams of FranklinHouse Bill No. 357. A bill to be entitled an Act to authorize

WEDNESDAY, JANUARY 5, 1938.

745

the City of Royston to enact zoning ordinances, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Booth of Barrow-
House Bill No. 364. A bill to be entitled an Act to amend an Act creating the charter for the City of Winder, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Simmons and Kirbo of Decatur-
House Bill No. 367. A bill to be entitled an Act to amend an Act to create a new charter for the City of Bainbridge, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, the nays 0. The bill having received the requisite constitutional majority was passed.
By Messrs. Edwards and Cochran of ThomasHouse Bill No. 368. A bill to be entitled an Act to amend an
Act creating a new charter for the Town of Meigs, 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, the nays 0.

746

JouRNAL oF THE HousE,

The bill having received the requisite constitutional majority was passed.
By Mr. Adams of Franklin-
House Bill No. 372. A bill to be entitled an Act to change the amount of the bond of the Sheriff of Franklin County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Drake of Seminole-
House Bill No. 373. A bill to be entitled an Act to reduce the amount of the bond of the Sheriff of Seminole County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Rawlins of Ben Hill-
House Bill No. 374. A bill to be entitled an Act to amend an Act creating the office of Commissioners of Roads and Revenues for Ben Hill County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, the nays 0.
The bill having received the requisite constitutional majority was passed.
By unanimous consent, the bill was ordered immediately transmitted to the Senate.

WEDNESDAY, jANUARY 5, 1938.

747

By unanimous consent, the following bills of the Senate were read the first time and referred to the committees:
By Senators Pope of the 7th District, Atkinson of the 1st District, Allen of the 31st District, and Almand of the 50th District-
Senate Bill No. 28. A bill to be entitled an Act to amend, revise, and perfect the present corporation laws of the State of Georgia, .and for other purposes.
Referred to Committee on State of Republic.
By Senator Millican of the 52nd DistrictSenate Bill No. 76. A bill to be entitled an Act to amend
an Act entitled "Motor Fuel Tax Law," and for other purposes.
Referred to Committee ori Public Highway No. 1.
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 resolution of the House, to-wit:
By Messrs. Harris and Lanier of RichmondHouse Bill No. 107. A bill amending the Act providing
for the appointment of an Assistant Solicitor-General in lieu of a Special Criminal Bailiff in Richmond County, and for other purposes.
By Mr. Dugas of WhiteHouse Bill No. 195. A bill requiring the plaintiff in all divorce
cases to pay certain fees to the Clerk of Court and Sheriff of White County, and for other purposes.
By Mr. Reid of WilcoxHouse Bill No. 215. A bill providing for three terms of
court for Wilcox County, and for other purposes.
By Mr. Rawlins of Ben HillHouse Bill No. 256. A bill amending the Act with reference

748

JouRNAL OF THE HousE,

to the election of the members of the County Board of Education, and for other purposes.
By Mr. Warnell of Bryan-
House Bill No. 329. A bill repealing the Act that provides for additional terms of the Superior Court of Bryan County, and for other purposes.
By Mr. Warnell of Bryan-
House Bill No. 330. A bill creating the City Court"of Pembroke in Bryan County, and for other purposes.
By Messrs. Phillips and Palmour of Hall-
House Resolution No. 99. A resolution commending President Franklin D. Roosevelt upon creation of the National Foundation for the fight against Infantile Paralysis and declaring January 29th of this year a State holiday in honor of his birthday.
The Senate has disagreed to the House amendment to the following resolution of the Senate, to-wit:
By Senator Chason of the 8th District-
Senate Resolution No. 11. A resolution proposmg to the qualified voters of the State of Georgia for ratification or rejection, an amendment to Article VIII, Section VI, Paragraph II, of the Constitution of Georgia, permitting the General Assembly to delegate to any county the right to levy a tax for the purpose of furnishing medical or other care and hospitalization for the indigent sick people of the county, and for other purposes.
Mr. Houze of Lowndes arose to a question of personal privilege and addressed the House.
Mr. Joel of Clarke moved to take the following resolution of the House from the table:
By Mr. Evans of McDuffie and others-
House Resolution No. 104. A resolution providing for a joint session of the House and Senate for the purpose of hearing a message from the Governor.
The motion to take from the table was lost.

WEDNESDAY, JANUARY 5, 1938.

749

Under the order of unfinished business, the following bill of the House was again taken up for consideration:
By Messrs. Parker of Colquitt, Preston of Bulloch, Lanier of Richmond, Mundy of Polk, Sutton of Wilkes, and Key of Jasper-
House Bill No. 27. A bill to be entitled an Act to create the office of State Tax Commissioner of Georgia, and for other purposes.
The House was resolved into the Committee of the Whole House to consider House Bill No. 27, and the Speaker designated Mr. Jones of Bartow as the Chairman thereof.
The Committee of the Whole House arose, reported progress, and asked leave to sit again.
The following resolution of the House was read and adopted:
By Messrs. Dampier of Laurens, Lanier of Richmond, Sutton . of Wilkes, and others-
House Resolution No. 107. A resolution extending the sympathy of the House to the family of Hon. W. W. Larsen Sr., deceased, and for other purposes.
The House was again resolved into the Committee of the Whole House to consider House Bill No. 27, with Mr. Jones of Bartow in the Chair.
The Committee of the Whole House arose, reported progress, and asked leave to sit again.
Mr. Sutton of Wilkes moved that when the House was again resolved into the Committee of the Whole, that the committee be instructed to begin voting on the bill immediately, and the motion prevailed.
The House was again resolved into the Committee of the Whole House, with instructions to begin voting immediately on House Bill No. 27, and the Speaker designated Mr. Jones of Bartow as the Chairman thereof.
The Committee of the Whole House arose, and through its Chairman, reported House Bill No. 27 back to the House with

750

JOURNAL OF THE HousE,

the recommendation that the same do pass, by substitute, as amended.
Mr. Sutton of Wilkes moved the previous question, the motion prevailed, and the main question was ordered.
The following substitute to House Bill No. 27 was offered from the floor:
Messrs. Pilcher of Warren and Weaver of Bibb offer the following substitute to House Bill No. 27.
A BILL
To be entitled: An Act to make comprehensive prov1s1on for an integrated tax administration for Georgia; to create the Department of Taxation; to confer upon the Comptroller General all the powers and duties formerly vested in the State Revenue Commission; to abolish the State Revenue Commission; to provide for the organization and operation of the department; to make appropriation for the department; to enforce tax liability to other states; to repeal Code Sections 92-4507-9; to provide for the administration of and the enforcement of the tax laws; to make taxes a personal debt; and for other purposes.
CHAPTER I-DEFINITIONS
Sec. 1. Definitions. The following terms shall be construed for purposes of this Act as having the meaning hereinafter set out;
The word "department" as used herein shall mean the Department of Taxation, headed by the Comptroller General, which is created by the terms of this Act.
The word "taxpayer" shall mean any person made liable by law to file a return or pay tax.
The word "assessor" shall mean the County Tax Receiver or County Tax Commissioner. In respect of appeals from action of the Comptroller General, the term shall also be deemed to include the County Board of Tax Assessors.
The word "collector" shall mean the County Tax Collector unless another meaning is clearly implied by the context.

WEDNESDAY, jANUARY 5, 1938.

751

The word "person" means an individual, a fiduciary, a partnership, an association or a corporation, including any public official or a public or municipal corporation.
The word "individual" means a natural person.
The word "fiduciary" means a guardian, trustee, executor, administrator, receiver, conservator, or any person, whether individual or corporate, acting in any fiduciary capacity for any other person.
The word "agency" shall mean any department, commission, institution, office, or officer of the State of Georgia.

CHAPTER II-DEPARTMENT OF TAXATION,
STATE TAx CoMMISSION
Sec. 2. Creation of Department and Office. The Department of Taxation is hereby created. The Comptroller General is hereby made head of the Department of Taxation.
Sec. 3. Powers and Duties, in General. The Comptroller General is hereby vested with all the power and authority and hereby required to perform all the duties formerly vested in the State Revenue Commission. He is also vested with all the power and authority and required to perform all the duties relating to taxation and licenses heretofore vested in any state administrative officer.
Sec. 4. Enumeration of Duties. In addition to other duties assigned by law to the Comptroller General, but without limitation of the same, it is hereby specifically provided that he shall: (a) direct that appropriate legal action be taken to enforce the revenue laws of Georgia; (b) require the Attorney General to command the services of solicitors general or to supply legal assistance from the Department of Law; (c) supervise all tax administration throughout the State; (d) make thorough study of taxation in Georgia and elsewhere with a view to improvement of administration and legislation affecting the people of Georgia; (e) make an annual report to the Governor; (f) publish such regulations, statistics, and other reports as he may deem wise within the limitations of his appropriation; (g) assist local tax

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officials in every feasible manner; (h) decide all questions respecting the construction of tax laws and the application thereof to various classes of taxpayers and of property with the advice and assistance of the Attorney General; and (i), as responsible revenue official of the State, advise the Governor on all matters relating to revenue.
Sec. 5. Power to administer Oath, Examine Evidence. In the performance of his duties the Comptroller General or any agent designated by him in writing shall have the power to administer oaths, to conduct hearings, to examine witnesses under oath, and to examine the hooks, records, inventories or business of any taxpayer or of any fiduciary, bailee, or other person having knowledge of the tax liability of any taxpayer. The Comptroller General, incident to the duties in relation to local tax officials, shall investigate settlements by collectors and take appropriate action to collect any revenues due the State which shall not have been collected or, having been collected, shall not have been paid to the State. Provided that every county officer shall he investigated at least once a year.
Sec. 6. Power to Make Regulations and Forms. Consistent with the terms of this Act and of the various tax laws of Georgia, the Comptroller General is hereby authorized and directed to prescribe forms and to promulgate and enforce such rules and regulations as he deems appropriate in order effectively to enforce the revenue laws of the State. Provided that every county office shall he investigated at least once each year.
Sec. 7. Tax Suits. The Comptroller General is hereby authorized and empowered to act in the name of and in behalf of the State of Georgia to institute any suit, action or judicial proceeding to collect delinquent taxes, to cause property not listed to he assessed, to cause the performance of any Act required by law incident to administration of any state revenue, or to collect any claim or obligation of any person, including any public official, which may he due to the State. He is hereby authorized to act as relator in any and all such suits, actions or judicial proceedings. Before any suit, action or other judicial proceeding shall he initiated, it shall he the duty of counsel (whether counsel shall he a Solicitor General or other person) to file with

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the Comptroller General a copy of the petition or other pleading together with a sworn statement of the facts on which the petition or other pleading is based; and no suit, action or other judicial proceeding shall be instituted until the same shall have been approved and authorized by the Comptroller General.

Sec. 8. Compromise Settlements of Suits. No suit, action or other judicial proceeding shall be settled except by judgment in open court; and no compromise or agreed judgment shall be entered in any such suit, action or other judicial proceeding until there has been filed with the Comptroller General a verified statement setting forth the facts and showing the reasons why a compromise or agreed judgment should be entered, and certifying that no agreement or settlement other than the one stated in the proposed judgment has been directly or indirectly entered into by him or by any one for him, and that the said proposed settlement is in the opinion of the attorney for the best interest of the State.

Sec. 9. Delegation of certain Duties. To the extent license fees may be collected in connection with regulatory activities of some department of the State Government other than the Department of Taxation more economically than by the said Department because the fees are incidental to regulatory activitives, the Comptroller General is hereby authorized in his discretion to commit the administration of said license fees to the State official responsible for administering said regulatory activities; provided, however, that no such commitment shall extend beyond the term of office of the Comptroller General or of the officer to whom the administration of such fees be committed by the Comptroller General, nor shall such commitment be made to any county or other local official. In any case in which the collection of any tax or license may be delegated as provided in this Section the Comptroller General shall retain supervisory authority over such activity and is hereby charged with this duty. In any case in which the Comptroller General finds that such delegation should be revoked, modified or transferred to another department or other departments, the said Comptroller General is hereby authorized in his discretion to make such revocation, modification or transfer.

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Sec. 10. Authority to Employ and Discharge Personnel. The Comptroller General is hereby authorized to employ and discharge such personnel for office and field staff within the limitations of the appropriation as he may deem proper. Such employees shall be selected on the basis of their ability to perform the functions for which they are employed, without respect to political or other affiliations. The Comptroller General may require any employees to give bond and may from the appropriation to the Department pay the premiums thereon.
Sec. 11. Secrecy Provision. The information secured by the Comptroller General incident to the administration of any tax shall be confidential and privileged and neither the Comptroller General nor any member or members of his staff shall divulge or disclose any such confidential information obtained from the department's records or from an examination of the business of any taxpayer to any person other than the Comptroller General or members of his staff, or to an officer of the State or local government entitled in his official capacity to have access thereto; provided that the Comptroller General may furnish such confidential information to the appropriate tax or legal official of another State, territory or country or of the United States Government if the office or officer of said State, territory or county makes its own records available to the Comptroller General of Georgia; provided, further, that furnishing such information to any other State, territory, country or the Federal Government shall not be deemed to change the confidential character of such information; and provided, further, that nothing herein contained shall be construed to prevent the use of confidential information as evidence before any state or federal court in the event of litigation involving tax liability of any taxpayer. It is specifically provided, moreover, that the provisions of this Act respecting secrecy shall not be deemed to prevent the publication of statistics so arranged as not to reveal information respecting an individual taxpayer; and shall not apply in any sense whatsoever to any official finding of the Comptroller General as respects any assessment or any information properly entered upon an assessment roll or other public record. Nor shall the provisions hereof affect any information which, in the regular course of business, is by law made the

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subject matter of a public document in any federal or state office or any local office in Georgia.
Sec. 12. Transfer of Functions, Property, Personnel, and Appropriations.
(a) In General. In any case in which functions heretofore vested in any agency are by this Act transferred to the Department of Taxation, the said Department shall be in every way the successor with respect to such functions and to every act done in the exercise of such functions by or under the authority of such agency. In every instance in which such agency is referred to, or designated in, any law, contract, or document, such reference or designation shall be deemed to refer to the Department of Taxation as fully as though written into each such law, contract, or document by action of the legislature.
(b) Property and Records. On the effective date of this Act all books, papers, records, files, property and pending business theretofore made, used, acquired or conducted by the Revenue Commission, or any other agency from which functions are by this Act transferred to the Department of Taxation shall be transferred to and are hereby vested in the said Department of Taxation.
(c) Employees. All employees whose functions are by this Act transferred from an existing agency and vested in the Department of Taxation shall be transferred with their functions to the said Department; and said employees shall, so far as practicable and consistent with administrative policy, continue to perform their usual duties until otherwise directed by the Comptroller General. Nothing in this paragraph, however, shall be deemed to require the maintenance of any employees or positions or the continuation of any duties, titles, or compensation which may be found to be uneconomical or inconsistent with the policy of the Comptroller General.
(d) Appropriations. The remainder of the appropriations heretofore made to the State Revenue Commission for the administration of the Malt Beverage Act, for the operating cost to administer any other revenue act for which there is an allocation provided by law, for refunds of overpayment of income tax as

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provided by law and for all other operating cost of the Commission, is hereby transferred to the Comptroller General and made available for expenditure in his discretion for the purposes for which he is made responsible under the terms of this Act.
Sec. 13. Appropriations. Hereafter the General Assembly shall make an appropriation in the General Appropriations Bill for the expenses of the Comptroller General and his staff of not more than 8% of the total amount of taxes and licenses collected by his Department. The Comptroller General shall make requisition on the Governor accompanied by a detailed statement covering salaries and expenses for each month, and the Governor on approval of such requisition shall issue his warrant for the amounts so approved.
Sec. 14. State Revenue Commission Abolished. The State Revenue Commission is hereby abolished, effective at the close of business, January 31, 1938.
Sec. 15. Certain Duties Retained by Comptroller General. Nothing contained in this Act shall be deemed to affect or impair the powers and duties of the Comptroller General with respect to controlling of withdrawals from the treasury, service as Insurance Commissioner, functions as Chief Oil Inspector, or otherwise.
Sec. 16. Repeal of Certain Code Sections. Sections 92-450792-4509, inclusive, of the Georgia Code of 1933, limiting the number of deputy commissioners to be appointed and their salaries, are hereby repealed.

CHAPTER III-ADMINISTRATIVE PROVISIONS
Sec. 17. In General. The Comptroller General is hereby charged with the administration and supervision of all tax laws of the State. He shall prepare the forms he deems necessary and shall make such rules and regulations as he finds desirable to enforce the provisions thereof. The Comptroller General or his agents authorized in writing so to do may examine any books, papers, records, or other data (including information in the hands of third parties) bearing upon the correctness of any return or for the purpose of making a return where none has been made as required by law.

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Sec. 18. Remittances Required with Returns. Wherever any return, report, or other information is filed with the Comptroller General by any taxpayer and any tax is shown on such report or return as due by the taxpayer, or on the basis of such return or report any tax or license may be or become due by the said taxpayer following assessment or other Act by the Comptroller General, the taxpayer shall make a remittance for the amount shown as due on such report or return or estimated by taxpayer to be due thereon to the State at the time the return is filed, notwithstanding that the said Comptroller General is required under this Act to determine and fix the amount of tax or license. Amounts so paid by taxpayers shall be accepted by the Comptroller General and paid into the State Treasury and the account of the taxpayer credited therewith subject to final determination of the tax or license. Remittance required hereunder shall not be deemed to imply an assessment of said property or fixing of any license fee but the Comptroller General shall as soon as practicable make such an assessment or fix such license fee and if the tax be found to be different from the amount paid, shall demand payment of any of the remainder or shall certify a refund to be made in the manner provided by law from any of the funds in the State Treasury, not otherwise appropriated, of any overpayment which has been made.

Sec. 19. Extensions of Time for Returns. The Comptroller General may grant a reasonable extension of time for filing returns required under State tax laws on written request therefor whenever in his judgment a good cause for such extension exists. The Comptroller General shall keep a record of every extension granted and the reason therefor. No such extension or extensions except as otherwise explicitly provided by law shall aggregate more than six months nor shall any such extension operate to delay the payment of a tax unless a bond in twice the amount of the tax be posted. In no event shall the Comptroller General extend the time of filing returns required to be filed with the assessors.

Sec. 20. Date Taxes Are Due. Except as explicitly provided elsewhere to the contrary, all State taxes and licenses shall be

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due and payable with the return or on or before thirty (30) days after notice, as the case may be.

Sec. 21. Notice of Assessment. Except as explicitly provided by law to the contrary, the Comptroller General shall notify each taxpayer of the amount at which such taxpayer's property has been assessed or such taxpayer's license fee has been fixed by the said Comptroller General, which assessment or which license fee shall become final if no written protest is filed by the taxpayer with the said Comptroller General within fifteen {15) days of the date of such notice. For the purpose of this Section said notice shall be deemed to have been given if written notice is deposited in the mails addressed to the taxpayer under the name and at the location shown upon the last return of said taxpayer on file with the Comptroller General.

Sec. 22. Protests. Any taxpayer may contest the assessment or license made or determined by the Comptroller General by filing with the said Comptroller General a written protest at any time within fifteen (15) days from the date of the assessment or license notice. All protests shall be prepared in such form and contain such information as the Comptroller General shall require and shall include in any case a summary statement of the grounds upon which the taxpayer relies and his reasons for disputing the finding of the Comptroller General. In the event the taxpayer desires a conference or hearing, such fact must be set out in the protest. If the protest conforms with the requirements of this section, the Comptroller General shall grant such a conference before his officers or agents as he may designate, at a time he shall specify, and shall make such rules governing the conduct of conference as he may deem meet and proper.

Sec. 23. Final Assessments. In all cases in which protests are filed by taxpayers, as provided by law, the Comptroller General shall consider the information contained in such protests and information submitted by taxpayers in conferences or hearings before the said Comptroller General, his officers or agents, and shall proceed to make final assessment or to fix a final license fee and notify the taxpayer of the amount thereof.

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Sec. 24. Additional Assessments. If the Comptroller General shall ascertain that the return of any taxpayer contains mistaken, false, or fraudulent statements or that it contains statements or omissions of data otherwise incorrect or misleading and that as a result thereof improper or inadequate assessments of taxes have been made, the said Comptroller General may determine and fix the amount of such taxes due by such taxpayers and shall proceed to collect the State tax due thereon. In any case in which property assessments are made by the Comptroller General under the law for purposes of local taxation, the said Comptroller General shall certify amounts of any property omitted from previous assessments to the proper local tax authorities for tax in the local tax districts. All taxes collected under this Section shall bear interest at the rate of one-half of one per cent (0.5%) per month from the date originally due until paid, to be assessed and collected as a part of the tax.
Sec. 25. Limitation Upon Reopening Cases. No assessment shall be reopened under Section 24 of this Act in the absence of fraud, except within two years from the last date upon which the return could be filed by the taxpayer under the law without delinquency. In any case in which any report, return, or other information contains fraudulent statements or omissions of material facts, the effect of which makes such taxpayer's report a fraudulent representation of the items or things required thereunder, the Comptroller General may reopen the case and make additional assessments of taxes or licenses at any time.
Sec. 26. Refunds. (a) Appropriation. There is hereby appropriated from the proceeds of every tax and license imposed by law a sum sufficient to refund to taxpayers any and all such taxes which may be determined to have been erroneously or illegally assessed and collected from such taxpayers under the laws of Georgia. Such refunds shall be drawn from the treasury on warrants of the governor issued upon itemized requisition showing in each instance the person to whom the refund is to be made, the amount thereof and the reason therefor.
(b) Procedure for Granting. In any case in which it shall be determined that an erroneous or illegal collection of tax or license has been made by the Comptroller General, the taxpayer from

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whom such tax or license was collected may file a claim for refund with the said Comptroller General in writing and in such forms and containing such information as the Comptroller General may require, to include a summary statement of the grounds upon which the taxpayer relies. In the event the taxpayer desires a conference or hearing before the Comptroller General in connection with any claim for refund, he shall so specify in writing in the claim, and if the claim conforms with the requirements of this Section the said Comptroller General shall grant such a conference at a time he shall specify. The Comptroller General shall consider information contained in taxpayers' claims for refund and such other information as may be available and shall approve or disapprove the taxpayer's claim and notify such taxpayer of his action. In the event any claim for refund is approved, the Comptroller General shall forthwith proceed under subsection (a) of this section to give effect to the terms thereof.
Sec. 27. Comptroller General to Prepare Delinquent Returns. The Comptroller General, in any case in which any return, report or other information is not filed or made available to the Comptroller General as required by law, may proceed to ascertain such information in any way which he considers proper or appropriate at the expense of the delinquent; and the said Comptroller General is hereby authorized to prepare, execute and file such returns.
Sec. 28. Superior Court to Compel Production of Evidence. If any individual, corporation, partnership or fiduciary, or any officer, agent, employee or member of a partnership required under the law to make any return, supply any information, exhibit any books or records, or to pay any tax when requested to do so by the Comptroller General or any agent designated in writing by the Comptroller General, whether with reference to his own returns or not, shall refuse to do so, the superior court for the county in which such person resides shall have jurisdiction by appropriate process to collect such testimony or cause the proper person to produce such books, papers or other data.
Sec. 29. Nature of Penalties. All penalties imposed by State statutes are hereby made a part of the tax to be collected as such. The proceeding to collect the original tax, the tax constituted

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from penalties imposed and the interest shall all he conducted in the same manner. Except by a compromise in open court, no tax, penalty, or interest may he waived by the Comptroller General or by any other officer or employee of the State. It is hereby explicity provided that provision for criminal prosecution shall not in any event operate under the tax laws of the State to relieve any taxpayer of any tax, penalty or interest imposed by law.
Sec. 30. Penalty For Failure to File Return or Pay Tax. In any instance in which any person shall fail to file a report, return or other information required by law; to pay the Comptroller General any revenue held in trust for the State; or to pay a tax when the same is due, he shall pay, in the absence of a specific statutory civil penalty for such failure, a penalty of ten per cent (10%) of the amount of tax due or of the amount of revenue held in trust and not paid in at the time prescribed by law and interest on the principal amount at the rate of one per cent (1 %) per month from the date the return or the tax became delinquent or the revenue held in trust should have been remitted, until the same shall have been paid.
Sec. 31. Jeopardy Assessments. If the Comptroller General finds that a taxpayer gives evidence of intention to remove from the State, or to remove his property therefrom, or to conceal himself or his property, or to discontinue business, or to do any other act tending to prejudice or render wholly or partly ineffective proceedings to compute, assess or collect any State tax, whereby it becomes advisable that such proceeding he brought without delay, the Comptroller General shall declare the taxable period for such taxpayer terminated forthwith, and shall give notice of such finding and demand immediate payment of such tax as may he due. The Comptroller General may immediately make an arbitrary assessment and may proceed under such assessment to collect the tax or to require such taxpayer to file with him a bond satisfactory to the Comptroller General as security for payment of any such tax.
Sec. 32. Collection on Bonds. In the event any taxpayer shall fail to pay any tax due, the Comptroller General shall notify such taxpayer and his surety or sureties by mailing a letter to their post office addresses last known to the said Comp-

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troller General; and, if after thirty days of mailing such notice the amount due remains unpaid, the Comptroller General shall proceed by suit to collect the amount due thereunder including the penalties, interest and cost. It shall not be necessary to make the defaulting taxpayer a party to any suit that may be brought against his surety or sureties.
Sec. 33. Taxes, Debts, Garnishments. All taxes are hereby made a personal debt of the person required hereunder to file the returns or to pay the taxes imposed hereby. The Comptroller General may attach the property of a delinquent taxpayer on any ground provided by Code Section 8-101 or on the ground that the taxpayer is liquidating his property in an effort to avoid payment of the tax. The Comptroller General may use garnishment to collect the tax imposed by this Act. Garnishment may be issued by the Comptroller General in the same manner as is provided for the issuance of garnishment by tax collectors in Chapter 92-75 of the Code.
Sec. 34. Liens For Taxes. Liens for taxes, whether ad valorem, specific, or occupation, due the State, any county thereof, or municipal corporation therein, shall cover the property of taxpayers liable to tax, from the time fixed by law for valuation of the same in each year until such taxes are paid, and the property of tax collectors and their sureties from the time of giving bond until all the taxes for which they are responsible shall be paid. Such liens for taxes are hereby declared superior to all other liens, and shall rank among themselves as follows: first, taxes due the State; second, taxes due counties of the State; third, taxes due to municipal corporations of the State.
Sec. 35. Failure to File Returns or Pay Taxes A Misdemeanor. If any taxpayer or any responsible officer or agent thereof or any public official required by law to file returns, reports or any other information, or to pay taxes, shall fail to do so within the time specified by law, said person shall be deemed guilty of a misdemeanor and shall be punished as provided by law; and each day's failure so to file or report the information required or to pay the amount due shall be deemed a separate offense.

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Sec. 36. Irrelevant Protests, Impeding Administration. If any person or any responsible officer or agent thereof, or any public official, shall file with the Comptroller General any frivolous or otherwise incompetent or irrelevant return, report, protest, claim for refund or other document or information in order to delay the collection of any tax or license due under the law, or to defeat, delay, or impair the effectiveness of any of the provisions of this Act, or if he shall violate the express terms of this Act, he shall be deemed guilty of a misdemeanor and punished as provided by law.
Sec. 37. Fraud. Any person who shall wilfully and with intent to defraud the State; (a) file any returns, report, protest, or claim for refund containing any false or fraudulent statement, knowing the same to be false; (b) omit to state any fact, circumstance, condition or thing in any written document, the ommission of which constitutes a material misstatement or misrepresentation of fact; (c) make any oral representation, misleading or calculated to mislead in any material manner; or (d) by any trick, device, scheme, or plan to evade or attempt to evade any tax, license, penalty, interest or other amount due the State, shall be guilty of a felony and fined not more than ten thousand dollars ($10,000) or imprisoned not more than five (5) years, or both so fined and imprisoned, and shall pay the costs of prosecution.
Sec. 38. Inter-State Comity. The courts of this State shall recognize and enforce liabilities for taxation lawfully imposed by other States which extend like comity.
Sec. 39. Laws Repealed. All laws and parts of laws in conflict with this Act, but only to the extent that they conflict with this Act, are hereby repealed.
On the adoption of the substitute, Mr. Pilcher of Warren moved the ayes and nays, and the call was not sustained.
The substitute offered by Messrs. Pilcher of Warren and Weaver of Bibb was lost.
:rhe following committee substitute to House Bill No. 27 was read:
By the Committee:

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A BILL
To be entitled an Act to make comprehensive provision for an integrated tax administration for Georgia; to create the Department of Taxation and the office of State Tax Commissioner; to confer upon such commissioner all the powers and duties formerly vested in the State Revenue Commission and in the Comptroller General in relation to petroleum inspection, licenses and taxation; to abolish the State Revenue Commission; to continue the Comptroller General as Insurance Commissioner, Comptroller of Withdrawals, to provide for the appointment, term of office, salary, oath, bond, authority, duties, and removal of the State Tax Commissioner; to provide for the organization and operation of the department; to create the State Board of Tax Appeals; to provide for review by the Board of the assessments and equalization orders of the Commissioner; to make appropriation for the Department and the Board; to provide for certiorari to the Board from the Superior Courts; to forbid review of assessments by trial courts; to enforce tax liability to other states which reciprocate; to repeal Code Sections 92-4507-9, 92-6001-7, 92-7004-6, Chapters 92-60, 92-61, and 92-68 and laws in conflict with this Act; to provide for the administration of and the enforcement of the tax laws; to make taxes a personal debt; and for other purposes.
CHAPTER I-DEFINITIONS
Section 1. Definitions. The following terms shall be construed, for purposes of this Act, as having the meaning hereinafter set out; the word "department" as used herein shall mean the Department of Taxation, headed by the State Tax Commissioner, which is created by the terms of this Act.
The words "tax commissioner" or "commissioner" shall mean the State Tax Commissioner who is by the terms of this Act made head of the Department of Taxation.
The word "taxpayer" shall mean any person made liable by law to file a return or pay tax.
The word "assessor" shall mean the County Tax Receiver or County Tax Commissioner. In respect of appeals from action

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of the State Tax Commissioner, the term shall also be deemed to include the County Board of Tax Assessors.
The word "collector" shall mean the County Tax Collector unless another meaning is clearly implied by the context.
The word "person" means an individual, a fiduciary, a partnership, an association or a corporation~ including any public official or a public or municipal corporation.
The word "individual" means a natural person.
The word "fiduciary" means a guardian, trustee, executor, administrator, receiver, conservator, or any person, whether individual or corporate, acting in any fiduciary capacity for any other person.
The word "agency" shall mean any department, commission, institution, office, or officer of the State of Georgia.
The word "board" shall mean the State Board of Tax Appeals as herein constituted.

CHAPTER II-DEPARTMENT OF TAXATION, STATE TAx CoMMISSIONER
Sec. 2. Creation of Department and Office. Salary, bond:, oath. The office of State Tax Commissioner and the Department of Taxation are hereby created. The Commissioner is hereby made head of the Department of Taxation. The Commissioner shall be appointed by the Governor with the consent of the Senate for a ferm of six years, the first term beginning on the first of January, 1938. The Commissioner shall receive a salary of Six Thousand Dollars ($6,000) annually, payable monthly. Before entering upon the performance of his duties he shall execute and file an official surety bond, approved as to form and sufficiency by the Attorney General and amounting to Seventy Thousand Dollars ($70,000), the premiums on which shall be paid by the State. The Commissioner shall be required to take and subscribe before the Governor an oath to discharge faithfully and impartially the duties of his office, which oath shall be in addition to that required of all civil officers.

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Sec. 3. Vacancies, Removal. If a vacancy shall occur in the office of the State Tax Commissioner otherwise than by expiration of term, it shall be filled by appointment by the Governor for the unexpired term. The Governor may, after notice and a hearing, remove the said Commissioner from office for neglect of duty or misfeasance or malfeasance in office.
Sec. 4. Powers and Duties, In General. The State Tax Commissioner is hereby vested with all the power and authority and hereby required to perform all the duties formerly vested in the State Revenue Commission, and is hereby vested with all the power and authority and required to perform all the duties relating to matters of Petroleum Inspection taxation, and licenses heretofore vested in the Comptroller General (except licenses to insurance companies). He is also vested with all the power and authority and required to perform all the duties relating to taxation and licenses heretofore vested in any State administrative officer.
Sec. 5. Enumeration of Duties. In addition to other duties assigned by law to the commissioner, but without limitation of the same, it is hereby specifically provided that he shall; (a) direct that appropriate legal action be taken to enforce the revenue laws of Georgia; (b) require the Attorney General to command the services of solicitors general or to supply legal assistance from the Department of Law; (c) supervise all tax administration throughout the State; (d) make thorough study of taxation in Georgia and elsewhere with a view to improvement of administration and legislation affecting the people of Georgia; (e) make an annual report to the Governor; (f) publish such regulations, statistics, and other reports as he may deem wise within the limitations of his appropriation; (g) assist local tax officials in every feasible manner; (h) decide all questions respecting the construction of tax laws and the application thereof to various classes of taxpayers and of property with the advice and assistance of the Attorney General; and (i), as responsible revenue official of the State, advise the Governor on all matters relating to revenue.
Sec. 6. Power to Administer Oaths, Examine Evidence. In the performance of his duties the commissioner or any agent

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designated by him in writing shall have the power to administer oaths, to conduct hearings, to examine witnesses under oath, and to examine the books, records, inventories or business of any taxpayer or of any fiduciary, bailee, or other person having knowledge of the tax liability of any taxpayer. The commissioner, incident to the duties in relation to local tax officials heretofore performed by the Comptroller General and, along with all other duties of the Comptroller General in relation to taxation, hereby vested in the commissioner, shall investigate settlements by collectors and take appropriate action to collect any revenue due the State which shall not have been collected or having been collected, shall not have been paid to the CommiSSioner.
Sec. 7. Power to Make Regulations and Forms. Consistent with the terms of this Act and of the various tax laws of Georgia, the Commissioner is hereby authorized and directed to prescribe forms and to promulgate and enforce such rules and regulations as he deems appropriate in order effectively to enforce the revenue laws of this State.
Sec. 8. Tax Suits, Assistant Attorney General. The Tax Commissioner is hereby authorized and empowered to act in the name, and in behalf, of the State of Georgia to institute any suit, action or judicial proceeding to collect delinquent State taxes; to cause property not listed to be assessed; to cause the performance of any act required by law incident to administration of any state revenue, or to collect any claim or obligation of any person, including any public official, which may be due to the State. He is hereby authoriz~d to act as relator in any and all such suits, actions or judicial proceedings. To enable the Commissioner to perform the duties required by this Section, the Governor is hereby authorized and empowered to direct that an Assistant Attorney General be attached to the Department of Taxation. The salary of such Assistant Attorney General, his law clerks and clerical assistants, shall be paid from the appropriation made for expense of the Department of Taxation, and such Assistant Attorney General shall be under the technical jurisdiction of the Department of Law with respect to matters of legal principle only and in all other matters he shall be subject to the direction and control of the Commissioner.

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Before any suit, action or other judicial proceeding for the enforcement of this Act or collection of State Taxes shall be initiated, it shall be the duty of counsel (whether counsel shall be a Solicitor General or other person) to file with the Commissioner a copy of the petition or other pleading together with a sworn statement of the facts on which the petition or other pleading is based; and no such suit, action or other judicial proceeding shall be instituted until the same shall have been approved and authorized by the Tax Commissioner.
Sec. 9. Compromise Settlements of Suits. No suit, action or other judicial proceeding shall be settled except by judgment in open court; and no compromise or agreed judgment shall be entered in any such suit, action or other judicial proceeding until there has been filed with the Commissioner a verified statement setting forth the facts and showing the reasons why a compromise or agreed judgment should be entered, and certifying that no agreement or settlement other than the one stated in the proposed judgment has been directly or indirectly entered into by him or by any one for him, and that the said proposed settlement is in the opinion of the attorney for the best interest of the State.
Sec. 10. Delegation of Certain Duties. To the extent license fees may be collected in connection with regulatory activities of some department of the State Government other than the Department of Taxation more economically than by the said Department because the fees are incidental to regulatory activities, the State Tax Commissioner is hereby authorized by executive order approved by the Governor to commit the administration of said license fees to the State official responsible for administering said regulatory activities; provided, however, that no such commitment shall extend beyond the term of office of the Commissioner or of the office to whom the administration of such fees be committed by the Tax Commissioner, nor shall such commitment be made to any county or other local official. In any case in which the collection of any tax or license may be delegated as provided in this Section the Commissioner shall retain supervisory authority over such activity and is hereby charged with this duty. In any case in which the Commissioner finds that such delegation should be

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revoked, modified or transferred to another department or other departments, the said Commissioner is hereby authorized by executive order approved by the Governor, to make such revocation, modification or transfer.
Sec. 11. Authority to Employ and Discharge Personnel. The State Tax Commissioner is hereby authorized to employ and discharge and fix the compensation of such personnel for office and field staff within the limitations of the appropriation as he may deem proper. Such employees shall be selected on the basis of their ability to perform the functions for which they are employed, without respect to political or other affiliations. The Commissioner may require any employees to give bond and may from the appropriation to the Department pay the premiums thereon. After November 30, 1938, no employee of the Commissioner shall be discharged or suspended against his will for more than thirty days in any one fiscal year except by written notice stating the cause, namely, inefficiency, incompetence, dishonesty, insubordination, or conduct tending to impair or cast reflection upon the Department or its personnel. Any employee so discharged or suspended, on written request within five days of notice of discharge, or suspension, shall have the right to a public hearing before the Tax Commissioner, at such a time, not earlier than two nor later than ten days after delivery of the request, as the Commissioner may fix. It is specifically provided, notwithstanding the preceding requirements, that any employee may be dismissed without a hearing or prior notice during a period of probation hereby fixed to include only the first six months of any individual's employment with the Department. The Commissioner is hereby authorized to organize his department, assign his employees, and discharge the responsibilities incident to administration of the State tax system in such manner as he may deem proper.
Sec. 12. Secrecy Provision. The information secured by the Commissioner incident to the administration of any tax shall be confidential and privileged and neither the Commissioner nor any member or members of his staff shall divulge or disclose any such confidential information obtained from the department's records or from an examination of the business of any taxpayer to any person other than the Commissioner

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or members of his staff, or to an officer of the State or local government entitled in his official capacity to have access thereto; or to the taxpayer; provided that the Tax Commissioner may furnish such confidential information to the appropriate tax or legal official of another state, territory or country or of the United States Government if the office or officer of said State, territory or country makes its own records available to the Tax Commissioner of Georgia; provided, further, that furnishing such information to any other state, territory, count~y or the Federal Government shall not be deemed to change the confidential character of such information; and provided, further, that nothing herein contained shall be construed to prevent the use of confidential information as evidence before any state or federal court in the event of litigation involving tax liability of any taxpayer. It is specifically provided, moreover, that the provisions of this Act respecting secrecy shall not be deemed to prevent the publication of statistics so arranged as not to reveal information respecting an individual taxpayer; and shall not apply in any sense whatsoever to any official finding of the Tax Commissioner as respects any assessment or any information properly entered upon an assessment roll or other public record. Nor shall the provisions hereof affect any information which, in the regular course of business, is by law made the subject matter of a public document in any federal or state office or in any local office in Georgia.

Sec. 13. Transfer of Functions, Property, Personnel, and Appropriations.

(a) In General. In any case in which functions heretofore vested in any agency are by this Act transferred to the Department of Taxation, the said Department shall be in every way the successor with respect to such functions and to every act done in the exercise of such functions by or under the authority of such agency. In every instance in which such agency is referred to, or designated in, any law, contract, or document, such reference or designation shall be deemed to refer to the Department of Taxation as fully as though written into each such law, contract, or document.

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771

(b) Property and Records. On the effective date of this Act all books, papers, records, files, property and pending business theretofore made, used, acquired or conducted by the Revenue Commission, the Comptroller General, or any other agency from which functions are by this Act transferred to the Department of Taxation shall be transferred to, and are hereby vested in, the said Department of Taxation.

(c) Employees. All employees whose functions are by this Act transferred from an existing agency and vested in the Department of Taxation shall be transferred with their functions to the said Department; and said employees shall, so far as practicable and consistent with administrative policy, continue to perform their usual duties until otherwise directed by the Commissioner. Nothing in this paragraph, however, shall be deemed to require the maintenance of any employees or positions or the continuation of any duties, titles, or compensation which may be found to be uneconomical or inconsistent with administrative policy.

(d) Appropriations. The remainder of the appropnatwns heretofore made to the State Revenue Commission for the administration of the Malt Beverage Act, for the operating cost to administer any other revenue act for which there is an allocation provided by law, for refunds of overpayment of income tax as provided by law and for all other operating cost of the Commission, is hereby transferred to the State Tax Commissioner and made available for expenditure in his discretion for the purposes for which he is made responsible under the terms of this Act. The remainder of the appropriations made to the Comptroller General for the operating cost to administer the Motor Carriers Tax Act, for the operating cost to administer the Motor Fuel Tax Act, and that part of the appropriation for the operating cost of all other activities of the department which was made for tax administration or supervision purposes (not including the appropriation for the administration of the fire inspection law which appropriation shall not be affected by this Act) is hereby transferred to the Commissioner and made available for expenditure in his discretion for the purposes for which he is made responsible under the terms of this Act.

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(e) Budget Bureau to Decide. In the event there is found to be uncertainty with respect to the functions, records and property, employees or appropriations, transferred by the terms of this Act, it shall be the duty of the Budget Bureau to determine all such issues.
Sec. 14. Appropriations. Hereafter the General Assembly shall make an appropriation in the General Appropriations Bill for the expense of the Commissioner and his staff. The Commissioner shall make requisition on the Governor accompanied by a detailed statement covering salaries and expenses for each month, and the Governor on approval of such requisition shall issue his warrant against said appropriations for the amounts so approved.
Sec. 15. State Revenue Commission Abolished. The State Revenue Commission is hereby abolished, effective at the close of business December 31, 1937.
Sec. 16. Certain Duties Retained by Comptroller General. Nothing contained in this Act shall be deemed to effect or impair the powers and duties of the Comptroller General with respect to controlling of withdrawals from the treasury, service as Insurance Commissioner, or otherwise, in so far as the same do not concern taxation or licenses (other than licenses to insurance companies).
Sec. 17. Repeal of Certain Code Sections. Sections 924507-92-4509, inclusive, of the Georgia Code of 1933, limiting the number of deputy commissioners to be appointed and their salaries, are hereby repealed.
CHAPTER III. BoARD oF TAx APPEALS
Sec. 18. Membership, Chairman, Term, Salary and Oath. There is hereby created a State Board of Tax Appeals of three members, consisting of the Comptroller General, the Secretary of State and the State Treasurer, ex-officio. Each member shall serve without additional compensation. The Board shall elect a chairman. Before assuming their duties, each shall be required to take and subscribe before the governor an oath to discharge faithfully and impartially the duties of his office,

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773

which oath shall be in addition to the oath required of all civil officers.
Sec. 19. Review of Individual Assessments, Costs. The function of the Board of Tax Appeals shall be to review the assessments made by the State Tax Commissioner when by such assessment, after hearing by the Commissioner or his regularly authorized employee or agent, any taxpayer may be aggrieved and petition for said review. The manner of securing and conducting the review shall be as hereinafter set out, but no request to review the commissioner's assessment shall in any event be granted unless it is accompanied by payment of the cost of the proceedings for review and unless objection has first been filed with the State Tax Commissioner. The amount of cost shall be determined by the Board of Tax Appeals by formal standing order.
Sec. 20. Review of Commissioner's Equalization. The Board of Tax Appeals is also hereby required, on petition of any chairman of a County Board of Assessors who is dissatisfied with the changes and corrections in the county assessment ordered to be made by the State Commissioner in equalizing its taxable valuation, to review the action of the said commissioner if the said assessor within ten days from receipt of the notice of the commissioner's action shall request it in writing. The review shall be in all respects identical with the review provided for an aggrieved taxpayer except that no assessment of costs shall be necessary, and except that the application for review must be filed within the time herein-above specified and the hearing fixed shall be within twenty days thereafter. If the decision of the Board shall be made and notice thereof conveyed to the County Tax Assessor, it shall be the duty of the said assessor immediately to review and correct the county valuations in the manner required by law.
Sec. 21. Power to make Rules of Procedure. By general orders not inconsistent with this Act and the laws of the State the Board shall promulgate rules governing its proceedings. Subject to such orders, any person may appear and practice before the Board in his own case or in a case involving his immediate family, or for a corporation of which he is an officer or

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regular employee, or an estate of which he is a fiduciary; but no persons other than members of the bar or certified public accountants shall appear and practice before the Board in behalf of others.
Sec. 22. Power to Employ Assistants, Incur Expenses. The Board is hereby authorized to employ a secretary and such other personnel as may be required, and to incur such other expenses, within the limits of its appropriation, as in its discretion may be necessary to give effect to the provisions of this Act.
Sec. 23. Appropriation. There is hereby set aside from the funds appropriated for tax administration an amount (to be specified by the Governor) sufficient to pay the necessary expenses for operating the Board of Tax Appeals for the fiscal years ending June 30, 1938 and June 30, 1939.
Sec. 24. Repeal of Certain Code Sections. The following provisions of Title 92 ("Public Revenue") of the Georgia Code of 1933 are hereby repealed. Sections 92-6001-92-6007, inclusive, relating to arbitration of assessments or correction of returns made by the Comptroller General, and 92-7004-927006, inclusive, relating to arbitration of State Revenue Commission's equalization of County assessments.
CHAPTER IV. ADMINISTRATIVE PROVISIONS
Sec. 25. In General. The State Tax Commissioner is hereby charged with the administration and supervision of all tax laws of the State. He shall prepare the forms he deems necessary and shall make such rules and regulations as he finds desirable to enforce the provisions thereof. The Commissioner or his agents authorized in writing so to do may examine any books, papers, records, or other data (including information in the hands of third parties) bearing upon the correctness of any return or for the purpose of making a return where none has been made as required by law.
Sec. 26. Remittance Required with Returns. Wherever any returns, report, or other information is filed with the Commissioner by any taxpayer and any tax other than income or

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775

ad valorem is shown on such report or return as due by the taxpayer, or on the basis of such return or report any tax other than income or ad valorem or license may be, or become, due by the said taxpayer following assessment or other act by the Commissioner, the taxpayer shall make a remittance for the amount shown as due on such report or return, or estimated by the taxpayer to be due thereon, to the said Commissioner at the time the return is filed, notwithstanding that the said Commissioner is required under this Act to determine and fix the amount of tax or license. Amounts so paid by taxpayers shall be accepted by the Commissioner and paid into the State . Treasury and the account of the taxpayer credited therewith subject to final determination of the tax or license. Acceptance of the remittance required hereunder shall not be deemed to imply as assessment of said property or fixing of any license fee but the Commissioner shall, as soon as practicable, make such an assessment or fix such license fee and if the tax be found to be different from the amount paid, shall demand payment of the remainder or shall certify a refund to be made in the manner provided by law from any of the funds in the State Treasury, not otherwise appropriated, of any overpayment which has been made.

Sec. 27. Extensions of Time For Returns. The Commissioner may grant a reasonable extension of time for filing returns required under state tax laws on written request therefor whenever in his judgment a good cause for such extension exists. The Commissioner shall keep a record of every extension granted and the reason therefor. No such extension or extensions except as otherwise expressly provided by law shall aggregate more than six months nor shall any such extension operate to delay the payment of a tax unless a bond satisfactory to the Commissioner be posted. In no event shall the Commissioner extend the time of filing returns required to be filed with the assessors.

Sec. 28. Date Taxes Are Due. Except as expressly provided by law to the contrary, all State taxes and licenses shall be due and payable with the return on or before thirty (30) days after notice, as the case may be except ad valorem and income taxes;

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and when the collection of any such tax is deferred under any sections of this Act, interest at the rate of one-half of one per cent (0.5%) shall be collected thereon from the due date until the date of payment.
Sec. 29. Notice of Assessment. In all cases in which the Commissioner is required by law to provide an opportunity for protest the license fee shall become final if no written protest is filed by the taxpayer with the said Commissioner within thirty (30) days of the date of such notice. For the purpose of this Section said notice shall be deemed to have been given if written notice is deposited in the mails addressed to the taxpayer under the name and at the location shown upon the last return of said taxpayer on file with the Commissioner.
Sec. 30. Protests. Any taxpayer may contest any additional assessment or license made or determined by the Commissioner by filing with the said Commissioner a written protest at any time within thirty (30) days from the date of the assessment or license notice. All protests shall be prepared in such form and contain such information as the Commissioner shall require and shall include in any case a summary statement of the grounds upon which the taxpayer relies and his reasons for disputing the finding of the Commissioner. In the event the taxpayer desires a conference or hearing, such fact must be set out in the protest. If the protest conforms with the requirements of this section, the Commissioner shall grant such a conference before his officers or agents as he may designate, at a time he shall specify, and shall make such rules governing the conduct of conferences as he may deem meet and proper.
Sec. 31. Final Assessments. In all cases in which protests are filed by taxpayers, as provided by law, the Commissioner shall consider the information contained in such protests and information submitted by taxpayers in conferences or hearing before the said Commissioner, his officers or agents, and shall proceed to make final assessment or to fix a final license fee and notify the taxpayer of the amount thereof.
Sec. 32. Additional Assessments. If the Commissioner shall ascertain that the return of any taxpayer contains mistaken,

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777

false, or fraudulent statements or that it contains statements or omissions of date otherwise incorrect or misleading and that as a result thereof improper or inadequate assessments of taxes have been made, the said Commissioner may determine and fix the amount of such taxes due by such taxpayers and shall proceed to collect the State tax due thereon. In any case in which property assessments are made by the Commissioner under the law for purposes of local taxation, the said Commissioner shall certify amounts of any property omitted from previous assessments to the proper local tax authorities for tax in the local tax districts. All taxes collected under this Section shall bear interest at the rate of one-half of one per cent (0.5%) per month from the date that the Commissioner shall by written notice to the taxpayer advise him of the amount thereof, until paid. Said interest to be assessed and collected as a part of the tax.
Sec. 33. Limitation Upon Reopening Cases. No assessment shall be reopened under Section 32 of this Act in the absence of fraud, except within two years from the last date upon which the return could be filed by the taxpayer under the law without delinquency. In any case in which any report, return, or other information contains fraudulent statements or omissions of material facts, the effect of which makes such taxpayer's report a fraudulent representation of the items or things required thereunder, the Commissioner may reopen the case and make additional assessments of taxes or licenses at any time.

Sec. 34. Refunds.
(a) Appropriation. There is hereby appropriated from the proceeds of every tax and license imposed by law a sum sufficient to refund to taxpayers any and all such taxes which may be determined to have been erroneously or illegally assessed and collected from such taxpayers under the laws of Georgia, whether paid voluntarily or involuntarily. Such refunds shall be drawn from the treasury on warrants of the governor issued upon itemized requisition showing in each instance the person to whom the refund is to be made, the amount thereof and the reason therefor.

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(b) Procedure for Granting. In any case in which it shall be determined that an erroneous or illegal collection of tax or license has been made by the Commissioner, the taxpayer from whom such tax or license was collected may file a claim for refund with the said Commissioner in writin"g and in such form and containing such information as the Commissioner may require, to include a summary statement of the grounds upon which the taxpayer relies. In the event the taxpayer desires a conference or hearing before the Commissioner in connection with any claim for refund, he shall so specify in writing in the claim, and if the claim conforms with the requirements of this Section the said Commissioner shall grant such a conference at a time he shall specify. The Commissioner shall consider information cont~ined in taxpayer's claims for refund and such other information as may be available and shall approve or disapprove the taxpayer's claim and notify such taxpayer of his action. In the event any claim for refund is approved, the Commissioner shall forthwith proceed under subsection (a) of this Section to give effect to the terms thereof.

Sec. 35. Commissioner to Prepare Delinquent Returns. The Commissioner, in any case in which any return, report or other information is not filed or made available to the Commissioner as required by law may proceed to ascertain such information in any way which he considers proper or appropriate at the expense of the delinquent; and the said Commissioner is hereby authorized to prepare, execute and file such returns.

Sec. 36. Superior Court to Compel Production of Evidence. If any individual, corporation, partnership or fiduciary, or any officer, agent, employee or member of a partnership required under the law to make any return, supply any information, exhibit any books or records, or to pay any tax when requested to do so by the Commissioner or any agent designated in writing by the Commissioner, whether with reference to his own returns or not, shall refuse to do so, the superior court for the county in which such person resides shall have jurisdiction by appropriate process to collect such testimony or cause the proper person to produce such books, papers or other data. All of the laws of the State relative to the taking of depositions and in-

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779

terrogatories of non-residents as well as of residents of the State of Georgia shall be available to the Commissioner.
Sec. 37. Nature of Penalties. All penalties imposed by state statutes are hereby made a part of the tax to be collected as such. The proceeding to collect the original tax, the tax constituted from penalties imposed and the interest shall all be conducted in the same manner. Except by a compromise in open court, no tax, penalty, or interest may be waived by the Tax Commissioner or by any other officer or employee of the S'tate. It is hereby expressly provided that provision for criminal prosecution shall not in any event operate under the tax laws of the State to relieve any taxpayer of any tax, penalty or interest imposed by law.
Sec. 38. Penalty for Failure to file return or pay tax. In any instance in which any person shall fail to file a report, return or other information required by law; to pay the Commissioner any revenue held in trust for the State; he shall pay, in the absence of a specific statutory civil penalty for such failure, a penalty of ten per cent (10%) of the amount of revenue held in trust and not paid in at the time prescribed by law and interest on
the principal amount at the rate of one per cent (1%) per month
for the date the return or the revenue held in trust should have been remitted, until the same shall have been paid. In any instance in which any person fails to pay a tax when the same . is due he shall pay, in the absence of a specific statutory civil penalty for such failure, interest on the principal amount at
the rate of one per cent (1%) per month from the date the tax
becomes delinquent, until the same is paid.
Sec. 39. Jeopardy Assessments. If the Commissioner finds that a taxpayer gives evidence of intention to remove from the State, or to remove his property therefrom, or to conceal himself or his property, or to discontinue business, or to do any other act tending to prejudice or render wholly or partly ineffective proceedings to compute, assess or collect any state tax, whereby it becomes advisable that such proceeding be brought without delay, the Commissioner shall declare the taxable period for such taxpayer terminated forthwith, and shall give notice of such finding and demand immediate payment of such tax

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as may be due. The Commissioner may immediately make an arbitrary assessment and may proceed under such assessment to collect the. tax or to require such taxpayer to file with him a bond satisfactory to the Commissioner as security for payment of any such tax.
Sec. 40. Collection on Bonds. In the event any taxpayer shall fail to pay any tax due, the Commissioner shall notify such taxpayer and his surety or sureties by mailing a letter to their post office addresses last known to the said Commissioner; and, if after thirty (30) days of mailing such notice the amount due remains unpaid, the Commissioner shall proceed by suit to collect the amount due thereunder including the penalties,
interest and cost. It shall not be necessary to make the de-
faulting taxpayer a party to any suit that may be brought against his surety or sureties.
Sec. 41. Taxes, Debts, Garnishment. All taxes are hereby made a personal debt of the person required hereunder to file the returns or to pay the taxes imposed hereby. The Commissioner may attach the property of a delinquent taxpayer on any ground provided by Code Section 8-101 or on the ground that the taxpayer is liquidating his property in an effort to avoid payment of the tax. The Commissioner may use garnishment to collect the tax imposed by this Act. Garnishment may be issued by the Commissioner in the same manner as is provided for the issuance of garnishment by tax collectors in Chapter 92-75 of the Code.
Sec. 42. Liens For Taxes. Liens for taxes, whether ad valorem, specific, or occupation, due the State, any county thereof, or municipal corporation therein, shall cover the property of taxpayers liable to tax, from the time fixed by law for valuation of the same in each year until such taxes are paid, and the property of tax collectors and their sureties from the time of giving bond until all the taxes for which they are responsible shall be paid. Such liens for taxes are hereby declared superior to all other liens, and shall rank among themselves as follows: first, taxes due the State; second, taxes due counties of the State; third, taxes due school or other special tax districts of the State; fourth, taxes due to municipal corporations of the State.

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781

Sec. 43. Failure to file returns or pay taxes. If any taxpayer or any responsible officer or agent of any taxpayer, required by law to file returns, reports or other information, or to pay taxes assessed by the Commissioner, shall fail to do so within the time specified by law, said persons shall be deemed to have waived any protest or appeal from said tax or assessment, and in addition thereto shall pay interest at one per cent (1%) per month for each month said tax remains delinquent. The tax, penalty and interest provided for in this section and in other sections of this Act may be collected by execution issued by the State Tax Commissioner and levied as now provided by law.

Sec. 44. Fraud. Any person who shall wilfully and with intent to defraud the State: (a) file any return, report, protest, or claim for refund containing any false or fraudulent statement, knowing the same to be false; (b) omit to state any fact, circumstance, condition or thing in any written document, the omission of which constitutes a material misstatement or misrepresentation of fact; or (c) by any trick, device, scheme, or plan evade or attempt to evade any tax, license penalty, interest or other amount due the State, shall be guilty of a misdemeanor and punished for such as provided by law.

Sec. 45. Appeal from Commissioner's Findings. The Commissioner's assessments shall not be reviewed except by the procedure hereinafter provided; no trial court shall have jurisdiction of proceedings to question such assessments. If any taxpayer shall be aggrieved by any assessment which the Commissioner may make, he may within thirty (30) days from the date when the assessment is finally made and notice thereof given file with the Board of Tax Appeals a petition for review. The request for review may be accompanied by a copy of the taxpayer's return as filed with the Commissioner and of any special accounting or other report thereon which the Commissioner may have made or required to be made, and shall accompany the said petition and record with payment of a fee to cover the cost of review. The cost of making the transcript of the record shall be borne by the aggrieved taxpayer, and the said fee shall be paid to the Commissioner to be applied to the expenses of maintaining the Commissioner's office. Both the

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Commissioner and the taxpayer shall have the right to introduce before the Board of Tax Appeals any evidence or data which said Board may rule to be pertinent or relevant, whether it was introduced originally before the Commissioner or not. The filing of any such petition shall not abate penalties for nonpayment unless such appeal is finally decided in favor of the taxpayer, nor shall it stay the right of the Commissioner to collect the tax which is admitted to be due, by any methods available to him under the law, unless the taxpayer shall furnish security of a kind and in amount satisfactory to the Commissioner. Where the Commissioner is required by law to certify to any county or municipal government of this State all or any part of an assessment or tax against any taxpayer, and the taxpayer disputes the correctness of said assessment or tax as determined by the Commissioner, the Commissioner is hereby directed to certify to said county and municipal government the value of the property of the taxpayer and/or the tax admitted by him in his return to be due, and after a final determination of the balance of said assessment or tax in dispute shall make a supplemental certification to said counties and municipal governments of the amount of the balance of said assessment or tax as may be finally determined. It shall be the duty of the taxpayer to pay, as required by law, any taxes that may be assessed by the State, county or municipal governments, both upon the original value as shown in his return as well as upon its supplemental value that may finally be determined as in this Act provided.
Sec. 46. Review of Board's Decisions. Jurisdiction of the Superior Court. The findings of fact by the Board of Tax Appeals shall be final; but either party may appeal by application for certiorari from any order, ruling, or finding of the said Board on apy question of law, to the Superior Court of the county of the residence of the taxpayer; except that in the case the taxpayer is a utility company or a non-resident, the application for certiorari of either party shall be made to the Superior Court of Fulton County, Georgia. The aggrieved party shall give notice of intention to apply for a writ of certiorari within ten (10) days after the certiorari has been entered, by filing a written notice to the Board with his intentions. The Board

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783

shall furnish to the aggrieved party so g1vmg notice (and in the case of a taxpayer, on payment of the cost of making the transcript) an original and copy of the proceedings had in connection with the matter of which the taxpayer or Commissioner complains. The record of said proceedings shall consist of any pleadings, orders, rulings, and findings of the Board together with a transcript of all evidence introduced at any hearing relative thereto or such portion of said pleadings, orders, rulings, and findings and evidence as the party prosecuting the appeal deems sufficient fully to present to the court the questions involved. The other party may have additional portions certified. The said records shall be certified by the secretary of the Board and shall be filed with the clerk of the Superior Court within thirty days from the date of notice given to the Board, at the same time the appellant shall file in the office of the clerk of the Superior Court a petition for a writ of certiorari. The procedure provided by law for applying for and granting certiorari to the court of Ordinary by the Superior Court shall apply as far as suitable to the application and writ authorized herein.
Before the Superior Court shall have jurisdiction to entertain such a petition from any aggrieved taxpayer, he shall file with the Commissioner a bond or other security satisfactory to the Commissioner conditioned to pay the amount of the additional
tax interest and cost finally adjudged to be due. It shall be
ground for dismissal of the petition for certiorari if the taxpayer fails to pay all taxes admittedly due upon the due date or dates as now, or hereafter, fixed by law. If the writ of certiorari shall be granted and if the order of the Board shall be affirmed by the court, the said taxpayer shall pay such tax, including penalties, interest and cost, assessed against him.
Sec. 47. Inter-State Comity. The courts of this State shall recognize and enforce liabilities for taxation lawfully imposed by other states which extend like comity.
Sec. 48. Laws Repealed. Chapter 92-60 relating to the arbitration of assessments, Chapter 92-61 relating to omitted and undervalued property, and Chapter 92-68 relating to procedure where no adequate assessment method is provided, of the Code of Georgia of 1933, are hereby repealed. All other

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laws and parts of laws in conflict with this Act, but only to the extent that they conflict with this Act, are hereby repealed. The laws, including Code sections, dealing with the authority, duties, and remedies relating to petroleum inspection, taxation and licenses of the Comptroller General, and with his supervision of local taxing authorities, are not repealed but are so far as consistent with this Act made applicable to the State Tax Commissioner.
The following committee amendments to the committee substitute to House Bill No. 27 were read and adopted:
By the Committee:
Messrs. Joel of Clarke and Beck and Reid of Carroll amend committee substitute to House Bill No. 27 by striking from Section 2 the figures $6,000.00 and substituting in lieu thereof the figures $4,800.00.
Messrs. Lanham of Floyd, MeNall of Chatham, Gross of Stephens, Carmichael of Cobb, Harris of Richmond, and Parker of Colquitt move to amend Section 3 of the committee substitute for House Bill No. 27 by inserting after the word "after" and before the word "notice" in line 4 of the printed copy of said substitute the words "ten days" and by inserting after the word "a" and before the word "hearing" the word "public" so that said sentence of said section as amended shall read: "The Governor may, after ten days notice and a public hearing, remove the said Commissioner from office for neglect of duty or misfeasance or malfeasance in office."
Messrs. Lanham of Floyd, MeNall of Chatham, Gross of Stephens, Carmichael of Cobb, Harris of Richmond, and Parker of Colquitt move to amend Section 4 of the committee substitute for House Bill No. 27 by striking the period at the end of said Section and adding the words "or State Department" so that said sentence 'of said Section shall read as follows:
"He is also vested with all the power and authority and required to perform all the duties relating to taxation and licenses heretofore vested in any state administrative officer or State Department."

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785

Messrs. Lanham of Floyd, McNall of Chatham, Gross of Stephens, Carmichael of Cobb, Harris of Richmond, and Parker of Colquitt move to amend Section 9 of the committee substitute for House Bill No. 27 by inserting after the word "proceeding" and before the word "shall" in line 2 of the printed copy of said substitute the following: "for the enforcement of this Act or for the collection of State Taxes."
Messrs. Lanham of Floyd, MeNall of Chatham, Gross of Stephens, Carmichael of Cobb, Harris of Richmond, and Parker of Colquitt move to amend Section 10 of the committee substitute for House Bill No. 27 by striking the words "nor shall such commitment be made to any county or other local official" from lines ten and eleven of the printed copy of said substitute.
Messrs. Lanham of Floyd, MeNall of Chatham, Gross of Stephens, Carmichael of Cobb, Harris of Richmond, and Parker of Colquitt move to amend Section 10 of the committee substitute for House Bill No. 27 by adding after the words "tax commission" in line 10 of the printed copy of said substitute the following words: "Provided, further that no other Department of the State Government may employ any person or persons to collect any fees, licenses or taxes or to inspect for the purpose of collecting such fees, licenses and taxes except where the authority to collect said licenses, fees or taxes has been expressly delegated to said Department by the Commission under the terms of this Section."
Messrs. Candler, Sams, and Turner of DeKalb move to amend committee substitute to House Bill No. 27 by adding to Section 11 on page 6 the following: "Provided, however, all employees engaged directly or indirectly in the assessment, investigation or collection of tax under this Act shall be employed upon a fixed salary basis and not upon a commission or contingent fee basis."
Messrs. Lanham of Floyd, McNall of Chatham, Gross of Stephens, Carmichael of Cobb, Harris of Richmond, and Parker of Colquitt move to amend Section 11 of the committee substitute for House Bill No. 27 by striking therefrom all of said Section except the first and last sentences of said Section so that said Section as amended shall read as follows:

786

JouRNAL OF THE HousE,

"Section 11. Authority to employ and discharge personnel. The State Tax Commissioner is hereby authorized to employ and discharge and fix the compensation of such personnel for office and field staff within the limitations of the appropriation as he may deem proper. The Commissioner is hereby authorized to organize his Department, assign his employees, and discharge the responsibilities incident to administration of the State Tax System in such manner as he may deem proper."
Messrs. Lanham of Floyd, MeNall of Chatham, Gross of Stephens, Carmichael of Cobb, Harris of Richmond, and Parker of Colquitt move to amend subsection (b) of Section 13 of the committee substitute for House Bill No. 27 by adding at the end of said subsection the following language:
"Provided, however, that the total of all such expenditures by
said Department for all purposes shall not exceed one (1 %) per
cent. of the total anticipated revenue for the State for each fiscal year as estimated by the Budget Bureau." .
Messrs. Lanham of Floyd, MeNall of Chatham, Gross of Stephens, Carmichael of Cobb, Harris of Richmond, and Parker of Colquitt move to amend Section 15 of the committee substitute for House Bill No. 27 by striking from the second and third lines of said Section from the printed copy of said substitute the words "effective at the close of business December 31, 1937" and by inserting in lieu thereof the words "effective upon the approval of this Act."
Mr. Houston of Worth moves to amend the committee substitute for House Bill No. 27 by striking the words" Secretary of State" from line 3 of Section 18 thereof and by inserting in lieu thereof the words "State Auditor."
Messrs. Lanham of Floyd, MeNall of Chatham, Gross of Stephens, Carmichael of Cobb, Harris of Richmond, and Parker of Colquitt move to amend Section 19 of the committee substitute for House Bill No. 27 by striking therefrom in line eight of the printed copy of said substitute beginning with the word "unless" the following language: "Unless it is accompanied by payment of the costs of the proceedings for review and" and by striking from said Section the last sentence thereof which reads as

WEDNESDAY, JANUARY 5, 1938.

787

follows: "The amount of costs shall be determined by the Board of Tax Appeals by formal standing order."
Messrs. Sams and Turner of DeKalb move to amend committee substitute to House Bill No. 27, Section 21, page 11 by striking the words "or certified public accountants."
Messrs. Lanham of Floyd, MeNall of Chatham, Gross of Stephens, Carmichael of Cobb, Harris of Richmond, and Parker of Colquitt move to amend Section 29 of the committee substitute for House Bill No. 27 by striking from Section 29 the last sentence thereof and by inserting in lieu thereof the following words: "For the purpose of this Section said notice shall be deemed to have been given if written notice is deposited in the mails registered and addressed to the taxpayer under the name and at the location shown upon the records in the office of the Commissioner. If no such record is on file said notice shall be by personal service."
Mr. Houston of Worth moves to amend the committee substitute to House Bill No. 27 in section 38 by striking the word 1 percent where it appears and inserting in lieu thereof 7 per cent per annum in paragraph 38.
Messrs. Lewis and Bargeron of Burke move to amend committee substitute to House Bill No. 27 as follows: By adding to Section 42 the following: Provided, however, that the lien for taxes imposed by the provisions of the Motor-Fuel Tax Law, approved March 18, 1937, Georgia laws 1937, pages 167-207, inclusive, shall not have priority as against. any bona fide mortgagee, holder or transferee of a deed to secure debt, pledgee, judgment creditor, or purchaser of or from persons liable for the tax imposed by said Act, where the rights of such mortgagee, holder or transferee of a deed to secure d!!bt, pledgee, judgment creditor or purchaser shall have attached prior to the time notice of such lien shall have been filed by the State Tax Commissioner in the office of the Superior Court of the county in which the principal place of business and the property of such person liable for payment of the Motor-Fuel Tax is located.
Messrs. Booth of Barrow, Marshall of Macon, and Bradley of Tattnall move to amend the committee substitute for House Bill

788

JouRNAL OF THE HousE,

No. 27, by striking Section 46 of said substitute and by inserting therefor the following to be numbered Section 46.
Section 46. Review of Board's Decisions. Jurisdiction of the Superior Courts. The findings of fact by the Board of Tax Appeals shall not be final; but either party may appeal from any order, ruling, or finding of the said Board to Superior Court of the county of the residence of the taxpayer. The appeal and necessary records shall be certified and transmitted by the chairman of the Board and shall be filed with the Clerk of the Superior Court within thirty (30) days from the date of judgment by the Board. The procedure provided by law for applying for and granting appeal from the court of ordinary to the Superior Court shall apply as far as suitable to the application and writ authorized herein.
Before the Superior Court shall have jurisdiction to entertain such appeal filed by any aggrieved taxpayer, such taxpayer shall file with the clerk of the Superior Court a writing whereby such taxpayer shall agree to pay on the date or dates the same shall become due all taxes for which such taxpayer has admitted liability and shall file with the Commissioner conditioned to pay all or so much of the tax the Board has found is owed but which the taxpayer denies liability for as shall be finally adjudged to be owed by the taxpayer together with interest and costs. It shall be ground for dismissal of the appeal if the taxpayer fails to pay all taxes admittedly owed upon the due date or dates as now or hereafter provided py law.
If the final judgment places upon the taxpayer any tax liability which he has not already paid, he shall pay the same on the due date or dates now or hereafter fixed by law if the tax or any of same has not become due on the date of said final judgment of court. And if the tax or any of same has already become due at the time of final judgment the taxpayer shall immediately pay the tax or so much thereof as has already become due with interest, and shall pay the court costs no matter whether the tax or any part of same has or has not become due at the time of said final judgment.
Mr. Booth of Barrow moves to amend substitute to House Bill

WEDNESOAY, jANUARY 5, 1938.

789

No. 27 by striking the word "certiorari" wherever the same appears and inserting in lieu thereof the word" appeal."
Messrs. Kirbo of Decatur and Carmichael of Cobb move to amend the committee substitute for House Bill No. 27 by adding thereto a new section to be appropriately numbered and to read as follows: "It is expressly provided, other provisions of this Act to the contrary notwithstanding, that no provision of this Act shall be construed so as to give the Commissioner any power to make assessments for ad valorem taxes nor to collect the same from any taxpayer, except for public utilities as now provided by law, nor to examine the books, records, inventories or business of any taxpayer for any purpose except for the purpose of determining liability for taxes collected directly by the Commissioner or assessed by the Comptroller General or the Revenue Commission under existing law."
Mr. Brooks of Oglethorpe moves to amend committee substitute to House Bill No. 27 by striking Section forty-eight (48) in its entirety.
Mr. Pilcher of Warren and Mr. Weaver of Bibb move to amend the committee substitute to House Bill No. 27 by adding the following paragraph to be appropriately numbered, as follows: Provided, however, that no member of the General Assembly shall be eligible to be appointed to the position of Tax Commissioner, nor to any other position in the State Tax Department until the term of office as such member of the General Assembly has expired.
Mr. Booth of Barrow moves to amend substitute to House Bill No. 27 by adding an appropriately numbered new section to read as follows: "That the tax commissioner have no authority to reject a county digest nor either raise or have authority to raise the digest, either in whole or in part."
The committee substitute, as amended, to House Bill No. 27 was adopted.
The report of the committee, which was favorable to the passage of the bill, by substitute, was agreed to, by substitute, as amended.

790

JouRNAL oF THE HousE,

On 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.:

Adams

Gavin

Allison

Goff

Ansley

Grayson

Bargeron

Gross

Barlow

Grubbs

Barnard

Hampton

Batchelor

Harrell of Brooks

Booth

Harris

Brewton

Harrison

Bridges

Harvey

Brooks of Oglethorpe Hastings

Brown of Greene

H8.Yes

Carmichael of Cobb

Hendrix

Carmichael of Randolph Hill of Clarke

Chappell

Hodges

Clark

Hogg

Clary

Hollis

Claxton

Holt

Clements

Houston

Cochran

Houze

Cogdell

Jackson

Coleman

Johnson

Corbett

Jones of Bartow

Croker

Jones of Dodge

Dampier

Jones of Jenkins

Daves

Key

Deal

Kirbo

Dean

Lanham

Dollar

Lanier

Douglass

Lewallen

Durden

Lewis

Ennis

:Mankin

Etheridge

ManrY

Ferguson

:Marshall

Field

:Martin

Fitts

:McCracken

Fowler

:McGehee

Freeman

:McGraw

Gammage

:McNall
:Milam Mlller :Moore of Baldwin :Moore of Lumpkin :Moore of Taliaferro :Mundy Newby Oden Perry Pirkle Pound Preston of Walton Rees Reid of Carroll Rountree Sanders Sapp Saunders Simmons Smith of :Muscogee Spence Sutton Swindle Tapp Tate Trapnell Trippe Turner VickerY Wall Ware Warnock Welsch Whaley Whipple Whitaker Wilson Yeomans

Those voting in the negative were Messrs.:

Barrett Blease

Bond Brooks of Jackson

Brown of Peach Candler

WEDNESDAY, jANUARY 5, 1938.

791

Cohen Coxon Culpepper of Fayette DeFoor Drinkard Dugas Dukes Edwards Erwin Evans GarY GuYton Hamby Hand Harden Herrin

Home Jones of Brantley Jones of Elbert Mavity McCravey Moore of Haralson Morgan Morris Moss Newton Palmour Peters Phillips Pilcher Ragan

Rawlins Reid of Wilcox Rowland Sabados Sartain Scruggs Smith of Dodge Smith of Henry Taunton Todd Walton Watkins Weaver Williams of Jones Zellner

Those not voting were Messrs.:

Almand Beck Bennett Bradley Campbell Culpepper of Mitchell Daughtry Davis Drake Dunn Ellington Elliott Flanders

Groover Harrell of Irwin Hart Herndon Hill of Screven Joel Keel Kendrick Larsen Leonard Middleton Musgrove

Parker Patten Peebles Preston of Bulloch Salter Sams Striplin Thomas Wages Warnell Williams of Bacon Mr. Speaker

The roll call was verified.

On the passage of the bill, by substitute, as amended, the ayes were 116, the nays 52.

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

The bill was ordered immediately transmitted to the Senate.

Mr. Sutton of Wilkes moved that the House do now adjourn until 9:30 o'clock tomorrow morning, and the motion prevailed.

Leaves of absence were granted to Messrs. Peters of Meriwether and Hollis of Morgan.

The Speaker announced the House adjourned until tomorrow morning at 9:30 o'clock.

792

JouRNAL OF THE HousE,

REPRESENTATIVE HALL, ATLANTA, GA.,
THURSDAY, jANUARY 6, 1938.
The House met, pursuant to adjournment, this day at 9:30 o'clock A. M., was called to order by the Speaker and opened with prayer by the Chaplain.
By unanimous consent, the call of the roll was dispensed with.
Mr. Dampier of Laurens, Acting Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
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 bills and resolutions.
5. First reading and reference of Senate bills and resolutions.
By unanimous consent, the following bills of the House were introduced, read the first time, and referred to the committees:
By Mr. Bennett of Ware-
House Bill No. 405. A bill to be entitled an Act to provide for holding four terms a year of the Superior Court of Ware County, and for other purposes.
i
Referred to Committee on Special Judiciary.

THURSDAY, jANUARY 6, 1938.

793

By Mr. Bennett of Ware-
House Bill No. 406. A bill to be entitled an Act to amend an Act to establish the City Court of Waycross, in the County of Ware, and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Field of Whitfield-
House Bill No. 407. A bill to be entitled an Act to amend the charter of the City of Dalton, in the County of Whitfield, and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Kendrick, Hastings, and Mrs. Mankin of Fulton-
House Bill No. 408. A bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, in the County of Fulton, and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Johnson of Chattahoochee and Douglass of Talbot-
House Bill No. 409. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding a certain road in Chattahoochee and Talbot Counties, and for other purposes.
Referred to Committee on Public Highways No.2.
By Messrs. Dollar of Grady, Hand of Mitchell, Ansley of Lee, Corbett of Atkinson, Holt of Appling, Harvey of Upson, McCravey of Union, Carmichael of Randolph, Dampier of Laurens, and others-
House Bill No. 410. A bill to be entitled an Act to amend the Code of Georgia of 1933 in reference to the fertilizer mspection tax, and for other purposes.
Referred to Committee on General Agriculture No. 1.
By Mr. Brooks of Oglethorpe-
House Bill No. 411. A bill to be entitled an Act to amend an

794

JouRNAL OF THE HousE,

Act entitled "Highway Mileage," by adding a certain road in Oglethorpe County, and for other purposes.
Referred to Committee on Public Highways No. 2.
By Mr. Batchelor of Putnam-
House Bill No. 412. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding two roads in Putnam County, and for other purposes.
Referred to Committee on Public Highways No.2.
By Mr. Carmichael of Randolph-.
House Bill No. 413. A bill to be entitled an Act to levy a tax on sales of chewing gum or any substitute thereof, and for other purposes.
Referred to Committee on Ways and Means.
By Messrs. Newby of Twiggs, Daughtry of Wilkinson, and Ennis of Baldwin-
House Bill No. 414. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding a certain road in Wilkinson, Twiggs, and Baldwin Counties, and for other purposes.
Referred to Committee on Public Highways No.2.
By Messrs. Daughtry of Wilkinson, Ennis of Baldwin, and Whipple of Bleckley-
House Bill No. 415. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding a certain road in Baldwin, Wilkinson, and Bleckley Counties, and for other purposes.
Referred to Committee on Public Highways No.2.
Mr. Brown of Greene 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

THURSDAY, jANUARY 6, 1938.

795

instructed me, as Chairman, to report the same back to the House with the following recommendations:
House Bill No. 387. Do pass. House Bill No. 391. Do pass. House Bill No. 392. Do pass. House Bill No. 400. Do pass. House Bill No. 404. Do pass.
Respectfully submitted, BROWN of Greene, Chairman.
Mr. Sartain of Walker County, Chairman of the Committee on Engrossing, submitted the following report: Mr. Speaker:
Your Committee on Engrossing has examined, found properly engrossed, and ready for transmission to the Senate, the following bills of the House, to-wit:
House Bills Nos. 344, 357, 364, 367, 368, 372, 373, 374, 27.
Respectfully submitted,
SARTAIN of Walker, Chairman.
Mr. Groover of Troup County, Chairman of the Committee on Enrolling, submitted the following report:
Mr. Speaker:
Your Committee on Enrolling has examined, found properly enrolled, and ready for transmission to the Governor, the following bills and resolution of the House, to-wit:
House Bills Nos. 107, 195, 215, 256, 329, 330.
House Resolution No. 99.
Respectfully submitted,
GRoOVER of Troup, Chairman.

796

JouRNAL OF THE HousE,

Mr. Grayson of Chatham County, Chairm11n of the Committee on Pensions, submitted the following report:
Mr. Speaker:
Your Committee on Pensions 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. 37-176a. Do pass.
Respectfully submitted,
GRAYSON of Chatham, Chairman.
Mr. Coleman 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 and resolution 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. 58. Do pass, as amended.
Senate Bill No. 28. Do pass.
House Resolution No. 84. Do not pass.
House Bill No. 403. Do pass, as amended.
Respectfully submitted, CoLEMAN of Lowndes, Chairman.
Mr. Freeman of Bibb 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:
House Bill No. 390. Do not pass.

THURSDAY, jANUARY 6, 1938.

797

House Bill No. 361. Do not pass.
House Bill No. 280. Do pass.
Respectfully submitted,
FREEMAN of Bibb, Chairman.
By unanimous consent, the following bills and resolutions of the House and Senate, favorably reported, were read the second time:
By Senators Pope of the 7th District, Atkinson of the 1st District, Allen of the 31st District, and Almand of the 50th District-
Senate Bill No. 28. A bill to be entitled an Act authorizing and empowering the chartering of corporations, revising corporation laws, and for other purposes.
By Mrs. Mankin and Mr. Hastings of Fulton-
House Resolution No. 37-176a. A resolution establishing service of Confederate Veterans and putting widows on pension rolls, and for other purposes.
By Senator Hardman of the 33rd District-
Senate Bill No. 58. A bill to be entitled an Act authorizing the State Purchasing Department to purchase all cigarette tax stamps, fertilizer tax tags and all other stamps of a tax nature, and for other purposes.
By Mr. Sams of DeKalb-
House Bill No. 280. A bill to amend Section 92-1002 of Code of Georgia of 1933, relating to tax on ice cream dealers, and for other purposes.
By Mr. Hodges of Liberty-
House Bill No. 387. A bill to be entitled an Act to abolish the office of Tax Collector of Liberty County, Georgia, and for other purposes.
By Mr. Musgrove of Clinch-
House Bill No. 391. A bill to be entitled an Act to amend

798

JouR;NAL OF THE HousE,

an Act creating a Board of Commissioners of Roads and Revenues for the County of Clinch, and for other purposes.
By Mr. Herrin of Echols-
Hause Bill No. 392. A bill to be entitled an Act to reduce the bond of the Sheriff of Echols County, Georgia, and for other purposes.
By Mr. Daughtry of Wilkinson-
House Bill No. 400. A bill to be entitled an Act to abolish an Act creating the County Court of Wilkinson, Georgia, and for other purposes.
By Messrs. Ennis and Moore of Baldwin-
House Bill No. 403. A bill to be entitled an Act to amend an Act relating to county or municipal fairs, in reference to the tax thereon, and for other purposes.
By Messrs. Weaver, Horne, and Freeman of Bibb-
House Bill No. 404. A bill to be entitled an Act providing for the listing of taxpayers in counties having a certain population, and for other purposes.
By unanimous consent, the following bill of the House was read the third time and placed upon its passage:
By Mr. Trapnell of Candler-
House Bill No. 377. A bill to be entitled an Act to fix the amount of the bond of the Sheriff of Candler 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 103, the nays 0.
The bill having received the requisite constitutional majority was passed.
The following resolution of the Senate was read and referred to the Committee on Rules:

THURSDAY, jANUARY 6, 1938.

799

By Senator Burgin of the 24th District-
Senate Resolution No. 40. A resolution requesting the House to give immediate consideration to Senate Bill No. 73.
The following resolution of the Senate v.as read and adopted:
By Senators Millican of the 52nd District and Lindsay of the 34th District-
Senate Resolution No. 33. A resolution naming a committee of two members of the Senate and three members of the House to cooperate with local interests in securing a National Park for the Atlanta battlefield areas, and for other purposes.
Mr. Lanham of Floyd arose to a question of personal privilege and addressed the House.
The following bill of the House was placed on the calendar for the purpose of considering the unfavorable report of the committee:
By Mr. Dugas of White-
House Bill No. 390. A bill to be entitled an Act to levy a tax upon electrical current, natural or artificial gas, and long distance telephone calls, and for other purposes.
Mr. Evans of McDuffie arose to a question of personal privilege and addressed 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 and resolutions of the Senate and House, to-wit:
By Senators Purdom of the 46th District, Atkinson of the 1st District, and Lindsay of the 34th District-
Senate Bill No. 79. A bill repealing Code Section 77-503 and amending Section 77-504 relative to the applications for parole, and for other purposes.

800

JouRNAL OF THE HousE,

By Senators Burgin of the 24th District, Neely of the 36th District, and Whitehead of the 30th District-
Senate Bill No. 50. A bill increasing the members of the Milk Control Board to seven, and for other purposes.
By Messrs. Palmour and Phillips of Hall-
House Resolution No. 29-128b. A resolution proposing an amendment to the Constitution authorizing the City of Gainesville to refund certain bonded debts, and for other purposes.
By Messrs. Allison and Tapp of Gwinnett, Mrs. Mankin and Messrs. Kendrick and Hastings of Fulton, and Messrs. Candler, Sams, and Turner of DeKalb-
House Resolution No. 64-298b. A resolution naming State Highway No. 13 by Norcross as "The Bona Allen Memorial Highway," and for other purposes.
By Messrs. Smith and Jones of Dodge-
House Bill No. 232. A bill amending the Constitution so as to authorize the City of Eastman to issue refunding bonds, and for other purposes.
By Messrs. Harris and Lanier of Richmond-
House Bill No. 289. A bill authorizing any county having a certain population to set up zoning and planning laws, and for other purposes.
By Mr. Key of Jasper-
House Bill No. 308. A bill prohibiting the licensing of game or bird traps in the County of Jasper, and for other purposes.
By Mr. Holt of Appling-
House Bill No. 311. A bill amending the Constitution so as to authorize the City of Baxley to refund indebtedness, and for other purposes.
By Mr. Zellner of Monroe-
House Bill No. 313. A bill to amend an Act codifying the Acts incorporating the City of Forsyth, and for other purposes.

THURSDAY, JANUARY 6, 1938.

801

By Mr. Ragan of Pulaski-
House Bill No. 326. A bill amending the charter of the City of Hawkinsville, and for other purposes.
By Mr. Patten of Cook-
House Bill No. 342. A bill amending the Constitution so as to allow the Town of Sparks to incur a bonded indebtedness, and for other purposes.
By Mr. Patten of Cook-
House Bill No. 143. A bill amending the Constitution so as to authorize the refunding of bonds of the City of Adel, and for other purposes.
By Messrs. Freeman and Weaver of Bibb-
House Bill No. 148. A bill amending the Constitution so as to authorize the City of Macon to make temporary loans, and for other purposes.
By Mr. Newton of Toombs-
Hause Bill No. 162. A bill amending the Constitution so as to authorize the City of Vidalia to incur additional bonded indebtedness, and for other purposes.
By Mr. Larsen of Laurens-
House Bill No. 183. A bill amending the Constitution so as to authorize the City of Dublin to incur a bonded indebtedness, 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, as amended, of the House, to-wit:
By Mr. Ragan of Pulaski-
House Bill No. 325. A bill amending the charter of the City of Hawkinsville, and for other purposes.

802

JouRNAL OF THE Hotrst,

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 Patten of the 6th District-
Senate Bill No. 47. A bill amending Section 1 of Article VIII of the Constitution, and for other purposes.
By Senators Purdom of the 46th District, Atkinson of the 1st District, and Lindsay of the 34th District-
Senate Bill No. 63. A bill providing that in all criminal sentences and records the words "public work camp" shall be used in lieu of the words "chain gang," and for other purposes.
By Senators Purdom of the 46th District, Atkinson of the 1st District, and Lindsay of the 34th District-
Senate Bill No. 64. A bill providing that in all cases in which a defendant is sentenced to electrocution the trial judge must direct that the sentence be executed by the State Board of Penal Administration; to provide an effective date for this Act; and for other purposes.
By Senators Purdom of the 46th District, Atkinson of the 1st District, and Lindsay of the 34th District-
Senate Bill No. 65. A bill amending an Act relating to exofficio members of the State Prison Commission, by abolishing ex-officio members, and for other purposes.
By Senators Purdom of the 46th District, Atkinson of the 1st District, and Lindsay of the 34th District-
Senate Bill No. 67. A bill defining procedure in the trial of certain criminal cases, also authorizing the trial judge to suspend sentence or probate the defendant, and for other purposes.
The following report of the Committee on Rules was submitted, read, and adopted:
Mr. Speaker:
Your Committee on Rules having had under advisement the

THURSDAY, jANUARY 6, 1938.

803

fixing of a calendar for January 6th, 1938, do report that the following calendar be established as a special and continuing order of business immediately following the consideration of House Bill No. 16 known as Rolling Store Tax.
1. House Resolution No. 37-176a. Relating to confederate penstons.
2. House Bill No. 196. Liquor Bill.
3. House Bill No. 78. Insurance Bill.
4. Senate Bill No. 10. Eminent Domain.
5. House Bill No. 240. Exemption of counties from fuel tax.
6. House Bill No. 188. Wine Bill.
7. House Bill No. 202. Flint River Bridge.
8. House Bill No. 126. Agreements with other states.
9. House Bill No. 51. Inheritance Tax.
Respectfully submitted,
SuTTON of Wilkes, Vice-Chairman.
The following resolution of the House was taken from the table and adopted:
By Messrs. Lewis and Bargeron of Burke--
House Resolution No. 102. A resolution requesting information of certain affairs of the State Department of Public Welfare, and for other purposes.
The following resolution of the Senate was taken up for the purpose of considering the Senate disagreement to the House amendment thereto:
By Senator Chason of the 8th District-
Senate Resolution No. 11. A resolution proposing an amendment to the Constitution, permitting the General Assembly to delegate to any county the right to levy a tax for the purpose of furnishing medical or other care and hospitalization for the indigent sick people of the county, and for other purposes.

804

JouRNAL OF THE HousE,

The House insisted on its amendment, and the Speaker appointed as a Committee of Conference, on the part of the House, to confer with a like committee, to be appointed on the part of the Senate, the following members:
Messrs. Kendrick of Fulton,
Drake of Seminole, and
Hayes of Miller.
Mr. Blease of Brooks arose to a question of personal privilege and addressed the House.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:
Mr. Speaker:
The Senate insists upon its disagreement to the House amendment to Senate Resolution No. 11, and the President has named as a Committee of Conference, on the part of the Senate, to confer with a like committee of the House the following members of the Senate, ta-wit:
Senator Millican of the 52nd District,
Lindsay of the 34th District, and
Chason of the 8th District.
Under the order of business established by the Committee on Rules, the following bill of the House was taken up for consideration and read the third time:
By Mr. Corbett of Atkinson-
House Bill No. 161. A bill to be entitled an Act to provide for the levy of an occupation or license tax or fee, for State purposes, on persons operating or doing business from rolling stores, and for other purposes.
The following substitute to House Bill No. 161 was read:
By Mr. Corbett of Atkinson-

THURSDAY, jANUARY 6, 1938.

805

A BILL
To be entitled an Act to provide for the levy of an occupation, or license tax or fee, for State purposes, on persons operating or doing business from rolling stores; to define the terms "rolling Store" and "motor vehicle" as used in this Act; to prescribe the amount of the tax to be levied for each and every rolling store operated in each and every county; to provide that the tax or license fee levied by this Act shall be in addition to all other taxes levied under existing laws; to provide exemptions from the payment of the tax or license fee levied by this Act, and exceptions from the provisions of this Act; to require the State Revenue Commission to collect the tax or license fee levied by this Act and upon payment to issue permits to persons making payment of such tax; to provide for the enforcement of this Act by the issuance of executions and for defenses thereto; to provide that the operation of a rolling store in any county of the State without paying the tax shall be a misdemeanor and prescribe punishment therefor; to designate the effective date of this Act; to repeal all conflicting laws; and for other purposes.
Be it e~acted by the General Assembly of Georgia and it is hereby enacted by authority of the same:
Section 1. That by reason of the advantages accruing from the operation of what is generally known as "rolling stores" over the highways of the State of Georgia and because of the basic differences inherent in the manner and character of conducting and operating business from or by means of such rolling stores, as defined by this Act, there shall be and is hereby levied upon every person, firm, co-partnership, corporation, joint stock company, trust, and/or association of persons engaged in the business of operating rolling stores from or at which goods, wares, merchandise or commodities of any kind or description are sold or offered for sale at retail an annual license tax or fee in the amount of $200.00 for each rolling store so operated or conducted in each and every county of the State; that is to say, that if such rolling store is operated in only one county the tax or fee shall be $200.00 and if operated in more than one county the tax shall be the amount of$200.00 for each county in which such rolling store may be operated.

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Sec. 2. DEFINITIONS. The term "rolling store" as used in this Act shall be held to mean and include a motor vehicle of any kind or description traveling from place to place over the public roads and highways of the State of Georgia transporting goods, wares, merchandise, or other commodities and from or at which such goods, wares, merchandise or other commodities so transported are sold or offered for sale at retail or are changed for goods, wares, or produce of any kind or character whatsoever.
The term "motor vehicle" as used in this Act shall mean and include any vehicle, machine, tractor, trailer, or semi-trailer, propelled or drawn by mechanical power.
Sec. 3. The license tax or fee prescribed by this Act shall be levied in addition to ad valorem taxes, and any other tax or license fees prescribed, levied or exacted under existing laws.
Sec. 4. A disabled or indigent Confederate veteran, or veteran of the Spanish-American War, or late European War, or blind person who is a resident of this State, shall be exempt from the terms and provisions of this Act and shall be entitled without the payment of the tax herein levied, to operate a rolling store as herein defined and to sell goods, wares, merchandise or commodities therefrom, provided his physical handicap is such as to bring him within the meaning and purview of Section 84-2011 Georgia Code 1933 as amended by the Act of the General Assembly of Georgia approved March 15, 1935 (Georgia Laws 1935, pages 163-166) and provided a certificate has been issued to him by an ordinary of this State and the State Revenue Commission of Georgia as provided by said Section 84-2011 Georgia Code 1933 as amended by the Act aforesaid and provided further that such disabled veteran shall personally and individually own, conduct, control and operate such store. The exemption herein provided shall not be held to extend to the operation or conducting of such rolling store by any disabled or indigent veteran by, and through, more than one person acting either as agent, employee, or representative of said exempted class.
Se:C. 5. There is expressly excluded from the provisions of this Act vehicles used exclusively for the sale or delivery of ice; vehicles used exclusively in the delivery or sale of milk, butter, cheese, ice cream or other dairy products or malt beverages, ve-

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hides used exclusively in the sale or delivery of soft drinks, vehicles used exclusively in the sale or delivery of bread and other bakery products, salted nuts, potato chips, sandwiches and candy; vehicles used exclusively in the sale or delivery of meats derived from animal products; vehicles used exclusively in the sale and delivery of spices, extracts, medicines, insecticides, stock and poultry preparations, toilet preparations, and disinfectants.
Sec. 6. It shall be the duty of the State Revenue Commission to collect the tax or license fee prescribed by the terms of this Act and every person proposing to engage in the business of operating a rolling store or rolling stores as defined by this Act and not excepted or exempted from the provisions hereof, shall before engaging in such business file application with the Revenue Commission of the State of Georgia for a permit so to do and shall pay the tax prescribed by this Act and said Commission shall be authorized to issue executions against all persons in default in the payment of such tax as prescribed in Section 92-7301, Georgia Code of 1933, which shall be enforced as prescribed by said section and shall be subject to defenses as therein provided.
Sec. 7. Any person who shall in the State of Georgia operate or conduct a rolling store or rolling stores in any county thereof without paying the tax levied by the terms of this Act shall be guilty of a misdemeanor and upon conviction in any court of the State of Georgia having jurisdiction shall be punished as prescribed in Section 27-2506, Georgia Code of 1933.
Sec. 8. This Act shall take effect immediately upon its passage and approval.
Sec. 9. That all laws and parts in conflict with this Act be and the same are hereby repealed.
Mr. Joel of Clarke moved to table the bill, and the motion was lost.
Mr. Hart of Coweta moved the previous question, the motion prevailed, and the main question was ordered.
The following amendment was read:
Mr. Brewton of ltvans moves to amend substitute to House Bill No. 161 (1) by striking the figures $200.00 in line ten of Sec-

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tion 1 and inserting in lieu thereof the figures $100.00, (2) and by striking all of Section 1 after the word" conducted" in line eleven of said section and inserting in lieu thereof the words "in the State."
Mr. Jones of Brantley moved to table the bill, and the motion was lost.
Part 1 of the above amendment was adopted.
Part 2 of the above amendment was lost.
An amendment offered by Mr. Swindle of Berrien was ruled out of order.
An amendment offered by Messrs. Trippe of Polk and Pound of Hancock was ruled out of order.
An amendment offered by Messrs. Trippe of Polk, Barlow of Colquitt, and Dukes of Washington was ruled out of order.
An amendment offered by Messrs. Trippe of Polk, Barlow of Colquitt, and Dukes of Washington was ruled out of order.
An amendment offered by Mr. Jones of Brantley was ruled out of order.
An amendment offered by Messrs. Cogdell of Glynn and Pound of Hancock was ruled out of order.
Mr. Pound of Hancock moved that the House recbnsider its action in adopting Part 1 of the amendment offered by Mr. Brewton of Evans, and the motion to reconsider was lost.
The following amendment was read and adopted, after being corrected by the authors, by unanimous consent:
Messrs. Harrell of Brooks and Dollar of Grady move to amend substitute House Bill No. 161 as follows: By striking from line 9 in Section 4 after the words and figures pages 163-166 the following language: "Provided a certificate has been issued to him by an Ordinary of the State and the State Revenue Commissioner of Georgia as provided in Section 84-2011 of the Georgia Code of 1933 as amended by the Act aforesaid" and inserting in lieu thereof the following provision: "Provided a certificate of exemption has been issued to him by an Ordinary in the county of

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809

residence of the veteran applying for such exemption and the State Revenue Commissioner of Georgia as provided by law.
The following amendment was read and adopted:
Mr. Field of Whitfield moves to amend House Bill No. 161 by adding to Section 5 thereof the following sentence: "Vehicles used exclusively in the sale and delivery of tobacco and its products."
The following amendment was read and adopted:
Messrs. Campbell of Newton, Morgan of Troup, Durden of Dougherty, Cogdell of Glynn and Trippe of Polk move to amend committee substitute for House Bill No. 161 by adding after the word "Beverages" in line (four) 4, Section 5, the following: "Vehicles used exclusively in the sale or delivery of petroleum products," "vehicles used exclusively in the sale or delivery of farm products grown and offered for sale by farmers of this State."
An amendment offered by Mr. Adams of Franklin was ruled out of order.
An amendment offered by Mr. Todd of Glascock was ruled out of order.
An amendment offered by Mr. Spence of Ware was read and lost.
The following amendment was read and adopted:
Mr. Watkins of Butts moves to amend House Bill No. 161 by adding the word "cripple" be added after -the word "blind" in Section 4.
An amendment offered by Messrs. Whaley of Telfair and Smith of Dodge was lost.
An amendment offered by Mr. Trippe of Polk was ruled out of order.
An amendment offered by Mr. Allison of Gwinnett was lost.
Mr. Yeomans of Wayne offers to amend substitute to House Bill No. 161 by adding the following at the end of Section (4) four: "Provided, however, that a blind person or a veteran with

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a physical handicap which makes him incapable of operating a motor vehicle or rolling store may employ one helper to accompany and aid him in the operation of said vehicle or rolling store."

Messrs. Ennis of Baldwin and Lanier of Richmond amend by adding immediately before repealing clause a new paragraph to be appropriately numbered to read: "Section 11. The revenue derived from this Act, less 1% thereof which is appropriated and set aside for enforcement, is hereby specifically appropriated to the State Department of Public Welfare or whatever board or bureau may be created as its successor, to be used for the purpose of constructing, repairing and maintaining buildings and grounds, purchasing equipment, such as furniture and fixtures, and materials and labor to be used in construction and repair of buildings and grounds for the State eleemosynary institutions. This allocation and appropriation of funds is made in addition to any fixed sum appropriation or allocation made in any appropriations Act now effective, or which becomes effective in the future, and shall in no event be construed as included in any fixed sum appropriation to the State Department of Public Welfare, or its successor."

An amendment offered by Messrs. Trippe of Polk and Pound of Hancock was ruled out of order.

The substitute to House Bill No. 161, as amended, was adopted.

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

On 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.:

Adams Ansley Barlow Barnard Batchelor Blease Booth Brown of Peach Campbell Oandlet

Carmichael of Cobb

Davis

Carmichael of Randolph Deal

Clary

DeFoor

Claxton

Dollar

Cochran

Douglass

Coleman

Drake

Corbett

Dugas

Coxon

Durden

Croker

Edwards

Daves

Elliott

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811

Ennis Etheridge Ferguson Field Fitts Fowler Freeman Gammage
Gary
Grayson. Grubbs Hamby Hampton Hand Harrell of Brooks Harris Harvey Hastings Hayes Hogg Horne Houston Houze Jones of Bartow Jones of Dodge

Jones of Elbert Jones of Jenkins Keel Kendrick Key
Kirbo Lanier Mankin Marshall McGraw Milam Miller Moore of Baldwin Moore of Lumpkin Moore of Taliaferro Morgan Moss Musgrove Newton Palmour Preston of Walton Ragan Rawlins Reid of Carroll

Rountree Rowland Sabados Sams Sanders Sapp Saunders Scruggs Simmons Smith of Heill'Y Smith of Muscogee Spence Sutton Swindle Tate Thomas Turner Vickery Walton Warnock Watkins Welsch Whitaker Mr. Speaker

Those voting in the negative were Messrs.:

Allison Barrett Beck Bond Bradley Brewton Bridges Brown of Greene Olark Clements Cohen Culpepper of Fayette Daughtry
Dean Drinkard Dukes Dunn

Evans Gavin Goff Harrell of Irwin Harrison Joel Johnson Jones of Brantley Lewis Maill'Y McGehee McNall Moore of Haralson Morris Mundy Newby Pilcher

Pound Rees Salter Sartain Smith of Dodge Taunton Todd Trapnell Trippe
Wall Ware Whaley Whipple Williams of Bacon Williams of Jones Wilson Zellner

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Those not voting were Messrs. :

Almand Bargeron Bennett Brooks of Jackson Brooks of Oglethorpe Chappell Cogdell Culpepper of Mitchell Dampier Ellington Erwin Flanders Gross Groover GuYton Harden Hart

Hendrix Herndon Herrin Hill of Olarke Hill of Screven Hodges Hollis Holt Jackson Lanham Larsen Leonard Lewallen Martin Mavity
McCracken McCravey

Middleton Oden Parker Patten Peebles PerrY Peters Phillips Pirkle Preston of Bulloch Reid of Wilcox Striplin Tapp Wages Warnell Weaver Yeomans

The roll call was verified.

On the passage of the bill, by substitute, as amended, the ayes were 103, the nays 51.

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

Mr. Brewton of Evans gave notice, that at the proper time, he would move that the House reconsider its action in passing House Bill No. 161.

Mr. Carmichael of Cobb arose to a question of personal privilege and addressed the House.

Mr. Rees of Webster arose to a question of personal privilege and addressed the House.

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

Mr. Speaker:

The Senate has adopted the report of the Conference Committee on the following resolution of the Senate, to-wit:

By Senator Chason of the 8th DistrictSenate Resolution No. 11. A resolution proposing to the

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813

qualified voters of the State of Georgia for ratification or re-
jection, an amendment to Article VII, Section VI, Paragraph II, of the Constitution of Georgia, permitting the General As-
sembly to delegate to any county the right to levy a tax for the purpose of furnishing medical or other care and hospitalization for the indigent sick people of the county, and for other purposes.
The following report of the Committee of Conference on Senate Resolution No. 11 was submitted and read:
January 6, 1938. HaN. JoHN B. SPIVEY, President,
State Senate.
HaN. RoY V. HARRis, Speaker
House of Representatives.
Your Committee on Conference on Senate Resolution No. 11 recommend that both House and Senate recede from their position on House Amendment and in lieu thereof that the following be adopted:
Amend Senate Resolution No. 11, Section 1, Paragraph 2, line 13 by striking the words "one mill" and substituting in lieu thereof the words "one and one-half mills."
MILLICAN of the 52nd District,
LINDSAY of the 34th District,
CHASON of the 8th District.
On the part of the Senate.
KENDRICK of Fulton,
DRAKE of Seminole,
HAYES of Miller.
On the part of the House.
On the adoption of the report, the ayes were 116, the nays 0.
The report was adopted.

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Mr. Sutton of Wilkes moved that the House recess for one hour.
Mr. Booth of Barrow moved that the House do now adjourn.
Mr. Joel of Clarke moved that the House do now adjourn until 9:30 o'clock tomorrow morning.
The motion to adjourn was lost.
The motion to adjourn until 9:30 tomorrow morning was lost.
The motion to recess prevailed, and the Speaker announced the House recessed until2:00 o'clock P.M., this day.
2:00 o'clock P.M.
The Speaker called the House to order. By unanimous consent, Senate Bill No. 28 was ordered printed. The following resolution of the House was read and adopted:
By Messrs. Goff of Tift and Harrell of BrooksHouse Resolution No. 108. A resolution extending the
sympathy of the House to Hon. W. F. Patten of Cook, in the illness of his wife, and wishing for her a speedy recovery, and for other purposes.
Under the order of business established by the Committee on Rules, the following bill of the House was taken up for consideration and read the third time:
By Mr. Thomas of ChattoogaHouse Bill No. 196. A bill to be entitled an Act to be known
as the "Alcoholic Beverage Control Act," and for other purposes.
The following committee substitute to House Bill No. 196 was read:
By the CommitteeHouse Bill No. 196.
By Mr. Thomas of Chattooga-
A BILL To be entitled an Act to be known as "Revenue Act to Control

THURSDAY, jANUARY 6, 1938.

815

Alcoholic Beverages and Liquors," to provide for a tax on alcoholic beverages and spirituous liquors not now taxed, and for the control, manufacture, importation, distribution and sale in certain counties of such alcoholic beverages and liquors; to amend Title 58 of the official Code of Georgia of 1933, by adding a Paragraph to be numbered 58-124; and to add a new Paragraph to the official Code of Georgia of 1933 to Chapter 58, same to be known as Section 58-305; and to provide what license taxes shall be paid by those persons procuring a license under this Act; to provide for the issuance of licenses and cancellation of the same; and for requirements and conditions precedent to procuring a license, and for rules and regulations to carry this Act into effect; to allocate all funds collected under this Act; and for other purposes.
Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same:
Section 1. That on and after the passage of this Act the official Code of Georgia, Title 58, be, and the same is, hereby amended by adding a new Section 58-124, which shall read as follows:
"58-124. The General Assembly of Georgia may from time to time pass measures taxing spirituous liquors in such counties as the General Assembly may designate, and in such cases the limitations and restrictions of this Chapter shall not apply to those counties in which the General Assembly has levied a tax on spirituous liquors."
Sec. 2. That on and after the passage of this Act the official Code of Georgia, Title 58, be, and the same is, hereby amended by adding a new Section 58-305, which shall read as follows:
"58-305. Provided, that nothing set out in Chapters 58~1, 58-2, 58-3 of this Code shall apply in those counties in which the General Assembly may levy a revenue tax on the sale of alcoholic beverages and liquors."
Sec. 3. This Act shall be known as the "Revenue Tax Act to Control Alcoholic Beverages and Liquors."
Sec. 4. The license hereinafter provided for and the tax levied on the manufacture, sale and distribution of distilled

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JOURNAL OF THE HousE,

spirits and alcohol as authorized by this Act is hereby authorized only in those counties having a population of 50,000 or more according to the United States census of 1930.
Sec. 5. (a) The words "Spirituous Liquors," or "Distilled Spirits," mean any alcoholic beverage containing alcohol obtained by distillation, mixed with water or other substances in solution, and includes brandy, rum, whiskey, gin, cordials, or other spirituous liquors by whatever name called, to include fortified wines as defined by Federal Alcohol Administration, but nothing in this Act shall prohibit the sale of wines from natural fermentation of fruits, berries and other products.
(b) The word "Alcohol" means the product of distillation of any liquid, whether rectified or dilated, whatever may be the origin thereof, and shall include synthetic ethyl alcohol.
(c) The word "Person" means and includes any individual, partnership, corporation, or association.
(d) The word "Manufacturer" means any person engaged in manufacturing, distilling or rectifying or blending any alcoholic beverage, distilled spirits or alcohol.
(e) The word "Wholesaler" or "Wholesale Distributor" means any person engaged in distribution or selling to retailers for the purpose of resale any of the distilled spirits or alcohol as defined in this Act.
(f) The words" Retailer," or" Retail Distributor," mean any person engaged in selling at retail any distilled spirits or alcohol for beverage purposes in unbroken packages.
Sec. 6. This Act shall be administered by the State Revenue Commission of Georgia. No employee of the State Revenue Commission, directly or indirectly, shall have any interest whatsoever in manufacturing, selling, transporting, distributing, storing or otherwise dealing in alcoholic beverages. Upon proof of any such employee being shown, such employee shall immediately be dismissed from service and not be permitted to serve again with said Revenue Commission.
Sec. 7. The State Revenue Commission shall have the following powers:

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817

(a) To try any of its employees and to punish them as provided for in Section 6, if found guilty.
(b) To issue or refuse to issue any license provided for by this Act; to refuse to issue any license under this Act to any person, firm or corporation which is known to the Commission to have heretofore been engaged in the illegal sale of distilled spirits and alcohol.
(c) To revoke, suspend, or cancel for cause after hearing any license issued by it under authority of this Act.
(d) To provide forms for application for licenses and of all reports which it deems necessary administering the same.
(e) To fix standards not in conflict with those prescribed by the laws of this State and of the United States.
(f) To issue rules and regulations governing all advertising within this State of distilled spirits.
(g) To issue rules and regulations not inconsistent with the federal laws or regulations requiring informative labeling of all distilled spirits offered for sale hereunder.
(h) To adopt and promulgate, repeal and demand such rules, regulations, standards, requirements and orders not inconsistent with this Act or any law of this State or of the United States as it may deem necessary to control the manufacture and sale of distilled spirits and alcohol in accordance with the provisions of this Act.
(i) The State Revenue Commission shall, on the first day of January of each and every year after this Act goes into effect, prepare a detailed report of its operations, which shall be submitted to the Governor of this State; and also to each member of the General Assembly upon the convening thereof in regular session.
G) Agents and inspectors appointed by the State Revenue Commission for the enforcement of this Act are hereby empowered and authorized to enter upon the premises of any person licensed under the provisions of this Act at any time during business hours for the purpose of inspecting said premises and shall have

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access during such inspection to all books, records, and supplies relating to the manufacture and sale of alcoholic beverages.
Sec. 8. No person shall within the State of Georgia manufacture, keep for sale or sell any distilled spirits without first having obtained a license as provided in this Act, provided, however, that nothing herein contained shall prevent solicitors from within or without this State taking orders for delivery as provided as follows:
(a) No distilled spirits intended for sale shall be imported, shipped or brought within the State of Georgia for delivery to any person except the holder of a Wholesaler's or Manufacturer's license.
(b) No wholesaler licensed under this Act shall sell to any person within the State of Georgia unless such person be the holder of a Wholesaler or Retailer license.
(c) No retailer within this State shall purchase distilled spirits from any person other than the holder of a Wholesaler's, or Retailer's license issued by the State Revenue Commission of Georgia.
(d) No manufacturer of any distilled spirits shall sell or distribute the same within this State to any person other than a licensed Wholesaler or Manufacturer.
Sec. 9. Licenses which may be issued under authority of this Act shall be as follows:
(a) MANUFACTURERS: A manufacturer's license shall authorize the holder thereof to operate a distillery for the production of alcohol or distilled spirits at the premises designated in the license. Such license shall authorize the operation of a rectifying plant. Such license shall authorize the sale of distilled spirits or alcohol in bulk to other distillers or rectifiers and shall require that sales to holders of Wholesaler licenses shall be in sealed containers. The annual fee for this license shall be One Thousand Dollars ($1,000.00), which sum may be reduced to one-half for a license issued on and after August 1st of each year. Said licenses shall be payable each year on or before the first day of January.

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(b) WHOLESALERS: A Wholesaler's license shall authorize the holder to engage in the sale of distilled spirits at wholesale, by selling to the holder of a Wholesale license or to the holder of a Retail license for the purpose of resale. Said license fee shall be Five Hundred Dollars ($500.00) annually, which may be reduced to one-half for licenses issued on and after August 1st of each year. Said licenses shall be renewed annually on or before the first day of January.
(c) RETAILERs: A Retailer's license shall authorize the holder to sell only in the original and unbroken package or packages, which package or packages shall contain not less than onehalf pint of distilled spirits or alcohol each, and shall not permit the breaking of said package or packages on the premises where sold, and shall not permit the drinking of the contents of said package or packages on the premises where sold. No Retailer's license shall be granted until the applicant has exhibited a license granted by the municipality, and such municipalities as are located in counties where the manufacture, sale and distribution of distilled spirits and alcohol is legalized, shall be authorized to issue its license or permit within the provisions of this Act only, provided that such municipality shall never charge or receive for its license or permit a sum in excess of that fixed by this Act or the Revenue Commission as the license fee for retailers. No license or permit shall be issued by the State Revenue Commission or any other body authorizing the sale of distilled spirits or alcohol to be sold outside the corporate limits of a town or city in a county or counties where the sale of such has been legalized. The Revenue Commission shall be limited in the issuance of licenses to one license for each 5,000 population or greater part thereof in any county. The holder of any license or permit issued by any municipality or town shall constitute no right to such licensee to acquire a license from the State Revenue Commission, but shall only be evidence of the fact that such municipality or town government approves the person holding such license or permit.
Fifty Dollars ($50.00) shall be the annual fee for a Retailer's license, which fee may be reduced to one-half for licenses issued on and after August 1st of each year. Said retail licenses shall be renewed annually on or before the first day of January.

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(d) No person, firm, or corporation, association, partnership, or any other business, including hotels, restaurants, clubs, or any other public place shall be permitted to sell or offer for sale or to give or distribute alcoholic beverages in broken packages or any mixed drinks on the premises owned, controlled, or operated by any such person, firm, corporation, partnership, or any other business, including hotels, clubs, restaurants, or any other public places.
(e) No license shall be granted any person by the State Revenue Commission for any of the above purposes unless and until this Act has been adopted in the county of said business application, and until this Act has been adopted in conformity with the provisions herein set forth.
(f) All persons holding licenses under this Act shall display the same prominently at all times on the premises for which same was issued.
Sec. 10. Before any license is granted, applicant must file with the Revenue Commission, corporate surety bond in a surety company licensed to do business in the State of Georgia, conditioned to pay all taxes due the State of Georgia, in amounts as follows:
Distillers-Ten Thousand ($10,000.00) Dollars; WholesalersFive Thousand ($5,000.00) Dollars; Retailers-Twenty-five Hundred ($2500.00) Dollars; said bonds to be approved by the Revenue Commission and shall be executed on forms as may be prescribed by said Commission.
Said bonds shall be of form prescribed by the State Revenue Commission and shall be conditioned, among other things, that the applicant when granted a license to sell distilled spirits and alcohol, shall pay all sums due the State and comply with all the rules and regulations governing the sale of distilled spirits or alcohol, and such other conditions as the State Revenue Commission may require in its rules and regulations.
Sec. 11. There shall be levied and collected on all distilled spirits imported into the State of Georgia a tax of One Dollar ($1.00) per wine gallon, and on all alcohol imported into the State of Georgia a tax of Two Dollars ($2.00) per wine gallon,

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and a proportionate tax at like rates on all fractional parts of a gallon. There shall be levied and collected on all distilled spirits manufactured in the State of Georgia from Georgia grown products, a tax of Fifty Cents ($0.50) per wine gallon, and on all alcohol manufactured in the State of Georgia from Georgia grown products, a tax of One Dollar ($1.00) per wine gallon, and a proportionate tax at like rates on all fractional parts of a gallon. Taxes shall be collected in the following manner: The State Revenue Commission shall prescribe suitable stamps in proper denominations denoting the payment of taxes imposed by this Act, and the tax provided shall be administered and collected by means of adhesive stamps lithographed with an intricate geometric design on safety paper. Every manufacturer or wholesaler before shipment or delivery to a retailer shall affix to each bottle or container of distilled spirits a stamp indicating the payment of the proper amount of tax. The State Revenue Commission may in its discretion replace mutilated stamps when fully satisfied that said stamps have not been used. The Revenue Commission shall be authorized in its discretion to permit importation of distilled spirits or alcohol into any county where the manufacture and sale of the same has been legalized, by permitting the same to be shipped to a bonded warehouse or warehouses and there stored without the payment of tax, provided for herein, but such rules or regulations shall provide for the collection of all taxes due on distilled spirits or alcohol as it is withdrawn from the bonded warehouse and the tax stamps affixed thereon.
(a) Each tax stamp upon being affixed to a bottle or other container of distilled spirits shall immediately be cancelled by the person engaged in said business by placing in ink across the face of said stamp in legible form the license number of said person.
(b) The reuse of any stamp indicating payment of tax shall be unlawful. The counterfeiting or forging of any stamp shall be unlawful and any person guilty of committing either of said acts in this paragraph shall be guilty of a misdemeanor, and upon conviction be punished as for a misdemeanor.
(c) The possession of any distilled spirits or alcohol by any person which does not bear the tax stamps provided for herein

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shall be unlawful, and such distilled spirits or alcohol shall be subject to seizure by any peace officer, and the offender shall be guilty of a misdemeanor and upon conviction shall be punished for such.
Sec. 12. Any wines or other beverages made by fermentation, to which there has been added distilled spirits, and where the alcoholic content is more than fourteen (14%) per cent alcohol by volume, are hereby classed as liquor and their manufacture, sale and distribution are made subject to all the restrictions, penalties, and regulations as are imposed by this Act, on distilled spirits or alcohol, except taxes, but upon all such wines there shall be levied a tax of twenty-five (25) cents per gallon on such wines made exclusively from fruits, berries, grapes, and other products grown in Georgia, and on all such wines there shall be levied and collected a tax of fifty (50) cents per gallon where such wines are made from or contain ingredients made from products grown outside the State of Georgia.
Such wines as are described in this section are commonly known as "fortified wines" and nothing in this Act shall be construed to regulate the sale of wines made from natural fermentation of fruits, grapes, and berries containing an alcoholic content of not more than fourteen (14%) per cent alcohol by volume.
Sec. 13. The provisions of this Act shall not apply to ethyl alcohol, intended for use and/or used for the following purposes:
(a) For scientific, chemical, mechanical, industrial, medicinal and culinary purposes.
(b) For use by those authorized to procure the same tax-free, as provided by the Act of Congress and regulations promulgated thereunder.
(c) In the manufacture of denatured alcohol produced and used as provided by the Acts of Congress and regulations promulgated thereunder.
(d) In the manufacture of patented, patent, proprietary, medicinal, pharmaceutical, antiseptic, toilet, scientific, chemical, mechanical and industrial preparations or products, unfit for beverage purposes.

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(e) In the manufacture of flavoring extracts and syrups, unfit for beverage purposes.
Sec. 14. Any person who shall sell or offer for sale any spirituous liquors as herein defined on Sundays and election days shall be guilty of a misdemeanor, and upon conviction shall be punished as for a misdemeanor.
Sec. 15. Any person who by himself or another shall furnish or cause to be furnished or permit any person in his employ to furnish alcoholic, spirituous liquors, or beverages to any minor, to any person who is noticeably intoxicated, or to any habitual drunkard whose intemperate habits are known to such person, shall be guilty of a misdemeanor, and upon conviction, shall be punished as for a misdemeanor. That no female shall be allowed to work in any liquor store as hostess, barmaid or in any manner whatsoever.
Sec. 16. It shall be unlawful for any manufacturer, wholesaler, or retail distributor, or any person to ship or transport by any means whatsoever any of the distilled spirits or alcohol into any county, which county has voted against the issuance of permits; provided, howev~r, nothing herein contained shall prevent any manufacturer, wholesale or retail distributor from shipping or transporting said liquors through such counties or municipalities where the destination of such liquors is beyond the limits of such county. Any person guilty of violating the provisions of this section shall be guilty of a misdemeanor, and upon conviction shall be punished as for a misdemeanor.
Sec. 17. That it shall be unlawful for any person, firm or corporation to sell, possess, conceal, store, convey any vinous, malt, or spirituous liquors or beverages whereon any tax or license fee is imposed by this Act, and upon which such tax or license fee has not been paid; and any officer or agent of the State Revenue Commission shall have the authority and it shall be his duty to declare contraband any distilled spirits or alcohol which does not bear the revenue stamps of the State of Georgia, or that is found, whether for sale or otherwise, in any county in the State of Georgia where the sale of such distilled spirits and alcohol is not authorized under the terms of this Act or its amendments; all contraband liquors, distilled spirits or alcohol, seized as contraband,

824

JOURNAL OF THE HousE,

shall be immediately delivered to the State Revenue Commission, or persons designated by the Commission to receive the same, and by them sold at public sale, under such rules and regulations as the Commission shall hereafter adopt, and the proceeds of such sale retained by the Commission and paid over to the lawful authority to receive revenue from the sale of liquor; but nothing in this Act shall prohibit the other law enforcement agents and officers of this State from seizing and prosecuting persons illegally possessing or selling distilled spirits and alcohol in counties in the State of Georgia where the sale of same has not been authorized by this Act or its amendments. The authority to seize as contraband distilled spirits and alcohol as set out herein, shall extend to counties where the sale and possession of the same is made legal by this Act or any of its amendments where such liquors, distilled spirits or alcohol are sold contrary to the provisions hereof or found in possession of any person, firm or corporation, and not bearing the prescribed stamps showing taxes paid thereon in the State of Georgia.
The Revenue Commission, or its agents, are also authorized, and it shall be their duty to secure warrants or other form of criminal process against all offenders in counties where the sale of distilled spirits and alcohol is not authorized under the terms of this Act, and in counties where the sale of distilled spirits and alcohol is authorized under the terms of this Act but where the same is being sold contrary to the provisions hereof, and the Revenue Commission, or its agents, are authorized, and it shall be their duty to prosecute such offenders.
Sec. 18. It shall be unlawful for any person, firm or corporation, to distill, manufacture, or make any distilled spirits, alcohol, or mixed liquors or beverages any part of which is a product of distillation, otherwise than 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. 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 officers seizing same.
Sec. 19. Nothing in this Act contained shall be construed as giving any person a right to sell spirituous liquors as herein

THURSDAY, jANUARY 6, 1938.

825

defined, but the manufacture, sale and distribution of spirituous liquors is declared to be a privilege in this State and not a right.
Sec. 20. No business licensed under this Act shall be operated within one hundred yards of any church or educational institution.
Sec. 21. Whoever violates any of the provisions of this Act for which no specific penalty is provided, or any of the rules and regulations issued under authority of this Act, and in accord with the provisions of this Act, shall be guilty of a misdemeanor, and upon conviction, shall be punished as for a misdemeanor.
Sec. 22. Whoever sells, shall give away to induce trade or for the purpose of evading the provisions of this Act, furnishes or provides any spirituous, distilled liquors, or intoxicating liquors and alcoholic beverages such as are dealt with in this Act, other than in accordance with the provisions of this Act and the rules and regulations promulgated under the same, shall be guilty of a misdemeanor, and upon conviction shall be punished as for a misdemeanor.
Sec. 23. There shall be no exception from the permit fees, license fees, and/or tax as provided by this Act in favor of any person whatsoever.
Sec. 24. Fifty (50%) per cent of all license fees and taxes collected under this Act are hereby allocated and apportioned to the common schools of the State; and twenty-five (25%) per cent thereof is hereby allocated and appropriated for the support of the common schools of the counties within the State, and the same shall be apportioned in proportion to its population, according to the last Federal decennial census; and twenty-five (25%) thereof is hereby allocated and apportioned for the support of the common schools of the several municipalities of the State, and the same shall be apportioned in proportion to its population, according to the last Federal decennial census. Said funds shall be paid to the proper authorities of each county and municipality by the State Treasurer on warrant drawn by the Governor.
Sec. 25. Should any provision of this Act be held invalid, no other provision shall be affected thereby, and the remaining provisions shall continue in full force and effect.

826

JouRNAL OF THE HousE,

Sec. 26. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed.

Mr. Milam of Spalding moved to table the bill.

On the motion to table, Mr. Whipple of Bleckley 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.:

Allison Barnard Batchelor Beck Blease Bond Bradley Bridges Brooks of Jackson Brown of Peach Candler Clary
Croker Culpepper of Fayette Daves Davis Drinkard Dukes Ennis

Erwin Evans Ferguson Guyton
Harden Harris Harrison Hogg Jones of Jenkins Lewallen Manry Marshall Milam Moore of Baldwin Moore of Lumpkin Mundy Newton Pilcher Pound

Rees Reid of Carroll Rountree Rowland Sams Sanders Sartain Scruggs Sutton Taunton Todd Vickery Ware Watkins Whaley Whipple Williams of Jones Zellner

Those voting in the negative were Messrs.:

Adams

Deal

Ansley

DeFoor

Barlow

Dollar

Barrett

Dugas

Brewton

Dunn

Brown of Greene

Durden

Campbell

Edwards

Carmichael of Cobb

Fitts

Carmichael of Randolph Freeman

Clark

Gammage

Claxton

Gavin

Cohen

Goff

Coleman

Grayson

Corbett

Grubbs

Coxon

Hampton

Harrell of Brooks Harrell of Irwin Harvey Hastings Hayes Herrin Hill of Clarke Hodges Holt Horne Houze Joel Johnson Jones of Bartow Jones of Brantley

THURSDAY, jANUARY 6, 1938.

827

Jones of Dodge Jones of Elbert Keel Kendrick Key Kirbo Lanham Lanier Lewis Mankin McGehee

McGraw McNall Miller Moore of Haralson Morgan Morris Musgrove Newby Rawlins Sabados Sapp

Simmons Smith of Henry Swindle Tate Thomas Trapnell Trippe Walton Weaver Whitaker Wilson

Those not voting were Messrs.:

Almand Bargeron Bennett Booth Brooks of Oglethorpe Chappell Clements Cochran Cogdell Culpepper of Mitchell Dampier DaughtrY Dean Douglass Drake Ellington Elliott Etheridge Field Flanders Fowler
GarY
Gross Groover

Hamby Hand Hart Hendrix Herndon Hill of Screven Hollis Houston Jackson Larsen Leonard Martin MaVity McCracken McCravey Middleton Moore of Taliaferro. Moss Oden Palmour Parker Patten Peebles PerrY

Peters Phillips Pirkle Preston of Bulloch Preston of Walton Ragan Reid of Wilcox Salter Saunders Smith of Dodge Smith of Muscogee Spence Striplin Tapp Turner Wall Wages Warnell Warnock Welsch Williams of Bacon Yeomans Mr. Speaker

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

On the motion to table, the ayes were 56, the nays 78, and the

motion was lost.



Mr. Candler of DeKalb moved to print the bill, and the motion was lost.

828

JouRNAL OF THE HousE,

By unanimous consent, the committee substitute to House Bill No. 196 was ordered printed over-night, and without displacing same on the calendar of business fixed by the Committee on Rules.
Mr. Blease of Brooks moved that the House do now adjourn until 9:30 o'clock tomorrow morning, and the motion prevailed.
Leaves of absence were granted to Messrs. Bennett of Ware, Beck of Carroll, and Gross of Stephens.
The Speaker announced the House adjourned until9:30 o'clock tomorrow morning, and House Bill No. 196 went over until that time under the order of unfinished business.

FRIDAY, jANUARY 7, 1938.

829

REPRESENTATIVE HALL, ATLANTA, GA.,
FRIDAY, jANUARY 7, 1938.
The House met, pursuant to adjournment, this day at 9:30 o'clock A. M., was called to order by the Speaker and opened with prayer by the Chaplain.
By unanimous consent, the call of the roll was dispensed with.
Mr. Harrell of Brooks, Acting Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
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 bills and resolutions.
5. First reading and reference of Senate bills and resolutions.
By unanimous consent, the following bills of the House were introduced, read the first time, and referred to the committees:
By Mr. Warnock of Montgomery-
House Bill No. 416. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding a certain road in Montgomery County, and for other purposes.
Referred to Committee on Public Highways No, 2,

830

JouRNAL OF THE HousE,

By Mr. Brewton of Evans-
House Bill No. 417. A bill to be entitled an Act to raise revenue by levying a tax on all retail sales of tangible personal property) and for other purposes.
Referred to Committee on Ways and Means.
By Messrs. Harrell and Blease of Brooks, and Cochran and Edwards of Thomas-
House Bill No. 418. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding a certain road in Brooks and Thomas Counties, and for other purposes.
Referred to Committee on Public Highways No.2.
By Mr. Adams of Franklin-
House Bill No. 419. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding a certain road in Franklin County, and for other purposes.
Referred to Committee on Public Highways No. 2.
By Mr. Chappell of Sumter-
House Bill No. 420. A bill to be entitled an Act to provide for the raising of additional public revenue; to provide for a tax on sales, and the privilege of engaging in certain occupations; and for other purposes.
Referred to Committee on Ways and Means.
By Mr. Reid of WilcoxHouse Bill No. 421. A bill to be entitled an Act to repeal
that certain Act creating a Board of Commissioners of Roads and Revenues for Wilcox County, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Reid of Wilcox-
House Bill No. 422. A bill to be entitled an Act to repeal that certain Act which abolished the office of County Treasurer of Wilcox County, and for other purposes.
Referred to Committee on Counties and County Matters.

FRIDAY, jANUARY 7, 1938.

831

By Messrs. Bennett of Ware and Key of Jasper-
House Bill No. 423. A bill to be entitled an Act to amend the General Appropriations Act, relative to making appropriation to the State Prison and Parole Commission and to the State Penal Administration, and for other purposes.
Referred to Committee on Appropriations.
By Messrs. Hollis of Morgan and Key of Jasper-
House Bill No. 424. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding a certain road in Morgan and Jasper Counties, 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 constitutional majority the following bills of the House, to-wit:
By Mr. Sanders of Coweta and Mrs. Mankin of Fulton-
House Bill No. 177. A bill abandoning a road in Land Lot 63 of Fulton County, and for other purposes.
By Messrs. Grayson, McNall, and Cohen of Chatham-
House Bill No. 186. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Messrs. Gross of Stephens, Hamby of Rabun, and Jackson of Habersham-
House Bill No. 314. A bill amending the Act with reference to fishing in ponds and lakes in certain counties, and for other purposes.
By Mr. Allison of Gwinnett-
House Bill No. 323. A bill authorizing the City of Lawrenceville to enact zoning ordinances, and for other purposes.

832

JouRNAL oF THE HousE,

By Mr. Jones of Jenkins-
House Bill No. 331. A bill amending the Act creating the Board of Commissioners of Roads and Revenues for Jenkins County, and for other purposes.
By Messrs. Davis, Keel, and Lanham of Floyd-
House Bill No. 332. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Messrs. Davis, Keel, and Lanham of Floyd, and Jones of Bartow-
House Bill No. 333. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Messrs. Davis, Keel, and Lanham of Floyd, and Jones of Bartow-
House Bill No. 334. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Messrs. Davis, Keel, and Lanham of Floyd-
House Bill No. 335. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Mr. Middleton of Dade-
House Bill No. 336. A bill amending the Act abolishing the offices of Tax Collector and Tax Receiver of Dade County, and creating the office of Tax Commissioner, and for other purposes.
By Mr. Warnock of Montgomery-
House Bill No. 351. A bill fixing the amount of the bond of the Sheriff of Montgomery County at $3,000.00, and for other purposes.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:

833
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill, as amended, of the House, to-wit:
By Mr. Middleton of DadeHouse Bill No. 317. A bill amending the Highway Mileage
Act by adding additional mileage to the System of State Aid Roads, 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, by substitute, of the House, to-wit:
By Mr. Musgrove of ClinchHouse Bill No. 350. A bill abolishing the County Court of
Clinch, 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 resolutions of the Senate, to-wit:
By Senator Williams of the 5th DistrictSenate Resolution No. 43. A resolution urging full appro-
priation of Federal Funds now authorized by law for forest fire protection, and for other purposes.
By Senator Robinson of the 13th DistrictSenate Resolution No. 24. A resolution defining those
entitled to old age assistance and limiting the amount thereof, 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

834

jouRNAL OF THE Hous,

the following bill of the Senate, to-wit:
By Senators Neely of the 36th District and Kimbrough of the 25th District-
Senate Bill No. 97. A bill amending the charter of the City of Manchester, and for other purposes.
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 Senate and have instructed me, as Chairman, to report the same back to the House with the following recommendations:
Senate Bill No. 73. Do pass.
House Bill No. 370. Do pass.
Respectfully submitted,
LANIER of Richmond, Chairman.
Mr. Fowler of Treutlen County, Chairman of the Committee on Conservation, submitted the following report:
Mr. Speaker: Your Committee on Conservation have had under consider-
ation 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.4. Do pass.
Respectfully submitted,
FowLER of Treutlen, Chairman.
Mr. Brown of Greene 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

FRIDAY, jANUARY 7, 1938.

835

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. 385. Do pass.
Respectfully submitted, BRoWN of Greene, Chairman.
Mr. Groover of Troup County, Chairman of the Committee on Enrolling, submitted the following report:
Mr. Speaker:
Your Committee on Enrolling has examined, found properly enrolled, and ready for transmission to the Governor, the following bills and resolution of the House, tn-wit:
House Bills Nos. 143, 148, 162, 183, 289, 308, 311, 313, 326, 232,342.
House Resolution No. 29-128b.
Respectfully submitted, GRoovER of Troup, Chairman.
Mr. Sartain of Walker County, Chairman of the Committee on Engrossing, submitted the following report:
Mr. Speaker:
Your Committee on Engrossing has examined, found properly engrossed, and ready for transmission to the Senate, the following bills of the House, to-wit:
House Bills Nos. 377, 161. Respectfully submitted,
SARTAIN of Walker, Chairman.
Mr. Pound of Hancock 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 of the House and have instructed

836

JouRNAL OF THE HousE,

me, as Chairman, to report the same back to the House with the following recommendations:
House Bill No. 393. Do pass.
House Bill No. 394. Do pass.
House Bill No. 395. Do pass. House Bill No. 409. Do pass. House Bill No. 411. Do pass. House Bill No. 412. Do pass.
Respectfully submitted, PouND of Hancock, Chairman.
Mr. Williams of Jones County, Vice-Chairman of the Committee on Special Appropriations, submitted the following report: Mr. Speaker:
Your Committee on Special Appropriations have had under consideration the following bill of the House and have instructed me, as Vice-Chairman, to report the same back to the House with the following recommendation:
House Bill No. 396. Do pass.
Respectfully submitted, WILLIAMS of Jones, Vice-Chairman.
Mr. Trapnell of Candler 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. 405. Do pass. House Bill No. 406. Do pass.
Respectfully submitted, TRAPNELL of Candler, Chairman.

FRIDAY, jANUARY 7, 1938.

837

Mr. Coleman 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 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. 66. Do pass.
Respectfully submitted,
CoLEMAN of Lowndes, Chairman.
By unanimous consent, the following bills and resolutions of the House and Senate, favorably reported, were read the second time:
By Senators Shedd of the 3rd District, Knabb of the 4th District, Williams of the 5th District, Sikes of the 49th District, and Atwood of the 2nd District-
Senate Bill No. 4. A bill to be entitled an Act to provide for the incorporation of Timber Protective Associations, and for other purposes.
By Mr. Bennett of Ware-
House Bill No. 66. A bill to be entitled an Act to define the qualifications of Judges of Courts and Justices, and for other purposes.
By Senator Burgin of the 24th District-
Senate Bill No. 73. A bill to be entitled an Act to amend the Constitution relating to the passage of local bills in the General Assembly, and for other purposes.
By Messrs. Key of Jasper, Allison of Gwinnett, Mavity of Walker, Brown of Greene, Smith of Henry, and Hendrix of Cherokee-
House Bill No. 370. A bill to be entitled an Act amending an Act authorizing counties to make temporary loans for financing county operations, and for other purposes.

838

JOURNAL oF THE HousE,

By Messrs. Hastings and Kendrick and Mrs. Mankin of Fulton-
House Bill No. 385. A bill to be entitled an Act providing for the examination of Master Electricians in certain counties, and for other purposes.
By Mr. Drinkard of Lincoln-
House Bill No. 393. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," so as to add a certain road to the System of State Aid Roads, and for other purposes.
By Messrs. Drinkard of Lincoln and Clary of Columbia-
House Bill No. 394. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," so as to add a certain road to the System of State Aid Roads, and for other purposes.
By Mr. Adams of Franklin-
House Bill No. 395. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," so as to add a certain road to the System of State Aid Roads, and for other purposes.
By Mr. Fowler of Treutlen-
House Bill No. 396. A bill to be entitled an Act to appropriate the sum of $20,000 for the year 1938 to the Division of Forestry and Natural Resources, and for other purposes.
By Mr. Bennett of Ware-
House Bill No. 405. A bill to be entitled an Act to provide for the holding of four terms a year of the Superior Court of Ware County, and for other purposes.
By Mr. Bennett of Ware-
House Bill No. 406. A bill to be entitled an Act to amend an Act creating the City Court of Waycross, and for other purposes.
By Messrs. Johnson of Chattahoochee and Douglass of Talbot-
House Bill No. 409. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," so as to add a certain road to the System of State Aid Roads, and for other purposes,

FRIDAY, JANUARY 7, 1938.

839

By Mr. Brooks of Oglethorpe-
House Bill No. 411. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," so as to add a certain road to the System of State Aid Roads, and for other purposes.
By Mr. Batchelor of Putnam-
House Bill No. 412. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," so as to add a certain road to the System of State Aid Roads, and for other purposes.
By unanimous consent, the following bills and resolution of the House were read the third time and placed upon their passage:
By Mr. Harrison of Crawford-
House Resolution No. 17-29a. A resolution to provide for the furnishing of certain volumes of the reports of the Supreme and Appeals Court to the Clerk of the Superior Court of Crawford County, and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 103, the nays 0.
The resolution having received the requisite constitutional majority was adopted.
By Mr. Hodges of Liberty-
House Bill No. 387. A bill to be entitled an Act to abolish the office of Tax Collector of Liberty County, and to create in lieu thereof 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 104, the nays 0.
The bill having received the requisite constitutional majority was passed.

840

JouRNAL OF THE HousE,

By Mr. Musgrove of Clinch-
House Bill No. 391. A bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues in and for the County of Clinch, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Herrin of Echols-
House Bill No. 392. A bill to be entitled an Act to reduce the bond of the Sheriff of Echols County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, .the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Daughtry of Wilkinson-
House Bill No. 400. A bill to be entitled an Act to abolish an Act creating the County Court for the County of Wilkinson, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, the nays 0.
The bill having received the requisite constitutional majority was passed.
By unanimous consent, the following bills and resolution of the Senate were read the first time and referred to the committees:
By Senator Robinson of the 13th District-
Senate Resolution No. 24. A resolution defining those entitled

FRIDAY, jANUARY 7, 1938.

841

to old age assistance and limiting the amount thereof, and for other purposes.
Referred to Committee on Public Welfare.
By Senator Patten of the 6th District-
Senate Bill No. 47. A bill to be entitled an Act to amend Section 1 of Article VIII of the Constitution of the State of Georgia in reference to the tenure and retirement system of school employees, and for other purposes.
Referred to Committee on Amendments to Constitution No. 1.
By Senators Burgin of the 24th District, Neely of the 36th District, and Whitehead of the 30th District-
Senate Bill No. 50. A bill to be entitled an Act to increase the members of the Milk Control Board to seven, and for other purposes.
Referred to Committee on General Agriculture No.2.
By Senators Purdom of the 46th District, Atkinson of the 1st District, and Lindsay of the 34th District-
Senate Bill No. 63. A bill to be entitled an Act providing that all criminal sentences and records shall use "public work camps" in lieu of" chain gang," and for other purposes.
Referred to Committee on Penitentiary.
By Senators Purdom of the 46th District, Atkinson of the 1st District, and Lindsay of the 34th District-
Senate Bill No. 64. A bill to be entitled an Act to provide that all cases in which a defendant is sentenced to electrocution, the trial judge must direct that the sentence be executed by the State Board of Penal Administration, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Senators Purdom of the 46th District, Atkinson of the 1st District, and Lindsay of the 34th District-
Senate Bill No. 65. A bill to be entitled an Act to amend an

842

JouRNAL oF THE HousE,

Act relating to ex-officio members of the State Prison Commission, by abolishing ex-officio members, and for other purposes.
Referred to Committee on Penitentiary.
By Senators Purdom of the 46th District, Atkinson of the 1st District, and Lindsay of the 34th District-
~enate Bill No. 67. A bill to be entitled an Act defining procedure in the trial of certain criminal cases, also authorizing the trial judge to suspend sentence or probate the defendant, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Senators Purdom of the 46th District, Atkinson of the 1st District, and Lindsay of the 34th District-
Senate Bill No. 79. A bill to be entitled an Act to repeal Code Section 77-503 and amending Section 77-504, relative to the applications for parole, and for other purposes.
Referred to Committee on Penitentiary.
By Senators Neely of the 36th District and Kimbrough of the 25th District-
Senate Bill No. 97. A bill to be entitled an Act to amend the charter of the City of Manchester, and for other purposes.
Referred to Committee on Municipal Government.
By. unanimous consent, the following bill of the House was withdrawn from further consideration of the House:
By Mr. Bennett of Ware--
House Bill No. 239. A bill to be entitled an Act to amend an Act in reference to the charter of the City of Waycross, and for other purposes.
By unanimous consent, the following bill of the Senate was withdrawn from the Committee on Ways and Means and recommitted to the Committee on General Judiciary No. 1:
By Senator Millican of the 52nd District-
Senate Bill No. 53. A bill to be entitled an Act to provide for weekly settlements by tax collectors, and for other purposes.

FRIDAY, jANUARY 7, 1938.

843

Mr. Brewton of Evans moved that the House reconsider its action in passing the following bill of the House:
By Mr. Corbett of Atkinson-
House Bill No. 161. A bill to be entitled an Act to levy a tax on rolling stores, and for other purposes.
The motion to reconsider was lost.
The following resolution of the House was read and adopted:
By Messrs. Evans of McDuffie and Preston of Walton-
House Resolution No. 109. A resolution in reference to the birthday of Mr. Ragan of Pulaski, and for other purposes.
Under the order of unfinished business, the following bill of the House was again taken up for consideration:
By Mr. Thomas of Chattooga-
House Bill No. 196. A bill to be entitled an Act to be known as the "Alcoholic Beverage Control Act," and for other purposes.
By unanimous consent, the following report was submitted, read, and adopted:
Mr. Speaker:
Your Committee appointed pursuant to House Resolution No. 89 begs to submit the following report:
Your Committee has investigated the title to the property on which is located the Old Soldiers Home and found that there is 1197-i acres of this land which was acquired by the State in 1900 with a clause limiting the use of this property to be used as an old soldiers home for a period of 20 years. This period of limitation having expired, this property is therefore the property of the State to be used for any purpose that the State desires.
Your Committee had before it the author of House Resolution No. 89, Mr. Barrett of Richmond, with a view of getting all information possible to assist ourselves in a complete, fair and impartial investigation of the subject matter of his resolution. Mr. Barrett stated that his resolution was based entirely on rumors; the source of said rumors he would prefer not to disclose.

844

JouRNAl. or 'rHE HousE,

Your Committee invited the presidents of the five U. D. C. chapters in Atlanta to meet them at the Old Soldiers Home at 2 P. M. Tuesday, November 4. Those present when your Committee arrived at the Home were:

Mrs. Forrest Kibler, president of the Atlanta chapter,

Mrs. F. B. Davenport, third vice-president of the Atlanta chapter,

Mrs. C. J. Sheehan, records of crosses, Atlanta chapter.

These ladies informed your Committee that they have the largest U. D. C. chapter in the South, with a membership of approximately 800, and that committees from their chapter visit the Home weekly. We were informed that committees from the other four chapters visit the Home weekly.

Your Committee first went over the quarters of the veterans on the ground floor. We found the dining room and kitchen in splendid shape. A new electric refrigerator has recently been purchased, also a new gas stove for the kitchen. The Superintendent, Mrs. Joe Pruitt, informed the Committee that she is going to requisition linoleum for the kitchen floor.

Your Committee then inspected the quarters of the veterans, interviewing the following:

Gen. M. Y. Griggs

Mr. J. T. Pittman

Mr. J. C. Dodgen

Mr. J. F. Whittle

Gen. J. L. Driver

Mr. W. H. Culpepper

Mr. T. H. Maddux

Mr. J. H. Dawson

Mr. Leroy Snellgrove

We were unable to interview Gen. J. R. Jones, as he was in the hospital, and Mr. J. H. Herb who was attending a class of Highway Patrolmen. Incidentally, we were informed that Mr. Herb, who is 103 years old, enjoys these classes and attends them all.
The above are all of the veterans quartered at the Home.

We found the quarters of the veterans clean and comfortable, each having a private room and adequate bath and sanitation

FRIDAY, jANUARY 7, 1938.

845

facilities. Your Committee questioned each veteran individually, and they, without exception, were strong in their praise of the Superintendent, Mrs. Joe Pruitt, and were satisfied with their quarters, meals and attention given them by Mrs. Pruitt. All of the veterans were quartered on the first floor with the exception of Mr. W. H. Culpepper. We questioned Mr. Culpepper particularly and he told your Committee that he had never been asked to move and that he and Mr. J. C. Dodgen and a white night watchman at the home had keys to a private bath on the second floor. He stated that the Department of Public Safety, which uses one wing of the Old Soldiers Home building up stairs, did not disturb him at all; in fact he enjoyed their company.
Mr. J. C. Dodgen, who had quarters on the first floor, stated that the only complaint he had to offer, was, that at night they would roll a cot in the room, using the room above his room as an office and that this noise disturbed him. He stated that his complaint had been taken care of and that for the past two weeks he had not been disturbed.
Mr. Brewster of the Department of Public Safety stated that as soon as this matter was called to his attention he immediately rectified it.
Mrs. Pruitt, Superintendent at the Home, is an officer in the Crawford W. Long Chapter of the U. D. C., and your Committee, based on its investigation, would report that the Home is operated in a very efficient manner.
Your Committee then met with Mrs. Forrest Kibler and Mrs. F. B. Davenport and Mrs. C. J. Sheehan. These ladies informed your Committee that they visited the home weekly and had heard nothing of these rumors that the veterans were not being properly taken care of, and they knew of no basis in fact on which these rumors could be substantiated.
Your Committee begs leave to insert the following letter, written by Gen. James L. Driver, Past Commander Georgia Division, United Confederate Veterans, who lives at the Home.
This letter was written to the Atlanta Journal and is as follows:

846

JouRNAL .oF THE HousE,

"DEFENSE OF THE SoLDIERs' HoME"
"Editor, The Journal: Please allow me space through your columns to refer to an article published in one of our daily papers referring to a resolution recently introduced in the Legislature as to conditions that prevail at the Soldiers' Home. As a matter of choice I am spending the winter at the home, and am in a position to know something of the conditions that exist here. It has never been my purpose to rush into print, and far be it from me to cast aspersions on any member of the General Assembly, but when I see some charges brought against the removal of the Confederate veterans to "shedroom quarters," candor compels me to say that this statement is very much distorted.
As a matter of fact, every veteran at the home is in private, clean and comfortable quarters which will bear inspection at all times. The home is to be congratulated for the splendid and efficient management, where the comfort of the veterans is looked after in minutest detail. As to bath privileges, it is true that one of the veterans preferred to remain on the second floor, but I am reliably informed that he has a key to a private bath. As to the military expenditures, I know of nothing and have no comment to make.
I think it a wise move that the State is utilizing these buildings for some good purpose. Only ten veterans are here, and it's only a question of a few years when they shall have reached the period when life's journey is complete, and the name of a veteran at the Soldiers' Home will be a sad but sacred memory.
JAMES L. DRIVER,
Past Commander Georgia Division, United Confederate Veterans, Atlanta."
Your Committee then went across the street from the Old Soldiers' Home to what has been made into headquarters for the National Guard of Georgia. These buildings were formerly the hospital and superintendent's home, but had been abandoned and were in a bad state of repair, and we were informed by the ladies of the U. D. C. that they had not been used for several

FRIDAY, JANUARY 7, 1938.

847

years. The Adjutant General's Department had taken over the hospital building, repairing same and making offices for the Adjutant General and members of his staff; file rooms in which to keep the records that the Adjutant General is required to keep, the basement of this building being used as a storeroom for the National Guard's property.
We were informed by General Stoddard, the Adjutant General, that by making the storeroom out there, that he would save rent now being paid for storing the property in the City of AtIanta. In this building there was a toilet and a single shower bath, the walls of the bath being made of Masonite painted, which is very cheap construction; the floor being cement.
The hospital building and superintendent's home are connected by a corridor on the ground floor on the side facing the street. A five-room apartment has been installed. The floors were made of old field pine and some of the doors used in the apartment are old doors that were formerly used in the building. There is a bath in this apartment with a modest bath, (tub). The floor in this bath has not been covered, but is to be covered with asphalt tile. On the ground floor back of this apartment a large room is built for the purpose, we were informed, of holding conferences, quartering boards, court marshals and the like. Also on this floor there are rooms for the officers to work over plans. General Stoddard informed your Committee that it was not his purpose to live in this apartment, but that this apartment was made for the purpose of having a man live on the property as a protection to the records and property which is stored there. He also stated that it was his purpose to charge whoever lived in this apartment rent on a basis of $4.00 per room per month.
On the second floor there are two apartments. General Stoddard informed your Committee that these apartments were built so that detachments who might be on duty at headquarters, boards of review, or court marshals for which the State has to pay their expenses while they are in the City of Atlanta, might have use of them. On this floor there were shower baths similar to the one referred to heretofore in this report. These apartments are separated so that one of them can be used for officers'

848

JouRNAL oF THE HousE,

quarters and the other can be used for sleeping quarters for enlisted men, should the occasion arise whereby officers and enlisted men were on duty in Atlanta at the same time.
We were informed by General Stoddard that the remodeling of these buildings would release the present military headquarters, which are located in the City of Atlanta adjacent to the Capitol and would consolidate national guard units and the Department of Public Safety, together on property of the State and thus release the present military building for use by other departments which are adjacent to the Capitol, thus saving rent and expense to the State in cases where the State is responsible for quartering board, court marshals and detachments of the National Guard.
Your Committee finds that there has been a total of $12,729.51 spent on these two buildings. This money according to the State Auditor's report to your Committee was paid out of the Governor's emergency fund on executive orders, copies of which are filed in the office of the State Auditor-$9,000 being paid on September 1, 1937, and $3,729.51 on December 1, 1937.
With the filing of this report your Committee begs to be released of the assignment given them in pursuance to House Resolution No. 89.
CuLPEPPER of Fayette, Chairman. WEAVER of Bibb, Secretary. LEONARD of Muscogee, KENDRICK of Fulton, MANRY of Calhoun.
Mr. Coleman of Lowndes moved that the House do now adjourn until 10:00 o'clock Monday morning, January 10, 1938.
Mr. Blease of Brooks moved that the House do now take a recess until 2:15 o'clock P. M., this afternoon.
The motion to adjourn prevailed.
Leave of absence was granted to Mr. Batchelor of Putnam.
The Speaker announced the House adjourned until Monday morning, January 10, 1938, at 10:00 o'clock, and House Bill No. 196 went over until that time under the order of unfinished business.

MoNDAY, JANUARY 10, 1938.

849

REPRESENTATIVE HALL, ATLANTA, GA.,
MoNDAY, JANUARY 10, 1938.
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 Rev. H. H. Stembridge of the Cedartown First Baptist Church.
By unanimous consent, the call of the roll was dispensed with.
Mr. Hill of Screven, Chairman of the Committee on Journals, reported that the Journal of last Friday'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 bills and resolutions.
5. First reading and reference of Senate bills and resolutions.
By unanimous consent, the following bills of the House were introduced, read the first time, and referred to the committees:
By Mr. Spence of WareHouse Bill No. 425. A bill to be entitled an Act repealing an
Act to provide a new charter incorporating the Town of Waresboro, in the County of Ware, and for other purposes.
Referred to Committee on Municipal Government.

850

JouRNAL OF THE HousE,

By Mr. Warnell of Bryan-
House Bill No. 426. A bill to be entitled an Act to reduce the amount of the official bond of the Sheriff of Bryan County, and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Evans of McDuffie and Clary of Columbia-
House Bill No. 427. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding a certain road in McDuffie and Columbia Counties, and for other purposes.
Referred to Committee on Public Highways No.2.
By Messrs. Lanham, Keel, and Davis of Floyd-
House Bill No. 428. A bill to be entitled an Act to amend an Act to create a new Charter and Municipal Government of the City of Rome, and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Hollis of Morgan and Bond of Oconee-
House Bill No. 429. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding a certain road in Morgan and Oconee Counties, and for other purposes.
Referred to Committee on Public Highways No.2.
By Mr. Jones of Elbert-
House Bill No. 430. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding a certain road in Elbert County, and for other purposes.
Referred to Committee on Public Highways No.2.
By Mr. Field of WhitfieldHouse Bill No. 43-1. A bill to be entitled an Act to amend Sec-
tion 92-6911 of the Code of Georgia of 1933, as amended by an Act approved March 31, 1937, entitled Tax Assessments by Counties; to authorize the Tax Collector of all counties in the State having a population of not less than 20,800 and not more than 20,850, to relieve from payment of all penalties levied in

MoNDAY, JANUARY 10, 1938.

851

excess against any person, firm, or corporation that have not been collected by the date of the passage of this Act, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Allison of Gwinnett-
House Bill No. 432. A bill to be enti tied an Act to amend an Act entitled "Highway Mileage," by adding additional mileage in Gwinnett County, and for other purposes.
Referred to Committee on Public Highways No. 2.
By Mr. Clements of Wheeler-
House Bill No. 433. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding additional mileage in Wheeler and Telfair Counties, and for other purposes.
Referred to Committee on Public Highways No.2.
Mr. Sartain of Walker County, Chairman of the Committee on Engrossing, submitted the following report:
Mr. Speaker:
Your Committee on Engrossing has examined, found properly engrossed, and ready for transmission to the Senate, the following bills and resolution of the House, to-wit:
House Bills No. 387, 39.1, 392, 400.
House Resolution No. 17-29a.
Respectfully submitted,
SARTAIN of Walker, Chairman.
Mr. Groover of Troup County, Chairman of the Committee on Enrolling, submitted the following report:
Mr. Speaker:
Your Committee on Enrolling has examined, found properly enrolled, and ready for transmission to the Governor, the following bills of the House, to-wit:

852

JouRNAL oF THE HousE,

House Bills Nos. 177, 186, 314, 323, 331, 332, 333, 334, 335, 336, 351.
Respectfully submitted,
GROOVER of Troup, Chairman.
Mr. Deal of Bulloch County, Chairman of the Committee on General Judiciary No. 2, submitted the following report:
Mr. Speaker:
Your Committee on General Judiciary No. 2 have had under consideration the following 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. 348. Respectfully submitted,
DEAL of Bulloch, Chairman.
By unanimous consent, the following bill of the House, favorably reported, was read the second time:
By Mr. Bennett of WareHouse Bill No. 348. A bill to be entitled an Act to amend an
Act, so as to provide for the punishment of persons engaged in the buying of live stock for cash without paying therefor, 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. Bennett of WareHouse Bill No. 405. A bill to be entitled an Act to provide for
holding four terms a year of the Superior Court of Ware 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 103, the nays 0. The bill having received the requisite constitutional majority was passed.

MoNDAY, jANUARY 10, 1938.

853

By Mr. Bennett of WareHouse Bill No. 406. A hill to he entitled an Act to amend an
Act to establish City Court of Waycross, and for other purposes.
The report of the committee, which was favorable to the passage of the hill, was agreed to.
On the passage of the hill, the ayes were 104, the nays 0.
The hill having received the requisite constitutional majority was passed.
The following hill of the House was taken up for the purpose of considering the Senate amendment thereto:
By Mr. Ragan of Pulaski-
House Bill No. 325. A hill to he entitled an Act to amend the charter of the City of Hawkinsville, and for other purposes.
The following Senate amendment to House Bill No. 325 was read:
By the SenateAmend Section 1 by adding at the end of said Section and
immediately following the words "contain other information" a new paragraph to read as follows:
"That none of the provisions of this Act shall apply to property returned and assessed for taxation under the provisions of Sections 92-5902 and 92-6001 of the Code of Georgia of 1933."
On the question of agreeing to the Senate amendment, the ayes were 103, the nays 0.
The Senate amendment was agreed to.
Mr. Elliott of Muscogee arose to a question of personal privilege and addressed 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, as amended, the following hill of the Senate, to-wit:

854

JouRNAL OF THE HousE,

By Senators Williams of the 5th District, Atkinson of the 1st District, and Jackson of the 14th District-
Senate Bill No. 92. A bill prescribing the compensation of the Chairman and members of the Industrial Board created by the Act of the General Assembly approved March 25, 1937, and for other purposes.
The Senate has passed by the requisite constitutional majority the following bill of the Senate, to-wit:
By Senator Shannon of the 21st District-
Senate Bill No. 87. A bill amending Code Section 69-101 with reference to the repeal of charters of certain cities, and for other purposes.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:
Mr. Speaker:
The President of the Senate has appointed Senators Lindsay of the 34th District and Millican of the 52nd District, as the Committee of the Senate as required by the following resolution of the Senate:
By Senators Millican of the 52nd District and Lindsay of the 34th District-
Senate Resolution No. 33. A resolution naming a committee of two members of the Senate and three members of the House to cooperate with local interests in securing a National Park for the Atlanta Battlefield Area.
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. Fitts of Madison-
House Bill No. 52. A bill amending the Highway Mileage Act, and for other purposes.

MoNDAY, jANUARY 10, 1938.

855

By Messrs. Sams, Candler, and Turner of DeKalb-
House Bill No. 71. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other. purposes.
By Mr. Holt of Appling-
House Bill No. 80. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Mr. Corbett of Atkinson-
House Bill No. 95. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Mr. Pirkle of Forsyth-
House Bill No. 96. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Messrs. Corbett of Atkinson, Houze of Lowndes, Miller of Lanier, Coleman of Lowndes, Herrin of Echols, and others-
House Bill No. 109. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Mr. Newton ofToombs-
House Bill No. 163. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Mr. Holt of Appling-
House Bill No. 193. A bill amending the Act dividing the Brunswick Circuit and creating the new Waycross Judicial Circuit, and for other purposes.
By Messrs. Candler, Sams, and Turner of DeKalb-
House Bill No. 199. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.

856

JouRNAL oF THE HousE,

By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton-
House Bill No. 224. A bill amending the State Highway Mileage Act by adding additional mileage, and for other purposes.
By Mr. Daves of Dooly-
House Bill No. 318. A bill amending the State Highway Mileage Act by adding additional mileage, and for other purposes.
By Mr. Adams of Franklin-
House Bill No. 327. A bill amending the State Highway Mileage Act by adding additional mileage, and for other purp~ses.
By Mrs. Mankin and Messrs. Kendrick and Hastings of Fulton-
House Bill No. 337. A bill amending the State Highway Mileage Act by adding additional mileage to the State Aid System, 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 House and Senate, to-wit:
By Mr. Gross of StephensHouse Bill No. 242. (By Substitute) An Act authorizing the
State Highway Board to use any funds available for the purpose of matching any Federal Funds, and for other purposes.
By Senator Lindsay of the 24th DistrictSenate Bill No. 35. An Act to prohibit the State of Georgia
or any Department or political subdivision from employing in any agency of the State any alien except where there is no American citizen qualified, and for other purposes.
Under the order of unfinished business, the following bill of the House was again taken up for consideration:
By Mr. Thomas of ChattoogaHouse Bill No. 196. A bill to be entitled an Act to be known
as "The Alcoholic Beverage Control Act"; to provide for the

MoNDAY, jANUARY 10, 1938.

857

control of the manufacture, importation, distribution, and sale of spirituous liquors, and for other purposes.
Mr. Sutton of Wilkes moved that the House recess for one hour, and the motion prevailed.
1:50 o'clock P. M.
The Speaker called the House to order.
The following resolution of the House was read and adopted:
By Messrs. Lanham of Floyd, Bennett of Ware, Sutton of Wilkes, Hastings of Fulton, and Mrs. Mankin of Fulton-
House Resolution No. 110.
A RESOLUTION
That, whereas, an article appeared in the January 8, 1938, edition of the Saturday Evening Post by Stanley High, headed "A Kind Word for the South" in which certain pertinent facts were given as to the recent progress of the South in Educational, Industrial, Commercial and Agricultural lines.
And, whereas, this article presents a brief but correct picture of the advance now being made in all lines by the several Southern States, and is an answer to recent articles appearing in other magazines which present an incorrect picture of conditions in the South.
Therefore, be it resolved that the House of Representatives of the State of Georgia do extend their sincere thanks to the Saturday Evening Post and to Stanley High the author of the article in question for their fair treatment of conditions as they exist in the South.
We desire further to call the attention of this magazine and this author to the progress which Georgia has made in 1937 and 1938 because of the enactment of the seven months school bill, the free text book bill, the health program; the social security acts; the acts granting homestead exemption; the enlarged program of highway construction by the State and Counties; the intangible tax bill, and other types of legislation which tend to advance the interest of the people of the State and Nation.
~

858

JouRNAL OF THE HousE,

Be it further resolved that the Clerk of this House transmit a copy of these resolutions to the Saturday Evening Post and to Stanley High, the author.
The following communication from President Franklin D. Roosevelt was read to the House:

The White House Washington
January 6, 1938 My dear Mr. Speaker:
I will appreciate it if you will convey to the members of the Georgia House of Representatives my sincere thanks for their telegram of January fourth, transmitting the resolution adopted by them on that date. I am glad indeed to have this fine expression of loyalty and support.
All good wishes.
Very sincerely yours,
FRANKLIN D. RooSEVELT.
HoN. Rov V. HARRIS, Speaker, House of Representatives, Atlanta, Georgia.

The following bill of the House was again taken up for consideration:
By Mr. Thomas of Chattooga-
House Bill No. 196. A bill to be entitled an Act to be known as "The Alcoholic Beverage Control Act"; to provide for the control of the manufacture, importation, distribution, and sale of spirituous liquors, and for other purposes.

MONDAY, jANUARY 10, 1938.

859

Mr. Sutton of Wilkes moved the previous question.
The motion for the previous question prevailed.
Mr. Jones of Brantley moved that the House do now adjourn until tomorrow morning at 9:00 o'clock.
The motion to adjourn until 9:00 o'clock tomorrow morning prevailed.
Leave of absence was granted to Mr. Freeman of Bibb.
The Speaker announced the House adjourned until tomorrow morning at 9:00 o'clock, and House Bill No. 196 went over until that time under the order of unfinished business.

860

JouRNAL OF THE HousE,

REPRESENTATlVE HALL, ATLANTA, GA.,

TUESDAY, jANUARY 11, 1938.

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 Rev. Nath Thompson.

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

Adams

Coxon

Allison

Croker

Almand

Culpepper of Fayette

Ansley

Culpepper of Mitchell

Bargeron

Daughtry

Barlow

Daves

Barnard

Davis

Barrett

Deal

Batchelor

Dean

Beck

DeFoor

Blease

Dollar

Bond

Douglass

Booth

Drake

Bradley

Drinkard

Brewton

Dugas

Bridges

Dukes

Brooks of Jackson

Dunn

Brooks of Oglethorpe Durden

Brown of Greene

Edwards

Brown of Peach

Elliott

Campbell

Ennis

Candler

Erwin

Carmichael of Cobb

Etheridge

Carmichael of Randolph Evans

Chappell

Ferguson

Clark

Field

Clary

Fitts

Claxton

Flanders

Clements

Fowler

Cochran

Freeman

Cogdell

Gammage

Cohen

Gary

Coleman

Gavin

Corbett

Goff

Grayson Gross Grubbs Guyton Hamby Hampton Hand Harden Harrell of Brooks Harrell of Irwin Harris Harrison Hart Harvey Hastings Hayes Hendrix Herrin Hill of Clarke Hill of Screven Hodges Hogg Hollis Holt Home Houston Houze Jackson Joel Johnson Jones of Bartow Jones of Brantley Jones of Dodge Jones of Elbert

TuESDAY, JANUARY 11, 1938.

861

Jones of Jenkins Keel Kendrick Key
Kirbo Lanham Lanier Larsen Leonard Lewallen Lewis Mankin Manry
Marshall Martin Mavity McCracken McCravey McGehee McGraw McNall Middleton Milam Miller Moore of Baldwin Moore of Haralson Moore of Lumpkin Moore of Taliaferro Morgan Morris Moss Mundy

Musgrove Newby Newton Oden Palmour Parker Perry Peters Phillips Pilcher Pirkle Pound Preston of Bulloch Preston of Walton Ragan Rawlins Rees Reid of Carroll Reid of Wilcox Rountree Rowland Sabados Salter Sams Sanders Sapp Sartain Saunders Scruggs Simmons Smith of Henry

Smith of Muscogee Spence Striplin Sutton Swindle Tapp Tate Taunton Todd Thomas Trapnell Trippe Turner Vickery Wall Walton Ware Warnell Warnock Watkins Weaver Welsch Whaley Whipple Whitaker Williams of Bacon Williams of Jones Wilson Yeomans Zellner Mr. Speaker

Mr. Dukes of Washington, Acting Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.
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.

862

JouRNAL oF THE HousE,

2. Reports of standing committees.
3. Second reading of bills a.nd resolutions, favorably reported.
4. Third reading and passage of local uncontested bills and resolutions.
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. Adams of Franklin---'
House Bill No. 434. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding certain mileage in Franklin County, and for other purposes.
Referred to Committee on Public Highways No.2.
By Mr. Wall of Schley-
House Bill No. 435. A bill to be entitled an Act to fix the amount of the fees of the Coroner of Schley County, and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Corbett of Atkinson and Swindle of Berrien-
House Bill No. 436. A bill to be entitled an Act to amend a certain Act of 1924, same being published as Section 1069 of the 1926 Penal Code of Georgia and providing for the substitution of electrocution for hanging, and for other purposes.
Referred to Committee on General Judiciary No.2.
By Mr. McGraw of Meriwether-
Hause Bill No. 437. A bill to be entitled an Act to fix and provide for the compensation to be paid members of the Board of Education of certain counties in the State of Georgia, and for other purposes.
Referred to Committee on Counties and County Matters.

TUESDAY, JANUARY 11, 1938.

863

By Mr. Parker of Colquitt-
House Bill No. 438. A bill to be entitled an Act to amend title 22 ("Corporations"), chapter 22-3 ("Corporations Chartered by Superior Courts"), of the Code of Georgia of 1933, and to authorize the judges of the superior courts of this State to grant charters to private corporations, and for other purposes.
Referred to Committee on General Judiciary No.2.
By Mr. Ragan of Pulaski-
House Bill No. 439. A bill to be entitled an Act to amend an Act, approved August 7, 1924, relating to the duties and salary of the Clerk of the Commissioner of Roads and Revenues of Pulaski County, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Harris of Richmond-
House Resolution No. 112-439a. A resolution relieving Charles R. Wrenn of surety for Harry Flynn, and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Evans of McDuffie-
Hause Bill No. 440. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding a certain road in McDuffie County, and for other purposes.
Referred to Committee on Public Highways No.2.
By Mr. Ragan of Pulaski-
House Bill No. 441. A bill to be entitled an Act to amend a certain Act of 1902, to create a new charter for the City of Hawkinsville, in the County of Pulaski, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Hollis of Morgan-
House Bill No. 442. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding certain mileage in Morgan County, and for other purposes.
Referred to Committee on Public Highways No.2.

864

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 majority the following bills of the House, to-wit:
By Messrs. Clark of Catoosa and Mavity of Walker-
House Bill No. 88. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Mr. Booth of Barrow-
House Bill No. 92. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Mr. Booth of Barrow-
House Bill No. 93. A bill amending the Highway Mileage Act by adding additional mileage on the Braselton-Lawrenceville Road, and for other purposes.
By Mr. Lewallen of Banks-
House Bill No. 94. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Mr. Adams of Franklin-
House Bill No. 110. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Mr. Barnard of Towns-
House Bill No. 115. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Mr. Jones of Brantley-
Hause Bill No. 130. A bill amending the Highway Mileage

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865

Act by adding additional mileage to the State Aid System, and for other purposes.
By Messrs. Thomas of Chattooga, Mavity and Sartain of Walker-
House Bill No. 134. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Mr. Reid of Wilcox-
House Bill No. 158. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Messrs. Croker of Paulding, Welsch of Cobb, and Moore of Haralson-
House Bill No. 165. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Mr. DeFoor of Mcintosh-
House Bill No. 171. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Messrs. Musgrove of Clinch and Herrin of Echols-
Hause Bill No. 174. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Messrs. Hampton of Fannin, Ellington of Gilmer, and McCravey of Union-
House Bill No. 182. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Messrs. Hart and Sanders of Coweta-
House Bill No. 184. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.

866

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By Messrs. Hart and Sanders of Coweta-
House Bill No. 185. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Mr. Bridges of Early-
House Bill No. 213. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Mr. Ferguson of Sumter-
House Bill No. 214. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Mr. McCracken of Jefferson-
House Bill No. 238. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Mr. Adams of Franklin-
House Bill No. 241. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Messrs. Harris and Lanier of Richmond-
House Bill No. 246. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Messrs. Salter of Baker and Bridges of Early-
House Bill No. 258. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Mr. Oden of Pierce-
House Bill No. 261. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other pu;poses.

TuESDAY, jANUARY 11, 1938.

867

By Messrs. Lewallen of Banks and Phillips and Palmour of Hall-
House Bill No. 263. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Messrs. Allison and Tapp of Gwinnett-
House Bill No. 279. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Mr. Jackson of Habersham-
House Bill No. 283. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Mr. McCracken of Jefferson-
House Bill No. 292. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Messrs. Rowland of Johnson and Rountree of Emanuel-
House Bill No. 300. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Mr. Striplin of Heard-
House Bill No. 315. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.

By Messrs. Harris and Lanier of Richmond-
House Bill No. 319. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.

The following message was received from the Senate through

Mr. Hammond~ the Secretary thereof;

-

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Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill, as amended, of the House, to-wit:
By Mr. Jones of Elbert-
House Bill No. 54. A bill regulating the business of Industrial Life Insurance Companies in the State 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 constitutional majority the following bills of the Senate, to-wit:
By Senator Pope of the 7th District-
Senate Bill No. 91. A bill amending the income tax laws with reference to dividends received by corporations from other corporations, and for other purposes.
By Senators Atkinson of the 1st District, Millican of the 52nd District, Sammon of the 51st District, and Chason of the 8th District-
Senate Bill No. 96. A bill defining the shares of state chartered building and loan associations and Federal savings and loan associations up to $5000 insured by Federal Savings and Loan Insurance Corporation as legal investments for the funds of certain fiduciaries and corporations, and for other purposes.
Mr. Brown of Greene 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. 421. Do pass.

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869

House Bill No. 422. Do pass. House Bill No. 426. Do pass. House Bill No. 431. Do pass.
Respectfully submitted, BRoWN of Greene, Chairman.
Mr. Sartain of Walker County, Chairman of the Committee on Engrossing, submitted the following report: Mr. Speaker:
Your Committee on Engrossing has examined, found properly engrossed, and ready for transmission to the Senate, the following bills of the House, to-wit:
House Bills Nos. 405, 406. Respectfully submitted, SARTAIN of Walker, Chairman.
Mr. Groover of Troup, Chairman of the Committee on Enrolling, submitted the following report:
Mr. Speaker:
Your Committee on Enrolling has examined, found properly enrolled, and ready for transmission to the Governor, the following bills of the House, ta-wit:
House Bills Nos. 52, 71, 80, 95, 96, 109, 163, 193, 199, 224, 318, 325, 327' 337.
Respectfully submitted, GROOVER of Troup, Chairman.
Mr. Cochran of Thomas 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 hill of the Senate and have instructed

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JouRNAL OF THE HousE,

me, as Chairman, to report the same back to the House with the following recommendation:
Senate Bill No. 50. Do pass.
Respectfully submitted,
CocHRAN of Thomas, Chairman.
Mr. McCracken of Jefferson 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. 425. Do pass.
House Bill No. 407. Do pass.
House Bill No. 397. Do pass.
House Bill No. 408. Do pass.
House Bill No. 428. Do pass.
House Bill No. 360. Do not pass.
Respectfully submitted,
McCRACKEN of Jefferson, Chairman.
Mr. Pound of Hancock 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 of the House and have instructed me, as Chairman, to report the same back to the House with the following recommendations:
House Bill No. 418. Do pass.
House Bill No. 419. Do pass.

TuESDAY, JANUARY 11, 1938.

871

House Bill No. 424. Do pass. House Bill No. 416. Do pass. House Bill No. 415. Do pass. House Bill No. 414. Do pass. House Bill No. 432. Do pass. House Bill No. 433. Do pass. House Bill No. 430. Do pass. House Bill No. 429. Do pass. House Bill No. 427. Do pass, as amended.
Respectfully submitted, PouND of Hancock, Chairman.
By unanimous consent, the following bills of the House and Senate, favorably reported, were read the second time: By Senators Burgin of the 24th District, Neely of the 36th Dis-
trict, and Whitehead of the 30th District-
Senate Bill No. 50. A bill to be entitled an Act to increase the members of the Milk Control Board to seven, and for other purposes.
By Mr. Whipple of Bleckley-
House Bill No. 397. A bill to be entitled an Act to amend an Act creating a new charter for the City of Cochran, and for other purposes.
By Mr. Field of Whitfield-
House Bill No. 407. A bill to be entitled an Act to amend the charter of the City of Dalton, and for other purposes.
By Messrs. Kendrick and Hastings and Mrs. Mankin of Fulton-
House Bill No. 408. A bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, and for other purposes.

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By Messrs. Newby of Twiggs, Daughtry of Wilkinson, and Moore and Ennis of Baldwin-
House Bill No. 414. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding a certain road in Baldwin County, and for other purposes.
By Messrs. Daughtry of Wilkinson, Moore and Ennis of Baldwin, and Whipple of Bleckley-
House Bill No. 415. A bill to be entitled an Act to amend the Highway Mileage Act by adding additional mileage to the State Aid System of Roads, and for other purposes.
By Mr. Warnock of Montgomery-
House Bill No. 416. A bill to be entitled an Act to amend the Highway Mileage Act by adding additional mileage to the State Aid System of Roads, and for other purposes.
By Messrs. Harrell and Blease of Brooks and Cochran and Edwards of Thomas-
House Bill No. 418. A bill to be entitled an Act to amend the Highway Mileage Act by adding additional mileage to the State Aid System of Roads, and for other purposes.
By Mr. Adams of Franklin-
House Bill No. 419. A bill to be entitled an Act to amend the Highway Mileage Act by adding additional mileage to the State Aid System of Roads, and for other purposes.
By Mr. Reid of Wilcox-
House Bill No. 421. A bill to be entitled an Act to repeal an Act approved March 24, 1933, creating a Board of Commissioners of Roads and Revenues for Wilcox County, and for other purposes.
By Mr. Reid of Wilcox-
House Bill No. 422. A bill to be entitled an Act to repeal an Act approved August 7, 1923, which abolished the office of County Treasurer of Wilcox County, Georgia, and for other purposes.

TUESDAY, JANUARY 11, 1938.

873

By Messrs. Hollis of Morgan and Key of Jasper-
House Bill No. 424. A bill to be entitled an Act to amend the Highway Mileage Act by adding additional mileage to the State Aid System of Roads, and for other purposes.
By Mr. Spence of Ware-
House Bill No. 425. A bill to be entitled an Act to repeal an Act to provide a new charter incorporating the Town of Wares-boro in the County of Ware, and for other purposes.
By Mr. Warnell of Bryan-
House Bill No. 426. A bill to be entitled an Act to reduce the amount of the official bond of the Sheriff of Bryan County, Georgia, and for other purposes.
By Messrs. Evans of McDuffie and Clary of Columbia-
House Bill No. 427. A bill to be entitled an Act to amend the Highway Mileage Act by adding additional mileage to the State Aid System of Roads, and for other purposes.
By Messrs. Lanham, Keel, and Davis of Floyd-
House Bill No. 428. A bill to be entitled an Act to amend an Act to create a new charter and Municipal Government for the City of Rome, and for other purposes.
By Messrs. Hollis of Morgan and Bond of Oconee-
House Bill No. 429. A bill to be entitled an Act to amend the Highway Mileage Act by adding additional mileage to the State Aid System of Roads, and for other purposes.
By Mr. Jones of Elbert-
House Bill No. 430. A bill to be entitled an Act to amend the Highway Mileage Act by adding additional mileage to the State Aid System of Roads, and for other purposes.
By Mr. Field of Whitfield-
House Bill No. 431. A bill to be entitled an Act to amend Section 92-6911 of the Code of Georgia of 1933, as amended by an Act approved March 31, 1937, authorizing the tax collectors

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JouRNAL OF THE HousE,

in counties of a certain population, to relieve all penalties for failure to return taxes for 1937, and for other purposes.
By Mr. Allison of Gwinnett-
House Bill No. 432. A bill to be entitled an Act to amend the Highway Mileage Act by adding additional mileage to the State Aid System of Roads, and for other purposes.
By Mr. Clements of Wheeler-
House Bill No. 433. A bill to be entitled an Act to amend the Highway Mileage Act by adding additional mileage to the State Aid System of Roads, 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 Lindsay of the 34th District-
Senate Bill No. 35. A bill to be entitled an Act to prohibit the State of Georgia, or any Department thereof, or any political subdivision, from employing in any agency of the State, any alien except where there is no American citizen qualified for such, and for other purposes.
Referred to Committee on Industrial Relations.
By Senator Shannon of the 21st District-
Senate Bill No. 87. A bill to be entitled an Act to amend the Code in reference to referendum to repeal charters of cities of a certain population, and for other purposes.
Referred to Committee on Amendments to Constitution No.2.
By Senator Pope of the 7th District-
Senate Bill No. 91. A bill to be entitled an Act to amend the income tax laws with reference to dividends received by corporations from other corporations, and for other purposes.
Referred to Committee on Ways and Means.
By Senators Williams of the 5th District, Atkinson of the 1st District, and Jackson of the 14th District-
Senate Bill No. 92. A bill to be entitled an Act to fix and pre-

TuESDAY, JANUARY 11, 1938.

875

scribe the compensation of the Chairman and members of the Industrial Board, and for other purposes.
Referred to Committee on Industrial Relations.
By Senators Atkinson of the 1st District, Millican of the 52nd District, Sammon of the 51st District, and Chason of the 8th District-
Senate Bill No. 96. A bill to be entitled an Act to define the shares of State chartered building and loan associations and Federal Savings and Loan Associations, and for other purposes.
Referred to Committee on Special Judiciary.
The following resolutions of the House were read and adopted:
By Messrs. Sartain of Walker and Carmichael of Cobb-
House Resolution No. 111. A resolution expressing the sympathy of the House to Mr. Mavity of Walker, in the loss of his child, and for other purposes.
By Messrs. Zellner of Monroe and Daves of Dooly-
House Resolution No. 113. A resolution in reference to a "live at home" program for Georgia, to the end that Georgia may feed her own citizens without calling upon other States to assist them and for other purposes.
The following bill of the House was taken up for the purpose of considering the Senate substitute thereto:
By Mr. Musgrove of ClinchHouse Bill No. 350. A bill to be entitled an Act to repeal
an Act to abolish the County Court of Clinch County, and for other purposes.
The following Senate substit.ute to House Bill No. 350 was read:
By the Senate-
AN ACT To create and establish the County Court of Clinch in and for
the County of Clinch; to provide the place and times of hold-

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JouRNAL ot THE Houst,

ing said court; to define its jurisdiction, powers, procedure and practice; to provide for the election of a judge, solicitor; to provide for other officers of said court, define their qualifications, powers and duties, and provide for their compensation; to provide for a special election; to provide for pleading and practice in said court, writs of errors therefrom; and for other purposes.
Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that the County Court of Clinch County is hereby created and established, to be located in the City of Homerville, which is the county site of Clinch County, which court shall have civil and criminal jurisdictions over and throughout the entire County of Clinch, concurrent with the Superior Court, to try and dispose of civil cases of whatever nature, except those which the Constitution of this State has given the Superior Courts exclusive jurisdiction; and to try and dispose of all offenses below the grade of felonies committed in the County of Clinch; and the jurisdiction herein conferred shall include, in addition to ordinary suits by petition and process, attachment and garnishment proceedings, habeas-corpus proceedings, illegalities, statutory awards, counter affidavits to any proceeding from said court, proceedings against intruders and tenants holding over, proceedings for partition of personalty, distress warrants, possessory warrants, and foreclosure of all liens, mortgages, and bills of sale to secure debt, except those on real estate.
Sec. 2. Be it further enacted by the authority aforesaid, that all judgments obtained in said court shall be a lien on all property of the defendant or defendants throughout the State, in the same manner as judgments of the Superior Courts are, and all executions issuing from said County Court shall be tested in the name of the judge and signed by the clerk and directed to the sheriff or his deputies of the said County Court of Clinch County, and to all and singular the sheriffs or their deputies of the State of Georgia.
Sec. 3. Be it further enacted by the authority aforesaid, that said court shall have jurisdiction of all claim cases where personal property is levied on under execution or other process

TuESDAY, JANUARY 11, 1938.

877

from said court, and such claims shall be tried in the same manner as claims in the Superior Courts; but that claims to real estate levied on under execution or other process from said County Court shall be returnable to the Superior Court of the county where such real property is situated, and shall there proceed as other claims in the Superior Court.
Sec. 4. Be it further enacted by the authority aforesaid, that the terms of said County Court shall be monthly and quarterly, the monthly terms for the trial and disposition of both criminal and civil business in which trial by jury is not demanded, and the quarterly terms for the trial and disposition of both civil and criminal business requiring trial by jury. The said quarterly terms shall be held as follows: First Monday in January, April, July, and October of each year. Said monthly period shall be held as follows: On the first Monday of each month of the year. Provided, that the Judge of said county court may dispense with the holding of any one or more of said monthly terms, when, in his opinion, the business before the court does not justify holding the same; and providing, further, that said court shall at all times be open for the purpose of receiving pleas of guilty in criminal cases and passing sentence thereon. All terms of said court shall be held at the court house in the City of Homerville, in the said County of Clinch and shall last until the business is disposed of, unless sooner adjourned for good cause. The judge of said court may hold adjourned terms of the regular monthly and quarterly terms of said County Court; and the judge may also, in his discretion, set cases for trial at convenient times, and the same may then be tried as of the term, whether court has been held from day to day until said time or not.
Sec. 5. Be it further enacted by the authority aforesaid, that suits in said County Court shall in all respects be conformable to the mode of proceedings in the Superior Court, except as hereinafter provided; but the process to writs shall be annexed by the clerk of said County Court, be tested in the name of the judge thereof, and be directed to and served by the sheriff of the County Court of Clinch County, or his deputies thereof.
Sec. 6. Be it further enacted by the authority aforesaid

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that in all matters pertaining to service, pleadings and practice, the laws governing the Superior Courts, where not inconsistent with this Act and unless otherwise specially provided by this Act, shall be applicable to said County Court.
Sec. 7. Be it further enacted by the authority aforesaid, that said County Court of Clinch County shall be a court of record, shall have a seal, and the minutes, records, orders, and books and files that are required by law and rules to be kept for the Superior Courts shall be kept in and for said County Court and in the same manner; and all laws applicable to the powers and duties of the clerk and sheriff in said Superior Courts shall apply to them in said County Court, except where they conflict with the provisions of this Act.
Sec. 8. Be it further enacted by the authority aforesaid, that all laws for the regulating and enforcing of judgments of the Superior Courts, whether civil or criminal, shall apply to said County Court, and executions shall issue and be levied and sales be had there under the same rules and laws regulating the same in the Superior Courts.
Sec. 9. Be it further enacted by the authority aforesaid, that the judge of said County Court is authorized to appoint, at each term of said court, such number of bailiffs as he may deem necessary; and the judge of said court shall have the same power to preserve order, to enforce his orders and judgments, and to punish for contempt as is vested by law in the judges of the Superior Courts of this State.
Sec. 10. Be it further enacted by the authority aforesaid, that there shall be a judge of said County Court, who shall be elected by the qualified voters of Clinch County and commissioned by the Governor, who shall hold his office for a period of two years and thereafter until his successor is qualified. And in case of a vacancy the said office of this vacancy shall be filled by the appointment by the Governor for the unexpired term. The judge of the said County Court shall receive a salary of six hundred dollars ($600.00) per annum which shall be paid monthly by the clerk of the Board of Commissions or other person or persons who are now or may hereafter be charged by law with

TUESDAY, JANUARY 11, 1938.

879

the paying out of the money of the County of Clinch. And it shall be the duty of the Commissioners of Roads and Revenue of said county, or other proper officer, to make provision annually in levying taxes for this purpose. The said judge shall receive no other compensation but shall not be disqualified to practice law in courts other than his own.
Sec. 11. Be it further enacted by the authority aforesaid, that no person shall be eligible for the office of said judge unless he shall be at least twenty-five years of age and a citizen of the County of Clinch for a period of twelve months prior to his election, and he shall, before entering upon the duties of his office, take and subscribe the following oath: "I solemnly swear that I will administer justice without respect to persons, and do equal right to the rich and poor, and that I will faithfully and impartially perform and discharge all the duties which may be required of me as judge of the County Court of Clinch County, according to the best of my ability and understanding, agreeably to the laws and Constitution of this State and the Constitution of the United States, so help me God," which oath shall be filed in the executive department.
Sec. 12. Be it further enacted by the authority aforesaid, that whenever the judge of said County Court is from any cause disqualified from presiding and the judge of the Superior Court cannot from any cause preside in said court, as is provided for in the Constitution, then upon the consent of the parties, or upon their failure or refusal to agree, said cause be tried by a judge pro hac vice selected in the same manner as now provided for in the Superior Courts.
Sec. 13. Be it further enacted by the authority aforesaid, that in case of the absence of the judge of said County Court at any term thereof, the sheriff or clerk of said court may adjourn it to such time as the judge may in writing direct, or, if no direction be given, the court shall be adjourned to the next regular term.
Sec. 14. Be it further enacted by the authority aforesaid, that there shall be a solicitor of said County Court, elected and commissioned in the same manner provided for the election of the judge of said court. The said solicitor shall receive the same fees

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for each written accusation as are allowed for each indictment in the Superior Court, and his fees for all other services rendered shall be the same as are a solicitor general in the Superior Court; but all such fees shall be paid into the county treasury by said solicitor as collected, and in lieu thereof he shall receive the sum of fifty dollars ($50.00) per month, the same to be paid out of the county treasury. The said solicitor shall receive no other fees or compensation for his services, except that the solicitor of said County Court shall for his services in the Supreme Court and Court of Appeals be paid out of the Treasury of the State in the same manner as the solicitor general of the Superior Court is paid for like services rendered in said courts.
Sec. 15. Be it further enacted by the authority aforesaid, that no person shall be eligible to the office of solicitor of said city court unless he shall have been admitted to the practice of law for one year; and he shall, before entering the duties of his office, take and subscribe the following oath: "I do swear that I will faithfully and impartially, and without fear, favor, or affection, discharge my duties as solicitor of the County Court of Clinch County, and will take only my lawful fees of office; so help me God," which oath shall be filed in the executive department.
Sec. 16. Be it further enacted by the authority aforesaid, that in case of the absence of said solicitor or his inability from illness or otherwise to appear and prosecute any cause at any term of said court, the judge of said court may appoint a solicitor pro tempore to perform the duties of the solicitor in such absence or inability, and such solicitor pro tempore shall be entitled to receive for his services, should he require it, not exceeding three dollars ($3) per day to be paid by the solicitor out of his compensation provided for in Section 14 of this Act.
Sec. 17. Be it further enacted by the authority aforesaid, that the clerk and his deputies of the Superior Court of Clinch County shall be ex-officio clerk and deputies of said County Court. Said clerk shall, before entering upon the duties of his office, take and subscribe an oath to faithfully and impartially discharge his duties thereof, which oath shall be entered on the book of minutes of said County Court; and he shall also, before entering on the duties of his office, execute a bond with good security, to be ap-

TuEsDAY, JANUARY 11, 1938.

881

proved by the judge of said court, in the sum of five hundred dollars ($500) for the faithful discharge of the duties of his office, such bond to be in the form required for clerks of the Superior Court.
Sec. 18. Be it further enacted by the authority aforesaid, that the sheriff and his deputies of Clinch County shall be ex-officio sheriff and deputy sheriffs of the County Court of Clinch County, and in his official connection with said court the sheriff of Clinch County shall be known as the sheriff of County Court of Clinch County; before entering upon the discharge of the duties of his office, said sheriff shall execute a bond with good security in the sum of five hundred dollars ($500) for the faithful discharge of the duties of his office, said bond to be approved by the judge of said court.
Sec. 19. Be it further enacted by the authority aforesaid, that all the duties and liabilities attached to the office of clerk of the Superior Court and to the office of sheriff shall be attached to the office of clerk of the County Court of Clinch County and to the office of sheriff of the County Court of Clinch County, respectively; and that the judge of said County Court of Clinch County is empowered to enforce the same authority over the said clerk and sheriff and their deputies as is exercised by the judges of the Superior Courts over the clerks of the Superior Courts and over the sheriffs of the counties of Georgia.
Sec. 20. Be it further enacted by the authority aforesaid, that the clerk and sheriff, and their deputies of said County Court shall receive for their services the same fees as are allowed by law for like services in the Superior Court, except that in all civil actions where the principal amount claimed is less than three hundred dollars the clerk's costs shall be one-half the amount allowed for similar services in similar cases in the Superior Court; and provided, that neither the said clerk nor the said sheriff shall be entitled to any per diem fees for attending the monthly terms of said court when there is no jury empaneled for the trial of ' cases, such clerk and sheriff being entitled to per diem for attendance at the regular quarterly trial terms only. For services rendered by the clerk and sheriff where no compensation is provided by law, they shall receive such compensation as the judge

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JouRNAL OF THE HousE,

of said citv court shall in his sound discretion allow. The said sheriff and clerk shall be amenable to the same process and penalties as they are now amenable to as officers of the Superior Court, and they shall be entitled to the same remedies to enforce the collection of their fees and costs in said County Court as they are now or may hereafter be entitled to in the Superior Court. In all actions ex contractu where the amount of the judgment recovered is less than fifty dollars principal, the plaintiff shall only be entitled to recover judgment for justice court costs, and such plaintiff shall himself be liable for the balance of the costs in such case.
Sec. 21. Be it further enacted by the authority aforesaid, that a reporter or stenographer for said city court may be appointed by the judge of said court, to take down and transcribe testimony and charges of the court in criminal and civil cases tried therein. All civil cases tried in said court shall be reported at the request of either side, plaintiff or defendant, and the fees for reporting such cases shall be the same as those allowed and charged in similar cases in the Superior Court, and shall be paid by the plaintiff and defendant equally. Said reporter or stenographer shall have the right to enforce payment of his fees in the same manner authorized in like cases in the Superior Courts. The reporter or stenographer shall report all criminal cases whenever the defendant or his attorney shall demand it, and whenever the judge in his discretion shall require the same reported, whether demanded or not. Said reporter or stenographer shall receive, for his services in reporting and transcribing the record in criminal cases in said County Court, the same amount provided by law for similar services by stenographer in the Superior Courts, which shall be paid out of the treasury of the county in the same manner that the Superior Court stenographers are paid.

Sec. 22. Be it further enacted by the authority aforesaid, that it shall be the duty of the clerk of said court to prepare and file in his office a complete copy of the traverse jury list of the Superior Court of Clinch County, as provided for from time to time for such Superior Court. From said copy so made traverse jurors in said County Court shall be drawn in the following manner: The clerk of said County Court shall write upon separate tickets

TUESDAY, JANUARY 11, 1938.

883

or slips of paper the names of each traverse juror, and shall number the same and place the same in a box to be prepared and kept for that purpose, from which box shall be drawn all traverse jurors as now required by law in the Superior Courts, all laws with reference to drawing, selecting, and summoning traverse and tales traverse jurors in the Superior Courts shall apply in said County Court. All exemption from jury duty now of force in the County of Clinch shall apply and be of effect in said County Court.
Sec. 23. Be it further enacted by the authority aforesaid, that all laws in reference to the qualifications, relations, empaneling, fining and challenging of jurors now in force in this State, or hereafter enacted by the General Assembly, regulating the same in the Superior Court, shall apply to and be observed in said County Court, except when inconsistent with the provisions of this Act.
Sec. 24. Be it further enacted by the authority aforesaid, that unless, in the opinion of the judge, the business of the court demands it, traverse jurors shall be drawn and summoned to serve only at the regular quarterly terms thereof.

Sec. 25. Be it further enacted by the authority aforesaid, that from a panel of twenty-four traverse jurors drawn and summoned by the provisions of this Act, to serve at any regular or adjourned term of said court, the judge of said court shall cause to be made up two juries, which shall be known and distinguished as juries numbers one and two and all cases and issues to be tried by jury, civil or criminal, at that term of said court, shall be tried by one of these, or by a jury stricken from both, as hereinbefore provided. In case from any cause said panel should be reduced below twenty-four, the judge of said court shall have power to fill it by causing talesmen to be summoned instanter. In criminal cases tried in said court, the defendant shall be entitled to seven peremptory challenges and the State five, and in all civil cases the plaintiff and defendant shall each be entitled to six peremptory challenges; and all laws and rules, both civil and criminal, regulating the selection of juries in the Superior Court, shall apply to said County Court, except where they are inconsistent with the terms of this Act.

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Sec. 26. Be it further enacted by the authority aforesaid, that all defendants in criminal cases in which the prosecution originates in said County Court, or where such defendants are bound over to said County Court by any justice of the peace or notary public or other judicial officer, shall be tried on written accusations setting forth plainly the offense charged, founded upon affidavit of the accuser and signed by the solicitor of said County Court; and all the proceedings after accusations shall conform to the rules governing in the Superior Courts. And that in all cases tried upon accusations the offense shall be charged with the same particularity both as matter of form and substance as is required by the laws and the rules of criminal pleading to be observed in bills of indictment in the Superior Courts.
Sec. 27. Be it further enacted by the authority aforesaid, that the judge of said County Court shall have power to grant a new trial in any case, civil or criminal, in his court, upon the same terms and conditions and under the same laws and regulations governing the granting of new trials in the Superior Courts; and all rules of pleading, practice and procedure, governing motions, rules nisi and other proceedings in new trials in the Superior Courts, shall apply to and govern the same in said County Court.
Sec. 28. Be it further enacted by the authority aforesaid, that writs of error shall be directed from said County Court to the Supreme Court and the Court of Appeals of this State upon bills of exceptions filed under the same rules and regulations as govern and control the issue of writs of error and filing of bills of exceptions in the Superior Courts of this State.
Sec. 29. Be it further enacted by the authority aforesaid, that the judge of the Superior Court of Clinch County may send from the Superior Court of said county all presentments and bills of indictment for misdemeanors to said County Court for trial or other disposition, the order so transmitting such cases to be entered on the minutes of both of said courts.
Sec. 30. Be it further enacted by the authority aforesaid, that all suits shall be by petition, and process shall be made returnable to the next term of said court, whether the same is a

TuESDAY, jANUARY 11, 1938.

885

monthly or a quarterly term, provided such suit is filed in the clerk's office not less than twenty days before the first day of said term; and when the petition is filed on a date less than twenty days before the first day of said term, the process shall be made returnable to the next succeeding term thereafter, whether monthly or quarterly, which shall be the appearance term. And whenever process is not served the length of time required by law before the appearance term, such service shall be good for the next succeeding term thereafter, whether it be monthly or a quarterly term.
Sec. 31. Be it further enacted by the aforesaid authority, that in all cases, the judge at each term, monthly and quarterly, shall call the appearance docket upon some day previously fixed, or on the last day of the term, and, upon such call, all cases in which the defendant has not filed a demurrer, plea, answer or other defense shall be marked "In Default," and in such default cases, except as such may be founded upon unliquidated claims or demands, judge shall thereupon at said appearance term render judgment without the verdict of the jury; and in all default cases founded upon unliquidated claims or demands, the judge shall, at the request of the plaintiff, hear evidence of value or loss and fix the same, and the judge shall thereupon render judgment without the verdict of a jury.
Sec. 32. Be it further enacted by the authority aforesaid, that, except as otherwise provided in this Act, all laws and rules that are now or may hereafter be in force in the Superior Courts of this State, in regard to appearance and pleading, calling the appearance docket, entering and opening defaults, motions, services, waivers, acknowledgements, pleadings, trials, examinations of witnesses, conduct of cases, instructions to juries, rules of evidence, answers, amendments, demurrers, pleas, procedure and practice, legal remedies, the production of books, papers, etc., shall appertain in said County Court.
Sec. 33. Be it further enacted by the authority aforesaid, that all jurors in said County Court, for their services for every day of actual attendance, shall be paid the same amount in the same manner and under the same rules and regulations as jurors in the Superior Court of Clinch County.

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Sec. 34. Be it further enacted by the authority aforesaid, that all suits against joint obligors, joint promisors, copartners, or joint trespassers in which any one or more resides in the County of Clinch may be brought in County Court within its jurisdiction as already stated under the same rules and regulations governing such cases in the Superior Court nutatis nutandis as to copies, second originals, returns, and other matters connected by the suit.

Sec. 35. Be it further enacted by the authority aforesaid, that the judge of said County Court shall have power to cause testimony to be taken and used de bene esse, and for the purpose of perpetuating testimony within its jurisdiction in all cases according to the general laws of the State, and the judge and all other officers of said County Court shall have power, respectively, to administer oaths pertaining to their office, as the judge and other officers of the Superior Court may in like cases do; and the said judge shall also have power to attest deeds and other papers and administer affidavits in all cases anywhere in the State in which by existing laws such papers may be attested and affidavits administered by the justices of the peace of this State.
Sec. 36. Be it further enacted by the authority aforesaid, that attachments and garnishments in said court or returnable to said court shall be directed to the sheriff or his deputies of the County Court of Clinch County and to all and singular the sheriffs and constables of this State; ahd the judge of said County Court may, or any justice of the peace or notary public may, issue attachments and garnishments returnable to said County Court under the same laws that govern the issuing of attachments and garnishments returnable to the Superior Courts.

Sec. 37. Be it further enacted by the authority aforesaid, that the Commissioners of Roads and Revenues of Clinch County shall provide a suitable place in the county court house for the holding of said County Court, provide the court with such stationery, writing materials and blank accusations as may be required, and provide the necessary books for keeping the dockets, minutes and records of said court.

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Sec. 38. Be it further enacted by the authority aforesaid, that all fines and forfeitures arising from cases tried in said County Court, except the proportions due the solicitor, which shall be paid into the county treasury as provided for under Section 14 of this Act, shall be subject to the payment of the fees and costs of the clerk and sheriff of said court, the same to be distributed pro rata under the same rules and regulations governing the fees of said officers as now provided by law; provided, that in all cases in which the justices of the peace and ex-officio justices of the peace have bound over any offender to said court, or to the Superior Court and the case is afterwards transferred to said County Court, such magistrate binding over shall be entitled to share as to his costs in the particular case with the officers of said County Court hereinbefore named, upon the same terms in any fine or forfeiture that may arise therefrom; provided, further, that the County of Clinch shall not be liable to the said officers of said court, to wit, the clerk, sheriff, justices of the peace and ex-officio justices of the peace, for insolvent costs in any criminal case except the costs in the cases where the convicted defendants are hired out by the county authorities in which event the county authorities shall pay to the officers above named the costs in such cases. The clerk of said County Court is hereby charged with the duty of collecting, receiving and prorating the fines and forfeitures mentioned herein, and it shall be his duty to keep such records thereof as are required to be kept in the Superior Court, and he shall faithfully account for all moneys as received.

Sec. 39. Within five (5) days after the approval of this Act it shall be the duty of the Ordinary of Clinch County to call a special election for judge and solicitor of the County Court of Clinch County, which said election shall be held within ten (10) days after the Ordinary has issued the said call. The votes shall be consolidated and the Ordinary shall immediately publish the result of said election.

Sec. 40. It shall be the further duty of the Ordinary to call a special election every two years from the date the first special election is held at which time a judge and solicitor shall be elected.

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Sec. 41. Be it further enacted by the authority aforesaid, that for any reason any section or sections of this Act should be held unconstitutional that the remaining parts of this Act shall be valid.
Sec. 42. Be it further enacted by the authority aforesaid, that this Act shall become effective on or after passage or approval of the Governor.
Sec. 43. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby repealed.
On the question of agreeing to the Senate substitute to House Bill No. 350, the ayes were 103, the nays 0.
The Senate substitute was agreed to.
Under the order of unfinished business, the following bill of the House was again taken up for consideration:
By Mr. Thomas of Chattooga-
House Bill No. 196. A bill to be entitled an Act to be known as the" Alcoholic Beverage Control Act"; to provide for the control of the manufacture, importation, distribution and sale of spirituous liquors in original and unbroken packages; and for other purposes.
The following amendments to the committee substitute to House Bill No. 196 were read and adopted:
Messrs. Sabados and Durden of Dougherty move to amend the committee substitute to House Bill No. 196 by striking from Section 4 thereof the period at the end of Section 4 and substituting in lieu thereof a comma and the following language:
"and in those counties having a population of not less than twenty-two thousand three hundred (22,300) and not more than twenty-two thousand five hundred (22,500) according to the census of the United States of 1930 and any future census thereof."
Messrs. Turner, Candler, and Sams of DeKalb move to amend the committee substitute for House Bill No. 196 by adding the following provision to Section 4 and at the proper place in the caption of the bill:

TuESDAY, jANUARY 11, 1938.

889

"Provided that the provisions of this Act shall not apply to counties having a population of 70,100 to 70,500 according to the United States census of 1930 nor shall any future census change the status of any such county exempted from the operation of this Act."
Messrs. Grayson of Chatham, Carmichael of Cobb, Jones of Bartow, Williams of Bacon, Thomas of Chattooga, and Harris of Richmond move to amend committee substitute for House Bill No. 196 by inserting therein a new section immediately after Section 6 of the printed bill, to be known as Section 6-A and to read as follows:
Section 6-A. The State Revenue Commission of Georgia shall furnish warehouses or storage places in any county or counties wherein the sale of distilled spirits is legalized throughout the State as in its discretion it deems expedient for the purpose of furnishing ample storage space for the products of all manufacturers or distillers. The State Revenue Commission shall charge a rental on each square foot of floor space, at a rate to be determined by the State Revenue Commission which rate shall apply at the same rate per square foot for all manufacturers or distillers. The distilled spirits so stored in said State warehouses shall be taxed and the stamp provided for herein affixed before any of said distilled spirits shall be permitted to be taken from said warehouses.
The State Revenue Commission is hereby authorized and empowered to lease suitable storage places for the conducting of said warehouse business and shall operate and supervise said warehouses with State employees who shall be charged with the collection of the State tax herein provided and the rental accruing from such storage place. Said State employees shall give bond in the sum of Ten Thousand ($10,000) Dollars.
Be it further enacted, that said State warehouses shall neither deliver nor consign nor permit to be delivered or to be consigned any of the spirituous liquors stored therein to any person, firm, or corporation other than a legally licensed and qualified wholesale dealer as defined under the terms of this Act.
Be it further enacted, that it shall be unlawful for any person, firm, or corporation either as individual, wholesaler or retailer to

890

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accept delivery or shipment of spirituous liquors except through said State warehouses and upon conviction in a court of competent jurisdiction shall be punished as for a misdemeanor.
An amendment offered by Mr. Key of Jasper was read and lost.
The following amendment to the committee substitute was read and adopted:
Mr. Coleman of Lowndes moves to amend the substitute by striking Section 4 thereof the period at the end of Section 4 and substituting in lieu thereof a comma and the following:
"and in those counties having a population of not less than 29,990 and not more than 29,999 according to the census of 1930, and all future census.
An amendment offered by Mr. Ferguson of Sumter was read and lost.
The following amendments to the committee substitute were read and adopted:
Messrs. Lewis and Bargeron of Burke move to amend subsection (c) of Section 9 of the committee substitute to House Bill No. 196, as follows:
By striking the words and figures" Fifty dollars ($50.00)" from line 44 of said section, and inserting in lieu thereof the words and figures "Two hundred fifty dollars ($250.00)," so that the portion of said section, as amended, will read as follows:
"Two hundred fifty dollars ($250.00) shall be the annual fee for a Retailer's license, which fee may be reduced to one-half for licenses issued on and after August 1st of each year."
Messrs. Carmichael of Cobb, Thomas of Chattooga, Sabados of Dougherty, Grayson of Chatham, McNall of Chatham, Freeman of Bibb, Harris and Lanier of Richmond, and Smith, Leonard, and Elliott of Muscogee move to amend committee substitute to House Bill No. 196, as follows:
By striking from Section 9, subsection (c) the following: "Provided that such municipality shall never charge or receive

TUESDAY, jANUARY 11, 1938.

891

for its license or permit a sum in excess of that fixed by this Act or the Revenue Commission as the license fee for retailers" and substituting in lieu thereof the following:
In addition to licenses herein above provided for, counties and municipalities may without regard to charter restrictions, impose further licensing requirements and the payment of additional fees before a manufacturer, wholesaler, or retailer may engage in business by the county where such municipality is located.
All persons holding licenses under this Act shall display the same prominently at all times on the premises for which same was issued.
Nothing in this Act shall be construed from preventing any municipality or county from adopting all reasonable rules and regulations as may fall within the police powers of such municipalities or counties to regulate any business provided for in this Act. All municipality and county authorities issuing licenses shall within their respective jurisdiction have authority to determine the location of any distillery, wholesale business, or retail business licensed by them. No business licensed under this Act shall be operated within one hundred yards of any church or educational institution.
Messrs. Harris of Richmond, Carmichael of Cobb, Williams of Bacon, Sabados of Dougherty, Thomas of Chattooga, Grayson of Chatham, and Jones of Bartow move to amend the committee substitute to House Bill No. 196 by striking from subsection (c) of Section 9 thereof the remainder of the first paragraph of said subsection after the following language: "provided, that such municipality shall never charge or receive for its license or permit a sum in excess of that fixed by this Act or the Revenue Commission as the license fixed for retailers."
An amendment offered by Mr. Grayson of Chatham and others was ruled out of order by the Speaker.
The following amendments to the committee substitute were read and adopted:
Mr. DeFoor of Mcintosh offers to amend the substitute by striking Section 4 thereof the period at the end of Section 4 and substituting in lieu thereof a comma and the following:

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"and in those counties having a population of not less than 5,760 and not more than 5,769 according to the census of 1930 and all future census."
Mr. Brewton of Evans moves to amend the committee substitute by striking the period at the end of Section 4 and adding the following clause:
"and in those cou.nties having a population of not less than 7,095 and not more than 7,107 according to the census of 1930 and all future census."
Mr. McGraw of Meriwether moves to amend committee substitute to House Bill No. 196, by striking therefrom subsection (e) under Section 9, and substituting in lieu thereof a new subsection to be numbered (e) as follows:
No license shall be granted to any person by the State Revenue Commission for any of the above purposes unless and until a license has been procured by the applicant from the municipality located in a county where the sale of alcoholic beverages is by this Act authorized.
Mr. McGraw of Meriwether moves to amend the committee substitute to House Bill No. 196 by adding a new subsection to Section 9 of said bill same to be known as subsection (g) and to read as follows:
Said Revenue Commission is hereby authorized to issue to Commercial Growers of peaches, apples, pears, grapes and other perishable fruits grown in Georgia a license authorizing such growers to manufacture and distill liquors defined by this Act from such pt::rishable fruits in the county or counties where such fruits are grown, for which permit said growers shall pay to the Revenue Commission an annual license fee of $500.00. Provided, that any such liquors distilled or manufactured in any county where the liquors herein named are not to be sold under the terms of this Act, such licenses shall immediately store such liquors in a warehouse or warehouses designated by said Revenue Commission to sold or disposed of under the supervision of said Commission in States or counties permitting the legal sale thereof. And provided further that it shall be unlawful for such licensee to sell or dispose of any such liquors

TuESDAY, jANUARY 11, 1938.

893

in any county or counties wherein the sale of such liquors are forbidden by the terms of this Act, or to sell to any one not holding a wholesale or retail license granted under the terms of this Act.
Mr. McGraw of Meriwether moves to amend Section 11 of committee substitute to House Bill No. 196 by adding following the word "Georgia" and just before the word "from" the word "not."
Mr. Adams of Franklin County moves to amend the committee substitute for House Bill No. 196, by adding a new paragraph to be appropriately numbered, as follows:
On liquors exported beyond the limits of this state, there shall be a tax of fifteen cents (15) per gallon, or 45 per case.
An amendment offered by Mr. Jones of Brantley was read and lost.
The following amendment to the committee substitute was read and adopted:
Mr. Brewton of Evans moves to amend House Bill No. 196, by striking from Section Sixteen (16) after the word "county" in line three (3) of said Section the following:
"which county has voted against the issuance of permits;" and inserting in lieu thereof the following:
"in which county the manufacture, distribution and sale of such distilled spirits or alcohol has not been authorized under the term of this Act or its amendments."
An amendment offered by Messrs. Dukes and Scruggs of Washington was read and lost.
The following amendments to the committee substitute were read and adopted:
Messrs. Harris of Richmond, Carmichael of Cobb, Grayson of Chatham, Jones of Bartow, Williams of Bacon, Sabados of Dougherty and Thomas of Chattooga move to amend the committee substitute to House Bill No. 196 by striking therefrom

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Section 24 in its entirety and renumbering the remaining sections appropriately.

Messrs. Williams of Bacon, Sabados of Dougherty, Jones of Bartow, Grayson of Chatham, Thomas of Chattooga, and Harris of Richmond move to amend the committee substitute to House Bill No. 196 by adding a new section thereto to be known as Section 24-A and to read as follows:

"After the approval of this Act the Governor and the Comptroller General shall not be authorized to levy more than three mills ad valorem in any one year of the general property tax in this State, and the County Commissioners or Ordinary, as the case may be, of each county in this State shall be and they are hereby authorized to levy an additional sum of two mills on the dollar for general county purposes, as they may see fit, in addition to all other taxes, which they are now by law authorized to levy for the support of the county governments."

An amendment offered by Messrs. Dukes and Scruggs of Washington was ruled out of order by the Speaker.

The following amendment to the committee substitute was read and adopted:

Mr. Evans of McDuffie moves to amend the committee substitute to House Bill No. 196, by adding a new section immediately before the repealing clause, to be appropriately numbered, and to read as follows:

"Section

Be it further en-acted by the authority aforesaid

that no license or stamps shall be sold to any applicant or person,

unless an application is filed accompanied by a certificate by

the Ordinary of the County of such applicant's residence,

certifying that said applicant has been a bona fide resident of

said county for at least twelve months immediately preceding

such application; and no stamps or license shall be sold to any

person who has not been a resident for the last twelve months

immediately preceding such sale, or a county in which liquor

may be legally sold under this Act. It is the purpose and in-

tention of this section to prevent the sale of liquor in any county

other than those counties in which liquor may be legally sold

under this Act."

TuESDAY, jANUARY 11, 1938.

895

An amendment offered by Messrs. Evans of McDuffie and Brown of Peach to the committee substitute was read and lost.
The following amendments to the committee substitute were read and adopted:
Messrs. Evans of McDuffie and Jones of Elbert move to amend the committee substitute to House Bill No. 196 by adding a new paragraph immediately before the repealing clause, to be appropriately numbered, and to read as follows:
"Section . . . Be it further enacted by the authority aforesaid that nothing in this Act shall apply to counties having a population of not more than 9,020 and not less than 9,010, and not more than 18,490 and not less than 18,475 according to the United States census of 1930 or any future census of the United States, nor shall any of the Acts legalized by this Act be legalized in such counties."
Messrs. Beck of Carroll and Joel of Clarke move to amend the committee substitute to House Bill No. 196 by adding a new paragraph immediately before the repealing clause, to be appropriately numbered, and to read as follows:
"Section . . . Be it further enacted that no spirituous liquors shall be sold in this State within two hundred yards of any place of Divine worship, or educational institutions."
An amendment offered by Messrs. Beck of Carroll and Joel of Clarke was read and lost.
The following amendment to the committee substitute was read and adopted:
Messrs. Beck of Carroll and Joel of Clarke move to amend the committe substitute to House Bill No. 196 by adding a new paragraph immediately before the repealing clause, to be appropriately numbered, and to read as follows:
"Section . . . Be it further enacted by the authority aforesaid that no member of the General Assembly shall be eligible for employment under any office or job created by this Act during the term of office for which he is elected; and this provision shall apply to legislators elected in the future as well as those now elected."

896

JouRNAt oF THE Hous,

An amendment offered by Messrs. Beck of Carroll and Joel of Clarke was read and lost.
The following amendments to the committee substitute were read and adopted:
Mr. Adams of Franklin moves to amend the committee substitute for House Bill No. 196, by adding a new paragraph to be appropriately numbered, as follows:
No alcoholic beverages shall be sold by any licensee under this Act that does not fully meet all Federal requirements as to quality or purity, as represented by the label, or does not meet such standards as may be adopted by the proper State Agency enforcing this Act.
Messrs. Harris of Richmond, Carmichael of Cobb, Grayson of Chatham, Williams of Bacon, Sabados of Dougherty, Jones of Bartow, and Thomas of Chattooga move to amend the committee substitute to House Bill No. 196 by adding to the caption thereof before the words" and for other purposes" the following:
"and to provide sufficient revenue for the operation of the governments of the various counties of the State of Georgia."
Mr. Warnell of Bryan moves to amend the committee substitute by striking the period at the end of section and adding the following clause: "and in those counties having a population of not less than 5950 and not more than 5958 according to the census of 1930."
An amendment offered by Mr. Evans of McDuffie was read and lost.
The following amendments to the committee substitute were read and adopted:
Mr. Jones of Brantley moves to amend the Brewton amendment by adding or inserting at the proper place, "and to those counties having a population of not less than 6895 or more than 6925."
Mr. Preston of Bulloch moves to amend the committee substitute to House Bill No. 196 by striking from Section 4 thereof the period at the end of Section 4 and substituting in lieu thereof a comma and the following language:

TuESDAY, jANUARY 11, 1938.

897

"and in those counties having a population of not less than twenty-six thousand five hundred (26,500) and not more than twenty-six thousand six hundred and fifty (26,650) according to the census of the United States of 1930 and any future census thereof."
The following substitute offered from the floor by Mr. Lanham of Floyd to House Bill No. 196 was taken up for consideration:
By Mr. Lanham of Floyd:
Mr. Lanham of Floyd offers as substitute for House Bill No. 196.

THE ALCOHOLIC BEVERAGE CONTROL ACT
An Act to legalize, regulate and control the manufacture, sale, distribution, transportation, handling, possession, dispensing, drinking and use of alcohol, brandy, rum, whiskey, gin, spirits and all liquids containing alcohol obtained by distillation, fermentation or otherwise, except wine and beer; to create a Department of Alcoholic Beverage Control and a Georgia Alcoholic Beverage Control Board and to define and provide for the functions, duties and powers thereof; to provide for the appointment, suspension, removal, compensation, costs and expenses of such Board and its members, officers, agents and employees; to provide for licensing and taxing manufacturers, wholesalers and retailers of alcohol, brandy, rum, whiskey, gin and spirits, and all liquids and articles containing alcohol, except wine and beer, by the States, cities and towns thereof; to appropriate money for the administration of the Act and to provide for the disposition of revenues collected under the Act; to provide for the issuance of warrants for searches and seizures; to previde for the confiscation and disposition of articles declared contraband hereunder; to impose penalties for violations of this Act; to repeal all laws and parts of laws in conflict herewith, and to provide that this Act shall constitute, be designated and cited as "The Alcoholic Beverage Control Act"; and for other purposes.
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the effective date of this Act, the business of manu-

JouRNAL OF THE HousE,
facturing, transporting, distributing, selling, handling, possessing, dispensing, drinking, using and otherwise dealing in alcohol, brandy, rum, whiskey, gin, spirits and all liquids containing alcohol obtained by distillation, fermentation or otherwise, as hereinafter defined, except wine and beer, is hereby made a privilege under the laws of this State, and there are hereby imposed certain restrictions and licenses as hereinafter specified, to be paid for the exercise of such privilege.
Sec. 2. Title of Act:-Be it further enacted by the authority aforesaid, that this Act shall be known, designated and cited as "The Alcoholic Beverage Control Act."
Sec. 3. Definitions:-The following terms, wherever used or referred to in this Act shall have the following meaning, unless a different meaning clearly appears from the context:
(a) "Alcohol" shall mean the product known as ethyl or grain alcohol obtained by distillation of any fermented liquor, rectified either once or oftener, whatever may be the origin thereof, and shall include synthetic ethyl alcohol, but shall not include methyl alcohol and alcohol completely denatured in accordance with formulas approved by the Government of the United States.
(b) "Alcoholic beverages" shall include alcohol, brandy, rum, whiskey, gin and spirits, and any one or more of such varieties, and every liquid or solid, patented or not, containing alcohol and/ or spirits, and capable of being consumed by a human being. This definition shall not include wine or beer.
(c) "Board" shall mean the Georgia Alcoholic Beverage Control Board;
(d) "Boat" shall mean any craft plying the waters of this State, and used for the transportation of passengers, and which has a regular schedule.
(e) "Club" shall mean any non-profit corporation or association which is the owner, lessee or occupant of an establishment operated solely for objects of a national, social, patriotic, political or athletic nature, or the like, but not for the pecuniary gain, the advantages of which belong to all the members; it also shall mean the establishment so operated;

TuESDAY, JANUARY 11, 1938.

899

(f) "Dentist" shall mean any person duly authorized to practice dentistry pursuant to the laws of Georgia;
(g) "Dining car, club car or buffet car" shall mean any car forming a part of a passenger train, in which meals are served or luxuries and entertainment are provided for passengers.
(h) "Druggist" shall mean any person duly authorized to operate a pharmacy pursuant to the laws of the State;
(i) "Establishment" shall mean any place where alcoholic beverages of one or more varieties are manufactured, sold or used pursuant to the provisions of this Act;
(j) "Hotel" shall mean any duly licensed establishment, with ten or more bedrooms and provided with special space and accommodations where, for a valuable consideration, food is habitually furnished to persons, and which has dining room space of 400 square feet regularly set apart for the use of its guests and eight or more tables used regularly for serving meals;
(k) "Intoxicated": any person who has drunk enough alcoholic beverage to so affect his manner, disposition, speech, muscular movement, general appearance or behavior, as to be apparent to observation, shall be deemed to be intoxicated;
(1) "Manager" shall mean the appointee of the Board in charge of a State store;
(m) "Member of a club" shall mean a person who maintains his membership in the said club by the payment of monthly, quarterly, or annual dues in the manner established by the rules and regulations thereof;
(n) "Package" shall mean any container, bottle, vessel or other receptacle used for holding alcoholic beverages;
(o) "Person" shall include an individual, partnership, association, or corporation;
(p) "Physician" shall mean any person duly authorized to practice medicine pursuant to the laws of the State;
(q) "Public Place" shall mean any place, building or conveyance to which the public has or is permitted to have access, and

900

JouRNAL OF THE HousE,

any highway, street, lane, park or place of public resort or amusement. This definition does not include hotel dining rooms, hotel tap rooms, restaurants, clubs as herein defined, dining, club and buffet cars or carriers of passengers for hire, or boats used for the carrying of passengers for hire.
(r) "Residence" shall mean any building or part of a building or tent where a person resides, but does not include any part of a building which part is not actually and exclusively used as a private residence, nor any part of a hotel or club other than a private guest room thereof;
(s) "Restaurant" means any establishment provided with at least 400 square feet of floorspace and eight or more tables regularly used for serving meals to the public for a valuable consideration.
(t) "Sale" and "sell" shall include exchange, barter and traffic, and any delivery made otherwise than gratuitously, by any means whatsoever, of alcoholic beverages; to solicit or receive an order for alcoholic beverages; to keep, offer or expose the same for sale; to peddle;
(u). "Spirits" shall mean any beverage which contains alcohol obtained by distillation mixed with drinkable water and other substances in solution, except wine and beer, and includes, among other things, brandy, rum, whiskey and gin; but shall not include any such liquors completely denatured in accordance with formulas approved by the United States Government, or some department thereof;
(v) "State store" shall mean a store established by the Board under this Act, for the sale of alcoholic beverages, or any one or more varieties thereof;
(w) "Tap room" shall mean a room or rooms opening into the lobby of a hotel as herein defined, on the ground floor thereof and used for the purpose of dispensing alcoholic beverages to the public.
(x) "Veterinary" shall mean any person duly authorized to practice veterinary science pursuant to the laws of this State.

TuESDAY, JANUARY 11, 1938.

901

(y) "Wholesale druggist" shall mean any person duly authorized to manufacture, sell, deliver and ship drugs and medicines to others for the purpose of resale.
Sec. 4. Department of Alcoholic Beverage Control; Georgia Alcoholic Beverage Control Board created.-
(a) 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;
(b) The Board shall consist of three members appointed by the Governor. One of the members of the Board shall be appointed for a term of 1 year, one for a term of 2 years, and one for a term of 4 years; subsequent appointments shall be for a term of 4 years each, except appointments to fill vacancies which shall be for the unexpired terms. 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 c;>f the Board shall constitute a quorum.
(c) Each member of the Board shall receive a salary to be fixed by the Governor, and not to exceed the sum of $6,000.00 per annum.
(d) Members of the Board may be suspended or removed by the Governor at pleasure. Upon conviction of a member for a violation of any provision of this Act, he shall be removed from office by the Governor forthwith;
(e) Each member of the Board shall, before entering upon the discharge of his duties, take and subscribe an oath to faithfully discharge the duties of his office, and shall give bond payable to the Treasurer of the State, in such sum as shall from time to time be fixed by the Governor, with some surety company duly authorized to do business in this State as surety. Such bond shall be approved by the Governor and shall be conditioned for the faithful discharge of his duties. The premium of such bonds shall be paid by the Board from any funds in its hands that may

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be available for that purpose, and the bond shall be filed with and preserved by the Treasurer of the State;
(f) Each member of the Board shall devote his full time to the performance of his official duties;
(g) No member, officer, agent or employee of the Board shall, directly or indirectly, individually, or as a member of a partnership, or of an association, or as a member of the board of directors, or a 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 in the purchase or sale of alcoholic beverages by the Board or by any other person, or have any interest in or mortgage or deed to secure debt 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.
(h) The main office of the Board shall be located in the City of Atlanta.
Sec. 5. Functions, duties and powers of Board.-The functions, duties and powers of the Board shall be as follows:
(a) To buy, import and sell alcoholic beverages, and to have alcoholic beverages in its possession for sale;
(b) To control the possession, sale, transportation and delivery of alcoholic beverages by the Board;
(c) To determine the localities within which State stores shall be established and operated, and the location of such stores;
(d) 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

TuESDAY, JANUARY 11, 1938.

903

same therein. To issue permits, within its discretion, to distillers and manufacturers authorizing them to transport to and store alcoholic beverages in warehouses located in this State for sale in wholesale quantities to the Board upon its requisitions.
(e) To lease, occupy and improve any land or building required for the purposes of this Act;
(f) 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 convey the same by proper deed;
(g) 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;
(h) 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.
(i) To appoint every officer, agent and employee required for its operations, dismiss them at will, 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 Treasurer of the State, in such form and in such amounts 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 $1,000.00 per annum shall first be approved by the Governor; members of the Board are hereby vested, and such officers, agents and employees of the Board as shall be designated by the Board shall upon being so designated be vested, with like power and authority to enforce the provisions of this Act and the criminal laws of the State as are now vested in sheriffs of counties and police of cities and towns;
(j) To hold and conduct hearings, to issue subpoenas requiring the attendance of witnesses and the production of records,

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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 conduct hearings, issue subpoenas and administer oaths and take testimony thereunder;
(k) To make a reasonable charge for preparing and furnishing statistical information and compilations to persons other than (first) officials, including court and police officials, of the State and of its subdivisions, if the information requested is for official use, and (second) persons who have a personal or legal interest in obtaining the information requested, if such information is not to be used for commercial or trade purposes;
(1) 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 the Act.

Sec. 6. Power to make regulations; how published; effect thereof.-

(a) The Board may from time to time make such reasonable regulations, not inconsistent with this Act, nor the general laws of the State, as the board shall deem necessary to carry out the purposes and provisions of this Act, and to prevent the illegal manufacture, sale, distribution and transportation of alcoholic beverages, or any one or more of such illegal acts, 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 have the force and effect of law. The Board shall certify to the clerks of all Superior Courts and other courts of record having criminal jurisdiction copies of all regulations adopted by the Board; such clerks shall keep on file for public inspection all such regulations certified to them by the Board;
(b) Nothing in this Act contained shall require such regulations to be uniform in their application;

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(c) All courts shall take judicial notice of the regulations of the Board made, published and filed in accordance with the provisions of this Act.
Sec. 7. Civil liability of Board members; suits by and against Board.-
(a) No member of the Board may be sued civilly for doing or omitting to do any act in the performance of their duties as prescribed by this Act, except that he may be sued by the Treasurer of the State for a breach of his bond, and any such suit may be brought for the use of the State, or anyone aggrieved;
(b) Said Board is hereby made and constituted a Body Politic, with the right to sue and be sued. All suits against the Board shall be brought in the Superior Court of Fulton County, which Court shall have exclusive jurisdiction thereof.
Sec. 8. Annual report to Governor; what shall be contained therein.-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 the Governor a report for the twelve months ending on the 30th day of June in which year the report is made, which shall contain:
1st. A statement of the nature and amount of the business transacted by each State store under this Act during the year:
2nd. 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 result of the operations of the Board for the year;
3rd. A statement showing the license fees and taxes collected under this Act during the year;
4th. General information and remarks as to the working of this Act within the State.
5th. Such other information as shall be requested by the Governor.
(b) Every such annual report shall forthwith be laid by the Governor before the General Assembly if then in session, or if

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not in session, before the General Assembly within fifteen days after the convening of the next session.
(c) The books and records of the Board shall at all times be subject to examination and audit by the Department of Audits and Accounts, or by such other persons as the Governor may designate.
Sec. 9. Records of Board; Department of Audits and Accounts to devise and install system of accounts.-
(a) The Board shall keep such complete and accurate records as shall be necessary to show:
1st. All moneys received by the Board.
2nd. All moneys paid into the treasury of the State by the Board, and all disbursements made pursuant to the order of the Board;
3rd. The amount of moneys on hand;
4th. The kinds and amounts of alcoholic beverages on hand and the location thereof;
5th. All indebtedness and all contracts of the Board;
6th. The names, addresses, and compensation of all officers, agents and employees of the Board.
7th. All receipts from and costs and expenses incurred for and on behalf of each State store; and
8th. All real estate owned or leased and all real estate sold by the Board.
(b) The Department of Audits and Accounts shall devise and install a system of accounts for the Board.
Sec. 10. Board may establish, maintain and operate State stores for sale_of alcoholic beverages:
(a) The Board may establish, maintain and operate in such counties, cities and towns as shall be considered advisable by the Board, State stores for the sale of alcoholic beverages in accordance with the provisions of this Act and may discontinue

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907

any such store or stores when in its discretion it is advisable to do so.
(h) The Board shall from time to time fix the prices at which the various classes, varieties and brands of alcoholic beverages shall he sold in such stores; wholesale and retail prices shall he uniform throughout the State, except that the difference in cost of operating stores may he reflected in the sale price of alcoholic beverages sold at such stores.
(c) The sale of alcoholic beverages at each State store shall he conducted by a manager, and by such other officers, agents and employees as may he appointed hereunder, who shall, under the direction of the Board, he 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 of such store and the sale of alcoholic beverages thereat.
(d) No alcoholic beverages shall he sold in a State store except in a closed package, sealed and containing such label as the Board shall prescribe.
(e) No alcoholic beverages shall he consumed in a State store by any person.
(f) Not more than one gallon of alcohol or spirits shall he sold to any one person at any one time in any State store; this provision shall not limit the amount that may he sold by the Board in State stores or otherwise for industrial purposes, for manufacturing articles allowed to he manufactured under Section 22 of this Act, nor shall it limit the amount sold to persons holding retail licenses, wholesale druggists and druggists licensed under this Act.
(g) The Board may from time to time adopt regulations relating to the sale, delivery and shipment of alcoholic beverages, and alter, amend or repeal the same in order to prevent the unlawful sale and delivery thereof in and from State stores.
Sec. 11. Orders of Board for alcoholic beverages; authentication of orders and cancellations thereof.-
(a:) Every order of the Board for the purchase of alcoholic beverages shall he authenticated by the chairman of the Board

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or by a member of the Board authorized by the Board to authenticate such orders, and no order shall be binding unless so authenticated.
(b) A duplicate of every such order shall be kept on file in the office of the Board.
(c) All cancellations of orders made by the Board shall be authenticated in the same manner and a duplicate thereof kept as herein provided.
Sec. 12. When Board not required to purchase through the Supervisor of Purchases; printing of Board.-
(a) The provisions of law pertaining to the State Supervisor of Purchases and the purchasing of materials, equipment and supplies through the Supervisor of Purchases shall not apply to the purchasing of alcoholic beverages, the equivalent for furnishing State stores, the making of leases and purchasing of real estate by the Board under the provisions of this Act.
(b) All printing required by the Board shall be done through the Supervisor of Purchases and shall be paid for by the Board out of funds available for such purpose.
Sec. 13. When the State stores closed.-No sale or delivery of alcoholic beverages shall be made at any State store, nor shall any such store be kept open for the sale of alcoholic beverages:
(a) On Sunday.
(b) In any county, city or town on any day on which an election is held therein.
(c) Within one hundred yards of any church, school ground, or college campus.
(d) During such other periods and on such other days as the Board may direct.
Sec. 14. Accounts to be made quarterly and submitted to Governor; audit of accounts.-
(a) The accounts of the Board shall be made up quarterly in each year and at such other times as may be determined by

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the Governor, and in every case the Board shall prepare a balance sheet and statement of profit and loss and submit the same to the Governor.
(b). The Governor may require that the accounts of the Board be audited by the Department of Audits and Accounts, or by such other person as the Governor may designate, at such time or times as he mav see fit.
Sec. 15. Net profits, after deducting reserve fund, to be transferred to general fund of State treasury.-The net profits derived under the provisions of this Act shall, after deducting therefrom such sums as may be allowed the Board by the Governor for the creation of a reserve fund not exceeding the sum of $1,000,000.00 in connection with the administration of this Act to provide for the depreciation on the buildings, plant and equipment owned, held or operated by the Board, be paid over to the State Treasurer quarterly, within forty days after the close of each quarter.
The term "net profits" as used in this section, shall mean the total of all monies collected by the Board, less all salaries and costs, and expenses incurred in establishing and maintaining State stores, the purchasing and/or manufacturing of alcoholic beverages as authorized by the provisions of this Act, other than capital expenditures for buildings, plants, and equipment. All such sums of money as may be paid into the treasury of the State is hereby specifically appropriated for the benefit of and shall be used for the support of the common schools.
Sec. 16. State licenses which Board may grant and issue.-
The Board may grant, subject to revocation as provided in Section 21-a of this Act, the following licenses under the pravisions of this Act;
(a) Distillers' licenses, which shall authorize the licensees to manufacture alcohol, brandy, rum, whiskey and gin, and to sell and deliver or ship the same, in accordance with such regulations as the Board may adopt from time to time, in barrels, bottles or other closed containers, to the Board, and to persons outside of Georgia for re-sale outside of this State, except that

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no deliveries or shipments shall be made into any State the laws of which prohibit the consignee from receiving or selling the same.
(b) Wholesale druggist licenses to wholesale druggists, which licenses shall authorize the licensees to buy alcohol from the Board and to sell and deliver or ship the same in accordance with regulations of the Board and under its supervision, to druggists for the purpose of compounding and resale, and to persons duly authorized to operate pharmacies outside of Georgia for the purpose of compounding and resale beyond the limits of this State, 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.
i. Retail spirits licenses which shall be issued only to the following:
(1) "Clubs," as defined in this Act.
(2) "Restaurants," as defined in this Act.
(3) "Dining cars," "Club cars," or "Buffet cars" as defined in this Act.
(4) "Boats," as defined in this Act.
(5) "Hotels," with dining room space and/or "tap-rooms," as defined in this Act.
Such licensees shall be authorized to sell alcoholic beverages by the drink, or by the package, provided no sale by the package of more than one gallon shall be made to any one customer at one time. Provided further, that "tap-rooms," licensed under provisions of this Act shall keep the entrance into the lobby of the hotel in which it is located open at all times during the hours in which sales of alcoholic beverages are being made to the public.
Sec. 17. Applications for licenses.-Every person applying for any license provided for under the provisions of this Act shall file his application on a form provided by the Board, signed by such person, stating the kind of license desired, the building, place or room where he proposes to engage in such business,

TuESDAY, jANUARY 11, 1938.

911

the name of the city, town or municipality in which he proposes to conduct such business, the name under which such business will be conducted, and such other information as the Board may require. In all cases where a Club is applying for a license the application shall contain or have attached thereto a list of the names of all Club members.
Sec. 18. When Board may refuse to grant licenses; effect thereof:
(a) The Board shall refuse to grant any license mentioned in this Act if it is of the opinion:
1st. That the applicant is not a suitable person to be so licensed; or
2nd. That the place to be occupied by the applicant is not a suitable place; or
3rd. That a sufficient number of licenses have already been issued; or
4th. That the license shall not be issued.
(b) The Board shall not refuse to grant any such license except upon a hearing held after ten days notice to the applicant of the time and place of such hearing, which notice shall contain a statement of the objections to granting such license, and shall be served on the applicant as other notices are served, or by sending the same to applicant by registered mail to his last known postoffice address. The applicant shall have the right to produce evidence in his behalf at the hearing and be represented by counsel.
(c) The Board shall not issue any license until the license tax required by Section 19 of this Act is paid to the Board.
(d) The action of the Board in granting or in refusing to grant any license under the provisions of this Act shall not be subject to review by any Court, nor shall any mandamus or injunction lie in such case.
Sec. 19. State License Tax or Registration Fees:
(a) The State license tax or registration fees to be paid under the provisions of this Act shall be as follows:

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1st. For each distiller's license, One Thousand Dollars ($1,000.00) per annum.
2nd. For each retail spirits license, One Hundred Dollars ($100.00) per annum.
3rd. For each wholesale druggist license, Fifty Dollars ($50.00) per annum.
Sec. 20. Separate license for each separate place of business; when transfer allowed; to be kept posted:
(a) Each license issued by the Board under the provisions of this Act shall designate the place where the business of the licensee will be carried out. A separate license shall be required for each separate place of business.
(b) No such license shall be transferable from 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.
Subsections (a) and (c) hereof shall not apply to common carriers operating dining cars, buffet cars and club cars.
Sec. 21. When Board may suspend or revoke licenses.-
(a) The Board may suspend or revoke any licenses issued by it if it be of the opinion:
1st. That the licensee is not a suitable person to hold such license, or
2nd. That the place occupied by the licensee is not a suitable place; or
3rd. That the number of licenses issued should be reduced; or
4th. That the license should be revoked.
(b) Before the Board may suspend or revoke any license issued under the provisions of this Act, at least ten days' notice of such proposed or contemplated action by the Board shall be given to the licensee affected. Such notice shall be in writing, shall

TUESDAY, JANUARY 11, 1938.

913

contain a statement in detail of the grounds or reasons for such proposed or contemplated action of the Board, and shall be served on the licensee as other notices, or by sending the same to such licensee by registered mail to his last known postoffice address. The Board shall in 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 suspended or revoked. The licensee shall at such time and place have the right to produce evidence in his behalf and to be represented by counsel.
(c) The Board in suspending any license may impose as a condition precedent to the removal of such suspension, a requirement that the licensee pay the cost incurred by the Board in investigating the licensee and in holding the proceeding resulting in such suspension.
(d) The action of the Board in suspending or revoking any license pursuant to the provision of this section shall not be subject to review by any court nor shall any mandamus or injunction lie in any such case.
(e) Alcoholic beverages owned and in possession, or owned or in possession, for sale, by or of any licensee at the time the license of any. such person is suspended or revoked as herein provided, may be sold by such person to the Board at such price or prices and upon such terms as may be agreed upon by the Board and such person, or may, upon permits issued by the Board and upon such conditions as the Board may specify be sold to persons in Georgia licensed to sell such alcoholic beverages or may, upon permits issued by the Board, be sold 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.
Alcoholic beverages owned and in possession, or owned or in possession, for sale, by or of persons whose licenses have been terminated otherwise than by suspension or revocation may dispose of the same in accordance with the foregoing provisions of this section within such time as the Board, in its discretion, may deem proper under the circumstances, provided such period shall not be less than sixty days.

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All such alcoholic beverages owned by or in possession of any person whose license is suspended or revoked, as provided herein shall be disposed of by such person in accordance with the provisions of this section within a period of sixty days from the date of such suspension or revocation; all such alcoholic beverages owned by or in possession of any person whose license is terminated otherwise than by suspension or revocation, shall be disposed of by such person in accordance with the provisions of this section within the period allowed by the Board; all such alcoholic beverages owned by or remaining in the possession of any such person after the expiration of such period shall be deemed contraband and forfeited to the State in accordance with the provisions of Section 26 of this Act.
Sec. 22. Local Licenses.-
(a) In addition to the foregoing State license tax or registration fee 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 and/or sell, within said city or town, alcoholic beverages. The license which may be charged and collected by such cities and towns shall not exceed the following sums:
1st. For each distiller's license, One Thousand Dollars per annum.
2nd. For each retail spirits license, One Hundred Dollars per annum.
3rd. For each wholesale druggist license, $25.00 per annum.
Provided, however, that no city or town shall levy a license tax on any "dining car," "club car" or" buffet car," or any" boat," duly licensed under this Act to sell alcoholic beverages at retail, whenever such "dining car," "club car" or "buffet car," or "boat" is being operated through said city or town as a common carrier of passengers.
Sec. 23.
Manufacture and sale of medicines, toilet and antiseptic preparations, flavoring extracts and canned heat permitted. The pro-

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915

vtstons of this Act shall not be construed to prevent in any county, city or town, nor 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, of any medicine containing sufficient mediation 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, of any medicina[ 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 of 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;
(e) The Board may by regulations, which it may from time to time alter, amend or repeal, permit the manufacture, sale, delivery and shipment of" sterno," canned heats, and other similar substances, without requiring a license therefor.
Sec. 24. Sale of alcoholic beverages by druggists upon prescriptions.-Persons holding druggists' license 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.
Each druggist shall preserve, separate from other prescriptions, for a period of two years from the date filled, all prescriptions for

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alcoholic beverages filled by him. Such prescriptions shall at all times be opened to the inspection of the Board and of any duly authorized agent thereof.
Sec. 25. Physicians, dentists, veterinarians, hospitals and sanatoriums permitted to administer alcoholic beverages.-
(a) A physician may administer alcoholic beverages to a bona fide 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 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 institution who is in need of the same, 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.
Sec. 26. What alcoholic beverages, materials and other articles are contraband; forfeited to the State.-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 this Act, and all vehicles, boats and conveyances of every kind used in the transportation of alcoholic beverages in violation of this Act shall be deemed contraband and shall be forfeited to the State.
Sec. 27. Issuance of search warrants; where they may be executed and before whom returnable.-

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917

(a) 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, any officer authorized by the laws of this State to issue warrants for the arrest of offenders against the penal laws, 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 search 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 judge of the superior, city or county court, or justice of the peace, or any municipal officer clothed by law with the powers of a justice of the peace within whose jurisdiction such automobile, boat, conveyance, vehicle, trunk, grip or other article of baggage, or any of them, were transport~d or attempted to be transported contrary to law.
Sec. 28. (a) Whenever any article, which under the provisions of this Act is declared contraband and required to be forfeited to the State, has been seized, with or without a warrant, by an officer charged with the enforcement of this Act, he shall produce the same, and the person in whose possession it was found, someone of the Judicial officers hereinafter named. If no person be found in possession of said articles the return shall so state and 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 upon the premises. If the seizure is made without a warrant, a notice of such seizure signed by the officer making the seizure, shall be posted in lieu of the warrant.

(b) Upon the return of the warrant as provided in this section, the judge of the superior, city or county court or justice of the peace, or municipal officer clothed by law with the powers of

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a 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 kept, stored or possessed in violation of any of the provisions of this Act.
At such hearing if no claimant shall appear, the judge or other officer hearing the same, 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, or any municipal officer clothed by law with the powers of a justice of the peace, he shall forthwith certify the warrant and the articles seized along with the claim filed therein to any court having jurisdiction, which court shall docket the case. Thereupon the court shall hear and determine the validity of such claim.
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. 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. If the Board shall be of the opinion that any .alcoholic beverages forfeited to the State and turned over to the Board in accordance with the provisions of this section, for any reason cannot be sold and should not be de.,. stroyed, it may give the same for medicinal purposes to institutions in this State supported either in whole or in part by public funds, to supply the needs of such institutions for alcoholic beverages for such purposes. Provided that the State Health

TuESDAY, jANUARY 11, 1938.

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Department has issued a certificate stating that such institution has need for such alcoholic beverages, and provided that a record showing the amount issued in each case, to whom issued and the date when issued be made and kept in the office of the Department and in the office of said Board.
Sec. 28. Search of vehicles in which illegally acquired alcoholic beverages are being transported; or in which alcoholic beverages are being illegally transported; vehicles to be seized and forfeited; proceedings; disposition of alcoholic beverages; arrests.-
(a) Where any officer charged with the enforcement of the alcoholic beverage laws of this State shall have reason to believe that alcoholic beverages illegally acquired, or that alcoholic beverages being illegally transported, are, in any conveyance or vehicle of any kind, either on land or on water (except a conveyance or vehicle owned or operated by a railroad, express, sleeping or parlor car or steamboat company, other than barges, tugs or small craft), it shall be the duty of such officer to obtain a legal search warrant and search such conveyance or vehicle, and if such illegally acquired alcoholic beverages or alcoholic beverages being illegally transported in amounts in excess of one quart be found therein, he shall seize the same and shall also seize and take possession of such conveyance or vehicle and deliver the same and the alcoholic beverages so seized, to the sheriff of the county or one of his deputies, in which such seizure was made, taking his receipt therefor, in duplicate.
(b) The officer making such seizure shall also arrest all persons found in charge of such conveyance or vehicle and shall forthwith report in writing such seizure and arrest to the solicitorgeneral of the superior court, the solicitor of the city court, or solicitor of the county court having jurisdiction in the county or city in which such seizure and arrest were made.
(c) If the conveyance so seized be a motor vehicle required by the motor vehicle laws of Georgia to be registered, such solicitor shall forthwith notify the State Revenue Commission by letter of such seizure and the motor number of the vehicle so seized, and the said Commission shall promptly certify to such solicitor the name and address of the person in whose name

920

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such vehicle is registered; and said Commission shall also forthwith notify such registered owner in writing of the reported seizure, and the county or city wherein such seizure was made.
The certificate of said Commission, concerning such registration shall be received in evidence in any proceeding, either civil or criminal, under any provision of this Act, in which such facts may be material to the issue involved.
(d) Within ten days after receiving notice of any such seizure, the solicitor shall file, in the name of the State, an information against the seized property in the Clerk's office of the court of record in the county wherein said seizure was made; should the solicitor for any reason fail to file such information within said time, the same may, at any time within twelve months thereafter, be filed by the Attorney General, and the proceedings thereon shall be the same as if it had been filed by the solicitor.
Such information shall allege the seizure, and set forth in general terms the grounds of forfeiture of the seized property, and shall pray that the same be condemned and sold and the proceeds disposed of according to law, and that all persons concerned or interested be cited to appear and show cause why said property should not be condemned and sold to enforce the forfeiture.
The owner of and all persons in any manner then indebted or liable for the purchase price of said property, and any person having a lien thereon, if they be known to the solicitor who files said information, shall be made parties defendant thereto, and shall be served with the notice hereinafter provided for in the manner provided by law for serving a notice, at least ten days before the day therein specified for the hearing on said information, if they be residents of this State, and if they be unknown or non-residents, or cannot with reasonable diligence be found in this State, they shall be deemed sufficiently served by publication of said notice once a week for two successive weeks, in some newspaper published in such county, or if none be published therein, then in some newspaper having general circulation therein and shall send a notice by registered mail of such seizure to the last known address of the owner of such conveyance or vehicle.

TuESDAY, JANUARY 11, 1938.

921

(e) If the owner or lienor of the seized property shall desire to obtain possession thereof before the hearing on the information filed against the same, such property shall be appraised by the sheriff of the county where such information is filed.
The sheriff of the county in which the trial court is located shall promptly inspect and appraise said property, under oath, at its fair cash value, and forthwith make return thereof in writing, to the clerk's office of the court in which the proceedings are pending, upon the return of which the said owner or lienor may give a forthcoming bond, payable to the State, in an amount equal to double the appraised value of the vehicle, with security to be approved by the clerk. Upon the giving of the said bond, the said property shall be delivered to said owner or lienor.
(f) Any person claiming to be the owner of such seized property, or to hold a lien thereon, may appear at any time before final judgment of the trial court, and be made a party defendant to the information so filed, which appearance shall be by answer, under oath, in which shall be clearly set forth the nature of such defendant's claim, whether as owner or as lienor, and if as owner, the right or title by which he claims to be such owner, and if lienor, the amount and character of his lien, and the evidence thereof; and in either case, such owner shall set forth fully any reason or cause which such defendant may have to show against the forfeiture of said property.
(g) If such claimant shall deny that illegally acquired alcoholic beverages or alcoholic beverages being illegally transported in amounts in excess of one quart in such conveyance or vehicle at the time of the seizure thereof, and shall demand a trial by jury of the issue thus made, the court shall, under proper instructions, submit the same to a jury empaneled as prescribed by law, and if such jury shall find on said issue in favor of such claimant, or if the court trying such issue without a jury shall so find, the judgment of the court shall be to entirely relieve said property from forfeiture, and no costs shall be taxed against such claimant.
(h) If, on the other hand, the jury, or court trying the issue without a jury, shall find against the claimant, or if it be admitted by the claimant that said conveyance or vehicle at the time of

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seizure contained illegally acquired alcoholic beverages or alcoholic beverages being illegally transported in amounts in excess of one quart, nevertheless, if it shall appear to the satisfaction of the court that such claimant, if he claims to be the owner, was the actual bona fide owner of said conveyance or vehicle at the time of the seizure, that he was ignorant of such illegal use thereof, and that such illegal use was without his connivance or consent, express or implied, and that such innocent owner has perfected his title to the conveyance or vehicle, if it be a motor vehicle, the court shall relieve said conveyance or vehicle from forfeiture and restore it to the innocent owner, and the costs of the proceedings shall be paid by the State as now provided by law.
Where it is shown to the satisfaction of the court that the conveyance or vehicle for the forfeiture of which proceedings have been instituted was stolen from the person in possession, relief shall be granted the owner or lienor, either or both, and the cost of the proceedings shall be paid by the State as now provided by law.
(i) If any such claimant be a lienor, and if it shall appear to the satisfaction of the court that the owner of the conveyance or vehicle has perfected his title to the conveyance or vehicle if it be a motor vehicle, prior to its seizure, or within ten days from the time same was acquired, and that such lienor was ignorant of the fact that such conveyance or vehicle was being used for illegal purposes, when it was so seized, that such illegal use was without such lienor's connivance or consent, express or implied, and that he hold a bona fide lien on said property and had perfected the same in the manner prescribed by law prior to such seizure, the court shall, by an order entered of record establish said lien, upon satisfactory proof of the amount thereof; and if, in the same proceeding, it shall be determined that the owner of said seized property was himself in possession of the same, at the time it was seized, and that such illegal use was with his knowledge and consent, the forfeiture hereinbefore in this section declared, shall become final as to any and all interest and equity which the said owner, or any other person so illegally using the same, may have in such seized property, which forfeiture shall be entered of record. In the last mentioned

TUESDAY, JANUARY 11, 1938.

923

event, if the lien established is equal or more than the value of the conveyance or vehicle, such conveyance or vehicle shall be delivered to the lienor, and the costs of the proceedings shall be paid by the State as now provided by law; if the lien is less than the value of the conveyance or vehicle, the lienor may have the said conveyance or vehicle delivered to him upon the payment of the difference; should the lienor not demand delivery as aforesaid, an order shall be made for the sale of said property by the sheriff of the county in the manner prescribed by law, out of the proceeds of which sale shall be paid, first, the lien, and second, the costs; and the residue, if any, shall be paid to the Board.
(j) If however, no valid lien is established against the seized property, and upon the trial of the information, it shall be determined that the owner thereof was himself using the same, at the time of the seizure, and that such illegal use was with his knowledge or consent, the said property shall be completely forfeited to the State, and an order shall be made for the sale of said property by the sheriff of the county, in the manner prescribed by law. Out of the proceeds of such sale shall be paid the costs, and the residue shall be paid to the Board.
(k) In every case, the alcoholic beverages so seized shall be deemed contraband as provided in Section 26 of this Act and disposed of accordingly.
(1) In all cases, the actual expense incident to the custody of the seized property, and the expense incident to the sale thereof, including commissions, shall be taxed as costs.
(m) The provisions of this Act declaring what articles are contraband and subject to forfeiture to the State, do not apply to alcoholic beverages stored, kept, possessed or transported by permission of the Board or vehicles or conveyances used for the transportation of any such beverages.
Sec. 30. Illegal manufacture, a misdemeanor how person found at distillery may be punished.-
(a) Except as otherwise provided in Section 23 of this Act, if any person shall manufacture in this State alcoholic beverages without being licensed under the provisions of this Act to manu-

924

JouRNAL OF THE HousE,

facture such alcoholic beverages, he shall be guilty of a misdemeanor.
(b) Every person found at any distillery 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 if personally manufacturing the same.
Sec. 31. Illegal sale of alcoholic beverages.-lf any person who is not licensed under the provisions of this Act to sell alcoholic beverages in this State shall sell any alcoholic beverages other than permitted by the provisions of this Act, he shall be guilty of a misdemeanor.
Sec. 32. Sale of alcoholic beverages by administrators, executives, trustees, receivers, sheriffs, constables and other officers acting under authority of courts having jurisdiction in this State; how made and to whom-The provisions of Section 31 of this Act shall not apply to any administrator, executor, trustee or receiver duly appointed to represent the estate of any person licensed to sell alcoholic beverages under the provisions of this Act provided such person so appointed sells such alcoholic beverages in accordance with the provisions of this section; and that, provided, further, that the provisions of Section 31 of this Act shall not apply to sales of alcoholic beverages belonging to persons licensed to sell the same, made by sheriffs, constables and other officers acting under authority of courts having jurisdiction in this State provided such sales of alcoholic beverages are made in accordance with the provisions of this section.
Sales of alcoholic beverages by any of the persons enumerated in this section shall be made upon permits issued by the Board and shall be made only to a person who is licensed to sell such alcoholic beverages in this State, or to persons outside of Georgia for resale outside of this State, 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.
Sec. 33. Illegal sale of alcoholic beverages by licensees; If any person who holds a license issued under the provisions of this Act,

TUESDAY, JANUARY 11, 1938.

925

(a) Shall sell alcoholic beverages to any person other than to those to whom such license or this Act authorizes him to sell, or
(b) Shall sell alcoholic beverages which such license or ~his Act authorizes him to sell, but in any place or in any manner other than such license or this Act authorizes him to sell, or
(c) Shall sell any alcoholic beverage when forbidden by the provisions of this Act, or he shall be guilty of a misdemeanor.
Sec. 34. Persons to whom alcoholic beverages may not be sold.-lf any person shall sell any alcoholic beverages to any person and at the time of such sale shall know or have reason to believe that the person to whom the sale is made is less than twenty-one years of age, or is intoxicated, he shall be guilty of a misdemeanor.
Sec. 35. Failing or refusing to obey subpoenas; hindering orderly conduct and decorum of meetings; misdemeanors-If any person shall fail or refuse to obey any subpoena issued by the Board or by any member, officer, or agent authorized to issue such subpoena, or shall hinder the orderly conduct and decorum of any hearing held and conducted by the Board, or by any member, officer, or agent of the Board authorized to hold and conduct such hearing, he shall be guilty of a misdemeanor. Any person violating any provision of this section may be prosecuted and punished in the county or city in which the hearing is held.
Sec. 36. Purchase of alcoholic beverages from person not authorized to sell same, a misdemeanor. If any person shall, in this State, buy alcoholic beverages from any person other than the Board, a State store or some person authorized under the provisions of this Act to sell the same, he shall be guilty of a misdemeanor.
Sec. 37. Having, possessing, keeping, carrying, shipping, and transporting alcoholic beverages illegally acquired, a misdemeanor.
If any person, other than a common carrier, shall have, possess, keep, carry, ship or transport alcoholic beverages which have been illegally acquired by such person or any person for whom he is acting, he shall be guilty of a misdemeanor.

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JOURNAL oF THE HousE,

Spirits in the possession of any person and in containers not bearing the required government stamps or seals shall be deemed prima facie evidence that such spirits were illegally acquired.
Spirits in the possession of any person and in amounts in excess of one gallon, in containers not bearing stamps or other evidence showing the same to have been purchased from the Board or a druggist licensed to sell the same under the provisions of this Act, shall be deemed for the purposes of this Act to have been illegally acquired. Nothing in this section, however, shall be deemed applicable to any person who transports, ships, keeps or stores any alcoholic beverages in this State for the purpose of sale to the Board to meet their needed requirements.
Sec. 38. Keeping, possessing, or storing any still, or distilling apparatus, without a permit from the Board, a misdemeanor-If any person shall keep, store or have in possession any still, or distilling apparatus, without a permit from the Board, he shall be guilty of a misdemeanor.
Sec. 39. Drinking alcoholic beverages in public place; how punished; exceptions:
(a) If any person shall take a drink of alcoholic beverages or shall tender a drink of alcoholic beverages to another, whether accepted or not, at or in any public place, he shall be guilty of a misdemeanor.
(b) This section shall not prevent any person from drinking alcoholic beverages or offering a drink of alcoholic beverages to another in the dining room or other designated room as defined in Section 16 of this Act, of a hotel, restaurant, club or boat, or in a dining car, club car, or buffet car of 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 for consumption in such restaurant, hotel, dining room, or car such alcoholic beverages.
Sec. 40. Manufacturers not to sell, rent, lend or give to retail licenses or to owner of premises any money, equipment, furniture, fixtures or property; how violations punished; exceptions:
(a) If any manufacturer of alcoholic beverages, whether licensed in this State or not, or any officer or director of any such

TuESDAY, jANUARY 11, 1938.

927

manufacturer of alcoholic beverages whether licensed in this State or not, or any officer or director of any such manufacturer 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 any 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 issued 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.

Sec. 41. Members, officers, agents and employees of Board forbidden to have interest in business dealing in alcoholic beverages; not to solicit or receive remuneration or gifts from persons selling alcoholic beverages; how punished.-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 syndicate, 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 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 commission, remuneration or gift from any such person or corporation in connection with the sale or offering for sale of alcoholic beverages to the Board other than for legal services, 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 anyone on behalf of any such

928

JouRNAL OF THE HousE,

member, officer, agent or employee, he shall be guilty of a misdemeanor.
Sec. 42. What deemed common nuisances; how persons punished for maintaining, or for aiding and abetting or knowingly associating with others in maintaining same; bonds.-All houses, boat-houses, buildings, tents, club, fraternity and lodge rooms, boats, cars and places of every description including drug stores, where alcoholic beverages are manufactured, stored, sold, dis. pensed, given away or used contrary to the provisions of this Act by any scheme, or device whatever, shall be held, taken and deemed common nuisances. Any person who shall maintain, or shall aid or abet or knowingly be associated with others in maintaining such common nuisances, shall be guilty of a misdemeanor, and in addition thereto, judgment may be given that such house, building, 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 of not less than five hundred dollars and with security to be approved by the court, conditioned that the premises shall not be used for 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 43 of this Act.
Sec. 43. How premises where nuisances exist may be closed by iJ;Ijunction; how violation of injunction is punished.-The Board, duly authorized agents of the Board, the attorney general or any solicitor general of the State, or any citizen of the county, city, or town, where such nuisance as is defined in Section 42 of this Act exists, or is kept or maintained, 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 the same. The courts of equity shall have jurisdiction thereof, and in every case where the bill charges, on the knowledge or belief of complaint 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 in vacation.

TuESDAY, jANUARY 11, 1938.

929

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, fraternity room, boat, tent, or other place named in this section, and shall also restrain all persons from removing any alcoholic beverages than on said premises until the further order of the Court. All rules of evidence and the practice and procedure that pertain to proceedings in equity generally in this State may be invoked and applied to any injunction proceeding hereunder. Upon the hearing in the cause, if it shall be satisfactorily shown to the court that the allegations of the bill are true, although the premises complained of may not then be unlawfully used, the injunction shall continue against such house, building or place for such period of time as the court may order, 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.

Sec. 44. Illegal importation, shipment and transportation of alcoholic beverages; how punished.

(a) No alcoholic beverages shall be imported, shipped, transported or brought into this State unless the same be consigned to, or brought in for sale 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 23 of this Act, for wholesale druggists, for druggists, or for hospitals, to be shipped or transported direct to such persons; provided that on orders or shipments of alcohol the Board shall charge no profit other than a reasonable permit fee to be fixed by the Board.

(b) The provisions of this Act shall not prevent or prohibit any person from bringin& in his possession or in his baggage, into this State not for resale, alcohol beverages in an amount not to exceed one quart; 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

930

JouRNAL oF THE HousE,

licensed under the provisions of this Act, of common earners engaged in interstate or foreign commerce.
Sec. 45. No action may be maintained to recover price of alcoholic beverages sold in violation of Act.-No action to recover the purchase price of any alcoholic beverages sold in contravention of the provisions of this Act may be maintained.
Sec. 46. Act not to prohibit possession and use of alcoholic beverages in residences; licensed clubs allowed to keep alcoholic beverages for members of club, Act not to prohibit persons from soliciting and taking orders from Board. The provisions of this Act shall not be construed to prevent:
(a) Any person from keeping and possessing alcoholic beverages in his residence for the personal use of himself, his family, his servants or his guests, if such alcoholic beverages shall have been lawfully acquired by him, nor prevent such person, his family, or servants, from 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 of this Act.
(b) Any club licensed under the provisions of this Act from keeping for 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 of any provisions of this Act.
(c) Any person residing in Georgia or elsewhere, from soliciting and taking orders from the Board for such alcoholic beverages.
Sec. 47. Certificate of chemist of Board or State chemist may be used as evidence; court may require chemist to appear.The certificate of chemist employed by the Board, if it has one, if not, of the State chemist, when signed and sworn to by him, shall be evidence in all prosecutions for violations of this Act, and all controversies in any judicial proceedings touching the mixture analyzed by him; but on motion of the accused or any party in interest, the Court may require the chemist making the analysis to appear as a witness and be subject to crossexamination provided such motion is made within a reasonable time prior to the day on which the case is set for trial.

TuESDAY, jANUARY 11, 1938.

931

Sec. d8. Sale on school or college grounds prohibited; punishment.-No alcoholic beverages of any kind shall be sold upon any school ground or college campus, nor within one hundred yards of such ground or campus. A violation of this section shall be a misdemeanor.
Sec. 49. Punishment prescribed for violations of Act and for violations of regulations made by Board.-
(a) Any person convicted of a misdemeanor under the provisions of this Act, or convicted of violating any regulations made by the Board under the provisions of this Act, shall be punished by a fine not to exceed $1000.00, imprisonment not to exceed six months, to work in the chain-gang on the public roads, or on such other public works as the county or state authorities may employ the chain-gang, not to exceed twelve months; any one or more of these punishments in the discretion of the judge.
(b) The provisions of this Act shall not be construed to prevent the Board from cancelling the license of any person convicted of violating any provisions of this Act.
Sec. 50. Counties, cities and towns forbidden to pass or adopt ordinances or resolutions regulating or prohibiting the manufacture, possession, sale, etc., of alcoholic beverages; exceptions as to licenses.-No county, city or town shall, except as otherwise provided in Section 22 of this Act providing for the issuance of local licenses, pass or adopt any ordinance or resolution regulating or prohibiting the manufacture, possession, sale, distribution, handling, transportation, drinking, use, advertising or dispensing of alcoholic beverages in Georgia.
Sec. 51. Appropriation.-For the purpose of paying the salaries and remuneration of the members, officers, agents and employees of the Board, and all costs and expenses incurred by the Board in establishing and maintaining State Stores, and in the administration of the provisions of this Act, there is hereby appropriated from funds in the State Treasury not otherwise appropriated the sum of $250,000, or so much thereof as shall be necessary, to be paid out by the State Treasurer on warrants of the Comptroller issued on vouchers signed by the

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JouRNAL OF THE HousE,

Secretary of the Board, and contersigned by the chairman, or other member of the Board designated by the Board, or by some officer or agent of the Board authorized and designated by the Board for such purpose.
In addition to the foregoing sum, there is hereby appropriated to the Board, should the Board determine to manufacture alcoholic beverages pursuant to the provisions of this Act, from funds in the State Treasury not otherwise appropriated, the sum of $250,000.00 or so much thereof as may be necessary for the purpose of paying costs and expenses incurred by the Board in purchasing, leasing, building and operating the necessary plants and distilleries in manufacturing such alcoholic beverages.
Sec. 52. Constitutionality.-If any part or parts, section, subsection, sentence, clause or phrase of this Act is for any reason declared unconstitutional, 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 part or parts, section, subsection, sentence, clause or phrase thereof eliminated.
Sec. 53. The provisions of this Act shall apply only to those counties in Georgia having a population of fifty thousand or more according to the United States census of 1930 or any future census.
Be it further enacted, by the authority aforesaid, that all laws and parts of laws in conflict with any of the terms or provisions of this Act, be and the same are hereby repealed.
An amendment offered by Mr. Key of Jasper to the Lanham substitute was read and lost.
An amendment offered by Mr. Coleman of Lowndes to the Lanham substitute was read and lost.
The following amendment to the Lanham substitute was read and adopted:
Messrs. Candler and Sams of DeKalb move to amend the Lanham substitute for House Bill No. 196 by adding the following to Section 4 and at the proper place in the caption of the bill: "Provided that the provisions of this Act shall not apply

TuESDAY, jANUARY 11, 1938.

933

to counties having a population of 70,100 to 70,500 according to the U. S. census of 1930 nor shall any future census change the status of any such county exempted from the operation of this Act."

An amendment offered by Mr. Parker of Colquitt to the Lanham substitute to House Bill No. 196 was read and lost.

On the question of adopting the committee substitute, as amended, to House Bill No. 196, Mr. Lanham of Floyd moved the ayes and nays, and the call was not sustained.

On the adoption of the committee substitute, as amended, the ayes were 88, the nays 33.

The committee substitute, as amended, to House Bill No. 196 was adopted.

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

On the passage of the bill by substitute, as amended, Mr. Candler of DeKalb 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 Ansley Bargeron Barrett Brewton Brown of Greene Carmichael of Cobb Chappell Clark Claxton Cogdell Cohen Coleman Corbett Coxon Culpepper of Mitchell Deal Dean DeFoor

Drake Dugas Dunn Durden Edwards Elliott Etheridge Flanders Fowler Freeman Gammage
GarY
Gavin Grayson Gross Grubbs Hamby Hampton Hand

Harrell of Brooks Harrell of Irwin Harvey Hastings Hayes Herrin Hodges Horne Houston Joel Johnson Jones of Bartow Jones of Brantley Jones of Elbert Jones of Jenkins Kendrick Key
Kirbo Lanier

934

jOURNAL OF THE HousE,

Leonard Lewis Mankin Manry Martin McGehee McGraw McNall Miller Moore of Haralson Morris Musgrove

Newb.v Phillips Pirkle Preston of Bulloch Preston of Walton Ragan Rawlins Rountree Sabados Salter Sapp Simmons

Smith of Henry Smith of Muscogee Swindle Tate Thomas Trapnell Turner Warnell Welsch Williams of Bacon Wilson

Those voting in the negative were Messrs.:

Adams

Field

Allison

Fitts

Barlow

Goff

Barnard

GUYton

Batchelor

Harden

Beck

Harris

Blease

Harrison

Bond

Hart

Booth

Hendrix

Bradley

Hill of Clarke

Bridges

Hill of Screven

Brooks of Jackson

Hogg

Brooks of Oglethorpe Hollis

Brown of Peach

Holt

Campbell

Houze

Candler

Jackson

Carmichael of Randolph Jones of Dodge

Clary

Lanham

Clements

Larsen

Cochran

Lewallen

Croker

Marshall

Culpepper of Fayette McCracken

Daughtry

McCravey

Daves

Middleton

Davis

Milam

Dollar

Moore of Baldwin

Douglass

Moore of Lumpkin

Drinkard

Moore of Taliaferro

Dukes

Morgan

Ennis

Moss

Erwin

Mundy

Evans

Newton

Ferguson

Oden

Palmour Parker Perry Peters Pilcher Pound Rees Reid of Carroll Reid of Wilcox Rowland Sams Sanders Sartain Saunders Scruggs Spence Striplin Sutton Tapp
Taunton Todd Trippe Vickery Wall Walton Ware Warnock Weaver Whaley Whipple Williams of Jones Zellner

TUESDAY, JANUARY 11, 1938.

935

Those not voting were Messrs.:

Bennett Dampier Ellington Groover Herndon

Keel Mavity Patten Peebles Smith of Dodge

Wages Watkins Whitaker Yeomans Mr. Speaker

The roll call was verified.

On the passage of the bill by substitute, as amended, the ayes were 92, the nays 98.

The bill having failed to receive the requisite constitutional majority was lost.

Mr. Grayson of Chatham gave notice that at the proper time he would move that the House reconsider its action in failing to pass the bill.

The following resolution of the House was read:

By Messrs. Carmichael of Cobb, Hogg of Marion, Jones of Bartow, Flanders of Emanuel, and Ferguson of Sumter-

House Resolution No. 114. A resolution. Be it resolved by the House, the Senate concurring, that this extraordinary session of the General Assembly do adjourn sine die at six o'clock P.M., on Wednesday, January 19th.

Mr. Culpepper of Fayette moved to table the resolution, and the motion prevailed.

Mr. Sutton of Wilkes moved that the House do now take a recess for one hour.

Mr. Guyton of Effingham 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.

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JouRNAL OF THE HousE,

REPRESENTATIVE HALL, ATLANTA, GA.,

WEDNESDAY, jANUARY 12, 1938.

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

Culpepper of Mitchell

Allison

Dampier

Almand

Daughtry

Ansley

Daves

Bargeron

Davis

Barlow

Deal

Barnard

Dean

Barrett

DeFoor

Beck

Dollar

Blease

Drake

Bond

Drinkard

Bradley

Dugas

Brewton

Dukes

Bridges

Dunn

Brooks of Jackson

Durden

Brown of Greene

Elliott

Brown of Peach

Ennis

Campbell

Erwin

Candler

Etheridge

Carmichael of Cobb

Ferguson

Carmichael of Randolph Field

Chappell

Fitts

Clark

Flanders

Clary

Fowler

Claxton

Gammage

Clements

Gary

Cochran

Gavin

Cogdell

Goff

Cohen

Grayson

Coleman

Gross

Corbett

Groover

Coxon

Grubbs

Croker

GuYton

Culpepper of Fayette Hamby

Hampton Hand Harden Harrell of Brooks Harrell of Irwin Harris Harrison Hart Harvey Hastings Hayes Hendrix Herndon Herrin Hill of Clarke Hill of Screven Hodges Hogg Hollis Holt Houston Jackson Joel Johnson Jones of Bartow Jones of Brantley Jones of Dodge Jones of Elbert Kendrick Key Kirbo Lanham Lanier Larsen

WEDNESDAY, jANUARY 12, 1938.

937

Leonard Lewallen Mankin
'Manry
Marshall McCracken McOrave7 McGehee McGraw McNall Middleton Milam Miller Moore of Haralson Moore of Lumpkin Moore of Taliaferro Morgan Morris Mundy Musgrove Newby Newton Oden Palmour Parker PerrY Peters

Phillips Pilcher Pirkle Pound Preston of Bulloch Preston of Walton Ragan Rawlins Rees Reid of Oarroll Reid of Wilcox Rountree Rowland Sabados Salter Sams Sanders Sapp Sartain Scruggs Simmons Smith of Dodge Smith of HenrY Smith of Muscogee Striplin Sutton

Swindle Tapp Tate Taunton Todd Thomas Trapnell Trippe Turner VickerY Wall Walton Ware Warnell Warnock Watkins Weaver Welsch Whipple Whitaker Williams of Bacon Williams of Jones Wilson Yeomans Zellner Mr. Speaker

Mr. Hill of Screven, 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.

938

JouRNAL OF THE HousE,

4. Third reading and passage of local uncontested bills and resolutions.
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 Messrs. Marshall of Macon and Taunton of Taylor-
House Bill No. 443. A bill to be entitled an Act to amend the Highway Mileage Act by adding additional mileage to the State Aid System of Roads, and for other purposes.
Referred to Committee on Public Highways No.2.
By Mr. Gross of Stephens-
House Bill No. 444. A bill to be entitled an Act to amend the Act relating to licenses for Motor Vehicles, and for other purposes.
Referred to Committee on Public Highways No. 1.
By Mr. Hendrix of Cherokee-
House Bill No. 445. A bill to be entitled an Act to provide payment, by counties of a certain population, of actual costs incurred in the Superior Courts for trial and conviction of misdemeanor convicts, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Adams of Franklin-
House Bill No. 446. A bill to be entitled an Act to amend the Highway Mileage Act by adding additional mileage to the State Aid System of Roads, and for other purposes.
Referred to Committee on Public Highways No.2.
By Mr. Newton of Toombs-
Hause Bill No. 447. A bill to be entitled an Act establishing the City Court of Lyons, and for other purposes.
Referred to Committee on Counties and County Matters.

WEDNESDAY, }ANUARY 12, 1938.

939

By Messrs. Davis, Keel, and Lanham of Floyd-
House Bill No. 448. A hill to he entitled an Act to propose to the qualified voters of Georgia an amendment to Article 8, Section 4, Paragraph 1, of the Constitution, authorizing Floyd County to levy an additional tax for high school purposes, and for other purposes.
Referred to Committee on Amendments to Constitution No.2.
By Mr. Batchelor of Putnam-
House Bill No. 449. A hill to he entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenues for the County of Putnam, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Booth of Barrow-
House Bill No. 451. A hill to he entitled an Act to repeal an Act approved March 10, 1937, entitled: "An Act to create a Board of Commissioners of Roads and Revenues for the County of Barrow," and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Booth of Barrow-
House Bill No. 450. A hill to he entitled an Act to create the office of Commissioner of Roads and Revenues in the County of Barrow, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Hamby of Rabun-
House Resolution No. 116-451a. A resolution appropriating the sum of two hundred dollars ($200.00) to pay Robert R. Singleton for two and one-half (2U) months service as Game Warden, and for other purposes.
Referred to Committee on Special Appropriation.
By Mr. Taunton of Taylor-
House Bill No. 452. A hill to he entitled an Act to increase the salary of the Tax Commissioner of Taylor County, and for other purposes.
Referred to Committee on Counties and County Matters.

940

JouRNAL oF THE HousE,

Mr. Sartain of Walker County, Chairman of the Committee on
Engrossing, submitted the following report:
Mr. Speaker:
Your Committee on Engrossing has examined, found properly engrossed, and ready for transmission to the Senate, the following bill of the House, tO-wit:
House Bill No. 428.
Respectfully submitted,
SARTAIN of Walker, Chairman.
Mr. Groover of Troup County, Chairman of the Committee on Enrolling, submitted the following report:
Mr. Speaker:
Your Committee on Enrolling has examined, found properly enrolled, and ready for transmission to the Governor, the following bills and resolution of the House, to-wit:
House Bills Nos. 88, 92, 93, 94, 110, 115, 130, 134, 158, 165, 171, 174, 182, 184, 185, 213, 214, 238, 241, 246, 258, 261, 263, 279, 283, 292, 300, 315, 319, 350.
House Resolution No. 64-298b.
Respectfully submitted,
GROOVER of Troup, Chairman.
Mr. Kendrick of Fulton County, Chairman of the Committee on Industrial Relations, submitted the following report:
Mr. Speaker:
Your Committee on Industrial Relations have had under consideration the following bill of the Senate and have instructed me, as Chairman, to report the same back to the House with the following recommendation:
Senate Bill No. 92. Do pass.
Respectfully submitted, KENDRICK of Fulton, Chairman.

WEDNESDAY, }ANUARY 12, 1938.

941

Mr. Larsen of Laurens 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. 87. Do pass.
Respectfully submitted,
LARSEN of Laurens, Chairman.
By unanimous consent, the following bills of the Senate, favorably reported, were read the second time:
By Senator Shannon of the 21st District-
Senate Bill No. 87. A bill to be entitled an Act to amend Section 69-101 of the Code of Georgia of 1933, entitled Referendum to repeal charters of cities of less than 50,000 population, and for other purposes.
By Senators Williams of the 5th District, Atkinson of the 1st District, and Jackson of the 14th District-
Senate Bill No. 92. A bill to be entitled an Act to fix and prescribe the compensation of the chairman and members of the Industrial Board, 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. Whipple of Bleckley-
House Bill No. 397. A bill to be entitled an Act to amend an Act to create a new charter for the City of Cochran, 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 103, the nays 0.

942

JouRNAL oF THE HousE,

The bill having received the requisite constitutional majority was passed.
By Mr. Field of Whitfield-
House Bill No. 407. A bill to be entitled an Act to amend the charter of the City of Dalton, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Kendrick and Hastings and Mrs. Mankin of Fulton-
House Bill No. 408. A bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, and for other purposes.
The report 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, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Reid of Wilcox-
House Bill No. 421. A bill to be entitled an Act to repeal an Act creating a Board of Commissioners of Roads and Revenues in and for the County of Wilcox, 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, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Reid of WilcoxHouse Bill No. 422. A bill to be enti tied an Act to repeal an

WEDNESDAY, jANUARY 12, 1938.

943

Act which abolished the office of County Treasurer of Wilcox County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Warnell of Bryan-
House Bill No. 426. A bill to be entitled an Act to reduce the amount of the official bond of the Sheriff of Bryan County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Lanham, Keel, and Davis of Floyd-
House Bill No. 428. A bill to be entitled an Act to amend an Act to create a new charter for the City of Rome, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, the nays 0.
The bill having received the requisite constitutional majority was passed.
By unanimous consent, the bill was ordered immediately transmitted to the Senate.
Mr. Grayson of Chatham moved that the House reconsider its action in failing to pass the following bill of the House, to-wit:
By Mr. Thomas of Chattooga-
House Bill No. 196. A bill to be entitled an Act to be known

944

JouRNAL OF THE HousE,

as "The Alcoholic Beverage Control Act," and for other purposes.

Mr. Sahados of Dougherty moved the previous question, and the call was sustained.

On the motion to reconsider, Mr. Sams of DeKalb moved the ayes and nays, and the call was sustained.

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

Those voting in the affirmative were Messrs.:

Adams Almand Ansley Bargeron Barlow Barrett Brewton Brown of Greene Campbell Carmichael of Cobb Chappell Clark Claxton Cogdell Cohen Coleman Corbett Coxon Dampier Deal Dean DeFoor Dollar Drake Dugas Dunn Durden Elliott Field Fowler Gammage
GarY

Gavin Goff Grayson Gross Grubbs Hamby Hampton Hand Harrell of Brooks Harrell of Irwin Harvey Hastings Hayes Herrin Hodges Hollis Holt Houston Joel Johnson Jones of Bartow Jones of Brantley Jones of Elbert Kendrick Key
Kirbo Lanier Larsen Leonard Mankin ManrY McCracken

McGehee McGraw McNall Miller Moore of Haralson Morris Musgrove Newby Oden PerrY Phillips Pirkle Preston of Bulloch Rawlins Rountree Sabados Salter Sapp Simmons Smith of Muscogee Swindle Tate Taunton Thomas Trapnell VickerY Warnell Weaver Whitaker Williams of Bacon Wilson Yeomans

Those voting in the negative were Messrs.:

Barnard Beck Blease

Bond Bradley Bridges

Brooks of Jackson Brown of Peach Candler

WEDNESDAY, JANUARY 12, 1938.

945

Carmichael of Randolph Hendrix

Clements

Herndon

Croker

Hill of Screven

Culpepper of Fayette Hogg

Daughtry

Jackson

Daves

Jones of Dodge

Davis

Lanham

Drinkard

Lewallen

Dukes

Marshall

Ennis

McCravey

Erwin

Middleton

Etheridge

Moore of Lumpkin

Ferguson

Moore of Taliaferro

Fitts

Morgan

Groover

Mundy

GUYton

Newton

Harden

Palmour

Harris

Peters

Harrison

Pilcher

Hart

Pound

Rees Reid of Carroll Reid of Wilcox Rowland Sams Sanders Sartain Scruggs Smith of Dodge Striplin Sutton Todd Trippe Walton Ware Warnock Watkins Whipple Williams of Jones Zellner

Those not voting were Messrs. :

Allison Batchelor Bennett Booth Brooks of Oglethorpe
ClarY Cochran Culpepper of Mitchell Douglass Edwards Ellington Evans Flanders
Freeman

Hill of Clarke Horne Houze Jones of Jenkins Keel Lewis
Martin Mavity
Milam Moore of Baldwin Moss Parker Patten

Peebles Preston of Walton Ragan Saunders Smith of Hennr Spence Tapp
Turner Wall Wages Welsch Whaley Mr. Speaker

The roll call was verified.

On the motion to reconsider the action of the House in failing to pass House Bill No. 196, the ayes were 96, the nays 69.

The motion prevailed, .and the action of the House was reconsidered.
The following resolution of the House was read and adopted:

946

JouRNAL oF THE HousE,

By Messrs. Gross of Stephens and Carmichael of Cobb-
House Resolution No. 115. A resolution inviting Hon. Cecil B. deMille to address the House of Representatives, 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 and House, to-wit:
By Senator Pope of the 7th District-
Senate Bill No. 51. A bill amending the Act entitled "Board of Photographic Examiners" as the same appears in the Acts of the Georgia Legislature of 1937, and for other purposes.
By Senators Atkinson of the 1st District, Millican of the 52nd District, Sammon of the 51st District, and Chason of the 8th District-
Senate Bill No. 95. A bill requiring the appointment of the Federal Savings and Loan Insurance Corporation as receiver of a building and loan association chartered under the laws of Georgia, and for other purposes.
By Senator Spivey of the 16th District-
Senate Bill No. 101. A bill reducing the bond of the Sheriff of Emanuel County, Georgia, and for other purposes.
By Messrs. Whipple ofBleckley, Key of Jasper, and others-
House Bill No. 229. A bill amending the Malt Beverage Act of 1935, and for other purposes.
The following report of the Committee on Rules was submitted, read, and adopted:
Mr. Speaker:
Your Committee on Rules having had under consideration the fixing of a calendar for Wednesday, January 12th, 1938, have directed me to report the following calendar as a special and con-

WEDNESDAY, }ANUARY 12, 1938.

947

tinuing order of business to commence immediately after the period of unanimous consents on the day stated, as follows:
1. Senate Bill No. 31. Compensation of tax collectors.
2. House Resolution No. 37-176a. Relating to a Confederate soldier.
3. Senate Bill No. 10. Eminent domain.
4. Senate Bill No. 52. Prison reform bill.
5. House Bill No. 51. lnheritance tax. 6. House Bill No. 78. Insurance bill. 7. House Bill No. 240. Exempting counties fuel oil tax. 8. House Bill No. 190. Amending appropriations act. 9. House Bill No. 84. State purchasing agent. 10. House Bill No. 170. Fertilizer bill. 11. House Bill No. 202. Flint river bridge. 12. House Bill No. 117. Repeal of fish law.
13. All constitutional amendments affecting one county, general bills with local applications, bills refunding taxes and relieving of bond forfeitures.
The bills provided for in order No. 13 to be called up for passage at pleasure of the Speaker.
Respectfully submitted,
SuTTON of Wilkes, Vice-Chairman.
Under the order of business established by the Committee on Rules, the following bill of the Senate was again taken up for consideration:
By Senators Purdom of the 46th District and Jackson of the 14th District-
Senate Bill No. 31. A bill to be entitled an Act to amend the Code in reference to the fees and commissions of tax receivers and tax collectors, and for other purposes.
The following substitute to Senate Bill No. 31 was read:

948

JouRNAL OF THE HousE,

By Messrs. Culpepper of Fayette and Claxton of Camden-
A BILL
To be entitled an Act to amend Section 92-5301 of the Code of Georgia of 1933 by changing the classes and amounts of commissions allowed to tax receivers and tax collectors of State and County taxes; to provide for the fees to be allowed tax collectors on delinquent taxes; to provide for the time of payment of commissions to tax receivers; to provide for the effective date of this Act; to repeal all laws in conflict herewith; and for other purposes.
Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that Section 92-5301 of the Code of Georgia of 1933, providing for and prescribing the fees or commissions of tax receivers and tax collectors of State and County taxes, be amended by striking in its entirety the schedule of commissions therein, and by inserting in lieu thereof the following schedule, to-wit:
On all digests up to and including $3,000.00. . . . . . . . . . . . 6%
Over $3,000.00 and not exceeding $7,000.00. . . . . . . . . . . . . 5%
Over $7,000.00 and not exceeding $12,000.00............ 4%
Over $12,000.00 and not exceeding $18,000.00 ........... 3%
Over $18,000.00 and not exceeding $26,000.00 .......... 2.%'%
Over $26,000.00 and not exceeding $38,000.00. . . . . . . . . . . 2%
Over $38,000.00 and not exceeding $54,000.00........... 1%%
Over $54,000.00. . . . . . . . . . . . . . . . . . . 1.%'%
so that said Section 92-5301, when amended, shall read as follows, to-wit:
Sec. 92-5301. Commissions Enumerated. "The Commissions to be allowed to each receiver and collector of State and County taxes shall be as follows, viz.:
On all digests up to and including $3,000.00. . . . . . . . . 6%
Over $3,000.00 and not exceeding $7,000.00........... 5%

WEDNESDAY, jANUARY 12, 1938.

949

Over $7,000.00 and not exceeding $12,000.00............ 4%
Over $12,000.00 and not exceeding $18,000.00........... 3%
Over $18,000.00 and not exceeding $26,000.00 ........... 2,%'%
Over $26,000.00 and not exceeding $38,000.00. . . . . . . . . . . 2%
Over $38,000.00 and not exceeding $54,000.00........... 1%%
Over $54,000.00 ..................................... 1,%'%
Sec. 2. Be it further enacted by the authority aforesaid, that this revised and amended schedule of commissions shall apply to tax digests for the years beginning January 1, 1938.
Sec. 3. Be it further enacted by the authority aforesaid that as far as the tax collectors are concerned the above rates and schedules shall apply upon the 1st 90% of the ad valorem digests collected by the tax collector. On all taxes collected in excess of 90% of the total of taxes due according to the tax digest, prior to the year 1938, the tax collectors shall be paid for collecting the State's part of such delinquent taxes 10% of all such collections, irrespective of the above and foregoing schedules and rates.
Sec. 4. Be it further enacted by the authority aforesaid that it shall be the duty of the tax collector to pay to the tax receiver his commissions due by the State and by the County, upon the production of the Comptroller General's receipt for his digest, with a specification therein of the amount of commissions to which he is entitled, and not otherwise; and to produce said receiver's receipts, with his receipts thereon, to the Comptroller General, before he shall be allowed credits for such commissions.
Sec. 5. Be it further enacted by the authority aforesaid, that all laws, and parts of laws in conflict herewith be and the same are hereby repealed.
Mr. Swindle of Berrien moved the previous question, the call was sustained, and the main question was ordered.
The following amendments to the original Senate Bill No. 31 were read and adopted:
The committee moves to amend Senate Bill No. 31 in the following respects, ta-wit:

950

JouRNAL oF THE HousE,

First, by striking from Section 1 thereof the following words, to-wit:
"less the gross fees such officers have received from certifying exemptions, and fees and commissions due such tax receiver shall be paid accordingly."
Second, by inserting in line seven (7) of Section 5 after the word "Comptroller General" and just preceding the word "before" the words "or County Officials."
Third, by striking all of the proviso at the end of Section 5 of Senate bill, the portion being stricken being the following words, tO-wit:
"Provided that in no case shall the fees of any tax receiver or tax collector exceed the amount of fees received for the year 1937 and that any excess shall revert to the treasury of the county affected."
Mr. Hill of Screven moves to amend Senate Bill No. 31 by adding a section appropriately numbered to read as follows:
"This Act shall expire December 31, 1938.
Messrs. Carmichael of Cobb and Lanham of Floyd move to amend Senate Bill No. 31 by striking from Section 3 thereof all of the words after the words and figures 1938 and by placing a period after said figures.
Mr. Reid of Carroll amends Senate Bill No. 31 by adding the following paragraph to be appropriately numbered as follows:
"Provided that nothing in this Act will apply to counties now having or who hereafter may have tax collectors, receivers or commissioners on salary basis."
Messrs. Dollar of Grady and Gross of Stephens move to amend Senate Bill No. 31 by adding the following proviso at the end of Section 2 as follows:
"Provided, however, that all fees and commissions shall be paid to the county and not to the tax commissioner, tax receiver or tax collector where said commissioner, collector or receiver is paid entirely on a salary basis."

WEDNESDAY, jANUARY 12, 1938.

951

The following amendment to the substitute to Senate Bill No. 31 was read and adopted:
Mr. Hodges of Liberty moves to amend the substitute to Senate Bill No. 31, as follows: by adding the word "net" before the word "digest" wherever the same appears in the substitute, so that the commissions shall be computed only on the net digest.
By unanimous consent, the substitute offered by Messrs. Culpepper of Fayette and Claxton of Camden to Senate Bill No. 31 was adopted, as amended.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to, by substitute, as amended.
On the passage of the bill, by substitute, as amended, the ayes were 105, the nays 5.
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.
Under the order of business established by the Committee on Rules, the following bill of the Senate was taken up for consideration and read the third time:
By Senator Williams of the 5th District-
Senate Bill No. 75.
A BILL
To be entitled an Act to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize the Town of Willacoochee to incur a bonded indebtedness in addition to that heretofore authorized by the Constitution and laws of Georgia for the purpose of refunding and retiring its existing bonded indebtedness due and unpaid as of January 1, 1939, and which becomes due up to and including July 1, 1941; to provide that the funds raised from such additional bonded indebtedness shall be used exclusively for the retirement of said bonded

952

JouRNAL OF THE HousE,

indebtedness that is, or may become due and unpaid as of January 1, 1939, and/or July 1, 1941; to provide for the submission of the amendment for ratification by the people; and for other purposes.
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Article 7, Section 7, Paragraph 1, of the Constitution of Georgia which has heretofore been amended, shall be further amended by adding at the end thereof a new paragraph in the following words, to-wit:
"And except that the Town of Willacoochee may issue refunding serial bonds not in excess of the aggregate sum of $15,000.00 for the purpose of refunding and retiring any bonded indebtedness of said city outstanding, past due and unpaid on January 1, 1939, and any bonded indebtedness of said city outstanding and which may become due up to and including July 1,1941, and provide for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said bonds as they fall due; the proceeds of all such refunding bonds so issued by the Town of Willacoochee to be used exclusively for the purpose of paying and retiring said bonded indebtedness that is or may become due and unpaid as of January 1, 1939, and/or July 1, 1941; and provided further, that such indebtedness shall not be incurred except with the assent of two-thirds of the qualified voters of said Town of Willacoochee at an election or elections to be held as may be now, or may hereafter be prescribed by law for the incurring of new debts by said Town of Willacoochee.
Sec. 2. Be it further enacted by the authority aforesaid, that when said amendment shall be agreed to by two-thirds vote of the members of each House, with the "Ayes" and "Nays" thereon and published in one or more newspapers in each Congressional District in this State, for two months previous to the time for holding the next general election, at which proposed amendments to the Constitution of this State may be voted on, and shall at said next general election be submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words," For ratifica-

WEDNESDAY, }ANUARY 12, 1938.

953

tion of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the Town of Willacochee to issue refunding bonds," and all persons opposed to the adopting of said amendment shall have written or printed on their ballots the words, "Against ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the Town of Willacoochee to issue refunding bonds," and if a majority of the electors qualified to vote for ratification thereof, when the results shall be consolidated as now required by law in election for members of the General Assembly, the said amendment shall become a part of Article 7, Section 7, Paragraph 1, of the Constitution of the State, and the Governor shall make a proclamation therefor, as provided by law.

Sec. 3. All laws and parts of laws in conflict herewith are -hereby repealed.

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

On the passage of the bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams

Cogdell

Allison

Cohen

Almand

Corbett

Ansley

Coxon

Bargeron

Croker

Barlow

Culpepper of Fayette

Barnard

Dampier

Batchelor

Daughtry

Beck

Daves

Blease

Davis

Booth

Deal

Bradley

DeFoor

Bridges

Douglass

Brooks of Jackson

Drake

Brown of Peach

Drinkard

Candler

Dugas

Carmichael of Randolph Dukes

Clary

Durden

Claxton

Edwards

Clements

Ennis

Cochran

Erwin

Etheridge Ferguson Fitts Fowler Gammage
Gary
Gavin Goff Grubbs GUYton Hamby Hampton Hand Harden Harrell of Irwin Harris Harrison Hart Harvey Hastings Hayes

954

jOURNAL OF THE HousE,

Hendrix Herrin Hill of Clarke Hodges Hogg Hollis Holt Houze .Jackson .Joel .Tones of Bartow .Tones of Brantley .Tones of Dodge .Tones of Elbert .Tones of .Jenkins Kendrick Kirbo Larsen Leonard Lewallen Lewis Marshall McCracken McCravey McGehee McGraw Middleton

Milam Miller Moore of Haralson Moore of Lumpkin Moore of Taliaferro Morgan Morris Mundy Newton Palmour Perry Peters Pilcher Pirkle Preston of Bulloch Ragan Rees Reid of Carroll Reid of Wilcox Rountree Rowland Salter Sams Sanders Sapp Sartain

Those not voting were Messrs.:

Barrett Bennett Bond Brewton Brooks of Oglethorpe Brown of Greene Campbell Carmichael of Cobb Chappell Clark Coleman Culpepper of Mitchell Dean Dollar Dunn Ellington Elliott Evans

Field Flanders Freeman Grayson Gross Groover Harrell of Brooks Herndon Hill of Screven Horne Houston .Johnson Keel Key
Lanham Lanier Mankin ManrY

Saunders Scruggs Simmons Smith of Dodge Smith of Henry Sutton Swindle Tapp Tate Thomas Trapnell Trippe Turner VickerY Wall Walton Ware Watkins Welsch Whaley Whitaker Williams of Bacon Williams of .Tones Wilson Yeomans Zellner
Martin Mavity McNall Moore of Baldwin Moss Musgrove Newby Oden Parker Patten Peebles Phillips Pound Preston of Walton Rawlins Sabados Smith of Muscogee Spence

WEDNESDAY, jANUARY 12, 1938.

955

Striplin Taunton Todd

Wages Warnell Warnock

Weaver Whipple Mr. Speaker

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

On the passage of the bill, the ayes were 142, the nays 0.

The bill having received the requisite two-thirds constitutional majority was passed.

By unanimous consent, the House agreed to stay in session until 2:30 or 2:45 o'clock P. M., this afternoon.

Hon. Cecil B. deMille, accompanied by Governor Rivers, and other distinguished guests, appeared upon the floor of the House, and made a brief address to the members.

Under the order of business established by the Committee on Rules, the following resolution of the House was taken up for consideration and read the third time:

By Mrs. Mankin and Mr. Hastings of Fulton-

House Resolution No. 37-176a. A resolution directing the Department of Public Welfare to add the name of Mrs. Shirley Gay Reynolds to the Confederate Pension Rolls, and for other purposes.

Mr. Jones of Elbert moved the previous question, the call was sustained, and the main question was ordered.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, the ayes were 103, the nays 3.

The resolution having received the requisite constitutional majority was adopted.

The following bill of the House was taken up for the purpose of considering the Senate amendment thereto:

By Mr. Welsch of CobbHouse Bill No. 68. A bill to be entitled an Act to amend the

956

JouRNAL oF THE HousE,

Code of Georgia of 1933, relating to the exercising of the right of eminent domain, and for other purposes.
The following Senate amendment to House Bill No. 68 was read:
The Senate amends House Bill No. 68 as follows:
1st. By adding after the caption the words
"Section 1"
2nd. By adding before the Repealing Clause the following:
"Section 2"
"The county authorities consisting of the ordinary or county commissioners, as the case may be, shall have the right to condemn for detours necessary or useful in the improving, reconstruction, widening, laying out, altering, grading or repairing of public roads in their respective counties."
3rd. By numbering the Repealing Clause as" Section 3."
4th. By adding at the end of the caption the following:
"And to provide county authorities shall have authority to condemn for detours, and for other purposes."
On the question of agreeing to the Senate amendment to House Bill No. 68, the ayes were 119, the nays 0.
The Senate amendment to House Bill No. 68 was agreed to.
Under the order of business established by the Committee on Rules, the following bills of the House and Senate were taken up for consideration and read the third time:
By Senator Robinson of the 13th District-
Senate Bill No. 10. A bill to be entitled an Act to amend the Code of Georgia of 1933, so as to increase the width which the State Highway Board and the Federal Government may secure by condemnation for State Aid and Federal Aid Roads, and for other purposes.
Mr. Smith of Muscogee moved the previous question, the call was sustained, and the main question was ordered.

WEDNESDAY, }ANUARY 12, 1938.

957

An amendment offered by Mr. Booth of Barrow was read and lost.
An amendment offered by Mr. Hogg of Marion was read and lost.
Mr. Dollar of Grady moved to table the bill, and the motion was lost.
The following amendment was read and adopted:
Mr. Swindle of Berrien moves to amend Senate Bill No. 10 by adding thereto a new section to be appropriately numbered and to read as follows:
In any event where more than 100 feet is condemned, the State Highway Department shall pay the compensation for all right of way condemned in addition to 100 feet in width and the State Highway Department shall also pay all consequential damages resulting from such condemnation.
An amendment offered by Mr. Houston of Worth was read and lost.
An amendment offered by Mrs. Mankin of Fulton and Mr. Harris of Richmond was read.
An amendment to the amendment by Mrs. Mankin of Fulton and Mr. Harris of Richmond, offered by Mr. Sams of DeKalb, was read and lost.
The Mankin-Barris amendment was lost.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, Mr. Brown of Peach moved the ayes and nays, and the call was not sustained.
On the passage of the bill, as amended, the ayes were 70, the nays 54.
The bill having failed to receive the requisite constitutional majority was lost.
Mr. Booth of Barrow gave notice that at the proper time he would move that the House reconsider its action in failing to pass the bill.

958

JouRNAL oF THE HousE,

By Messrs. Davis, Keel, and Lanham of Floyd-
House Bill No. 366. A bill to be entitled an Act to authorize the board of education of certain counties, to insure the lives and health of all teachers and other employees of such boards of education, 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 103, the nays 0.
The bill having received the requisite constitutional majority was passed.
The following resolutions of the House were read and adopted:
By Messrs. Lewis of Burke, Leonard of Muscogee, Durden of Dougherty, and Lanham of Floyd-
House Resolution No. 117. A resolution that the Flags of the United States and of the State of Georgia always be displayed above the Speaker's stand during all sessions of the House, and for other purposes.
By Mr. Carmichael of Cobb-
House Resolution No. 118. A resolution in reference to the 45th birthday of Mr. Corbett of Atkinson, and for other purposes.
By Messrs. Brooks of Jackson, Williams of Jones, Moore of Lumpkin, and Adams of Franklin-
House Resolution No. 119. A resolution in reference to the illness of the wife of Hon. W. A. \Vages of Jackson County, and for other purposes.
Under the order of business established by the Committee on Rules, the following bills of the House were taken up for consideration and read the third time:
By Messrs. Joel and Hill of Clarke-
House Bill No. 375. A bill to be entitled an Act to fix the amount of bond to be furnished by sheriffs in all counties of the

WEDNESDAY, jANUARY 12, 1938.

959

State of Georgia 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 116, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Field of Whitfield-
House Bill No. 431. A bill to be entitled an Act to amend the Code of Georgia of 1933, entitled" Tax Assessments by Counties," and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Weaver, Freeman, and Horne of Bibb-
House Bill No. 404. A bill to be entitled an Act to provide for the listing of taxpayers in counties having a certain population, and for other purposes.
The following amendment was read and adopted:
Messrs. Candler, Sams, and Turner of DeKalb move to amend House Bill No. 404 by changing the words and figures "75,000" to "70,000" wherever they appear in said bill.
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 104, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
Mr. Smith of Muscogee moved that the House do now adjourn until 9:30 o'clock tomorrow morning.

960

JouRNAL OF THE HousE,

Mr. Jones of Elbert moved that the House do now adjourn, and the motion was lost.
The motion to adjourn until 9:30 o'clock tomorrow morning prevailed.
Leaves of absence were granted to Messrs. Moore of Taliaferro and Horne of Bibb.
. The Speaker announced the House adjourned until tomorrow morning at 9:30 o'clock.

THURSDAY, JANUARY 13, 1938.

961

REPRESENTATIVE HALL, ATLANTA, GA.,
THURSDAY, JANUARY 13, 1938.
The House met, pursuant to adjournment, this day at 9:30 o'clock A.M., was called to order by the Speaker and opened with prayer by the Chaplain.
By unanimous consent, the call of the roll was dispensed with.
Mr. Dampier of Laurens, Acting Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
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 bills and resolutions.
5. First reading and reference of Senate bills and resolutions.
By unanimous consent, the following bills and resolution of the House were introduced, read the first time, and referred to the committees:
By Mr. Deal of Bulloch-
Hause Bill No. 453. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding a certain road in Bulloch County, and for other purposes.
Referred to Committee on Public Highways No.2.

962

JouRNAL OF THE HousE,

By Mr. Harrell of Brooks-
House Bill No. 454. A bill to be entitled an Act to authorize the tax collectors and tax commissioners of the various counties of this State to accept partial payments on delinquent ad valorem taxes and to provide for the transmission of the returns to the Comptroller General, and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Booth of Barrow-
House Bill No. 455. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding a certain road in Barrow and Jackson Counties, and for other purposes.
Referred to Committee on Public Highways No.2.
By Mr. McCracken of Jefferson-
House Resolution No. 120-455a. A resolution authorizing the State Librarian to furnish the Ordinary of Jefferson County with certain law books, and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Dampier and Larsen of Laurens, and Jones and Smith of Dodge-
House Bill No. 456. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding additional mileage in Dodge and Laurens Counties, and for other purposes.
Referred to Committee on Public Highways No.2.
By Mr. Whipple of Bleckley-
House Bill No. 457. A bill to be entitled an Act to amend an Act, approved August 15, 1904, entitled an Act to provide and create a new charter for the Town of Cochran, in the County of Bleckley, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Hastings of FultonHouse Bill No. 458. A bill to be entitled an Act to provide
for the payment of municipal, county, State, school district, and

THURSDAY, JANUARY 13, 1938.

963

other ad valorem taxes upon a monthly, quarterly, semi-annual basis, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Palmour of Hall-
House Bill No. 459. A bill to be entitled an Act to amend an Act to clarify the name of a certain school district in Hall County, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Field of Whitfield-
House Bill No. 460. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding additional mileage in Whitfield County, and for other purposes.
Referred to Committee on Public Highways No.2.
By Messrs. Adams of Franklin, Kirbo of Decatur, Hogg of Marion, Dukes of Washington, and Weaver of Bibb-
House Bill No. 461. A bill to be entitled an Act to provide a reduction in salaries of all persons on the payroll of the State receiving a salary or other payments from the State of more than $200.00 per month, and for other purposes.
Referred to Committee on Public Welfare.
By Mr. Campbell of Newton-
House Bill No. 462. A bill to be entitled an Act to amend an Act to establish a new charter for the Town of Mansfield, in the County of Newton, and for other purposes.
Referred to Committee on Municipal Government.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate and House, to-wit:

964

JouRNAL OF THE HousE,

By Mr. Jones of Brantley-
Hause Bill No. 228. A bill changing from the fee to the salary system in certain counties of Georgia, the Clerk of the Superior Court, the Sheriff and the Ordinary, and for other purposes.
By Messrs. Joel and Hill of Clarke-
House Bill No. 344. A bill amending the charter of the City of Athens, so as to authorize the city to enact zoning laws, and for other purposes.
By Mr. Adams of Franklin-
House Bill No. 357. A bill authorizing the City of Royston to enact zoning laws, and for other purposes.
By Messrs. Simmons and Kirbo of Decatur-
House Bill No. 367. A bill amending Section 21 of the Act creating a new charter for the City of Bainbridge, and for other purposes.
By Messrs. Edwards and Cochran of Thomas-
House Bill No. 368. A bill amending the Act creating a new charter for the Town of Meigs, and for other purposes.
By Mr. Adams of Franklin-
House Bill No. 372. A bill reducing the bond of the Sheriff of Franklin County, and for other purposes.
By Mr. Musgrove of Clinch-
House Bill No. 391. A bill amending an Act creating the offices of Commissioners of Roads and Revenues in Clinch County, and for other purposes.
By Mr. Herrin of Echols-
Hause Bill No. 392. A bill reducing the bond of the Sheriff of Echols County, and for other purposes.
By Mr. Daughtry of Wilkinson-
House Bill No. 400. A bill abolishing the County Court of Wilkinson County, and for other purposes.

THURSDAY, JANUARY 13, 1938.

965

By Senator Patten of the 6th District-
Senate Bill No. 89. A bill amending the Constitution of Georgia so as to provide for a new Senatorial District with reference to the Counties of Lanier, Lowndes, and Echols, 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, as amended, the following bill of the House, to-wit:
By Mr. Claxton of Camden-
House Bill No. 72. A bill empowering the governing authorities of all counties having a population of less than 6,335 and more than 72.4 miles of highway on the State Highway System, to increase the compensation of sheriffs, and for other purposes.
Mr. Brown of Greene 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. 435. Do pass.
House Bill No. 437. Do pass.
House Bill No. 439. Do pass.
House Bill No. 450. Do pass.
House Bill No. 451. Do pass.
Respectfully submitted,
BRowN of Greene, Chairman.
Mr. Sartain of Walker County, Chairman of the Committee on Engrossing, submitted the following report:

966

JouRNAL OF THE HousE,

Mr. Speaker:
Your Committee on Engrossing has examined, found properly engrossed, and ready for transmission to the Senate, the following bills and resolution of the House, to-wit:
House Bills Nos. 366, 375, 397,404,407,408,421,422,426,431.
House Resolution No. 37-176a. Respectfully submitted, SARTAIN of Walker, Chairman.
Mr. Groover of Troup County, Chairman of the Committee on Enrolling, submitted the following report:
Mr. Speaker:
Your Committee on Enrolling has examined, found properly enrolled, and ready for transmission to the Governor, the following bills of the House, to-wit:
House Bills Nos. 68, 229, 391. Respectfully submitted, GROOVER of Troup, Chairman.
Mr. McGraw of Meriwether 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 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. 53. Do pass. Respectfully submitted, McGRAw of Meriwether, Chairman.
Mr. McCracken of Jefferson County, Chairman of the Committee on Municipal Government, submitted the following report: Mr. Speaker:
Your Committee on Municipal Government have had under

THURSDAY, jANUARY 13, 1938,

967

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. 441. Do pass.
Respectfully submitted,
McCRACKEN of Jefferson, Chairman.
Mr. McCracken of Jefferson County, Chairman of the Committee on Municipal Government, submitted the following report:
Mr. Speaker:
Your Committee on Municipal Government have had under consideration the following bill of the Senate and have instructed me, as Chairman, to report the same back to the House with the following recommendation:
Senate Bill No. 97. Do pass, as amended.
Respectfully submitted,
McCRACKEN of Jefferson, Chairman.
Mr. Trapnell of Candler County, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary have had under consideration the following bill and resolution of the Senate and House and have instructed me, as Chairman, to report the same back to the House with the following recommendations:
Senate Bill No. 96. Do pass.
House Resolution No. 112-439a. Do pass.
Respectfully submitted,
TRAPNELL of Candler, Chairman.
By unanimous consent, the following bills and resolutions of the House and Senate, favorably reported, were read the second time:

968

JouRNAL OF THE HousE,

By Senator Millican of the 52nd District-

Senate Bill No. 53. A bill to be entitled an Act to amend Section 92-4910, of the Code of Georgia of 1933; to provide for weekly settlement by tax collectors; and for other purposes.

By Senators Atkinson of the 1st District, Millican of the 52nd District, Sammon of the 51st District, and Chason of the 8th District-

Senate Bill No. 96. A bill to be entitled an Act to define the

shares of State chartered building and loan associations and

federal savings and loan associations up to $5,000.00 insured by

Federal Savings and Loan Insurance Corporation as legal invest-

ments for the funds of certain fiduciaries and corporations, and

for other purposes.



By Senators Neely of the 36th District and Kimbrough of the 25th District-

Senate Bill No. 97. A bill to be entitled an Act to amend the charter of the City of Manchester, and for other purposes.

By Mr. Harris of Richmond-

House Resolution No. 112-439a. A resolution to relieve Charles R. Wrenn of bond forfeiture, and for other purposes.

By Mr. Wall of Schley-

House Bill No. 435. A bill to be entitled an Act fixing the fee of the Coroner of Schley County, Georgia, and for other purposes.

By Mr. McGraw of Meriwether-

Hause Bill No. 437. A bill to be entitled an Act to fix and provide for the compensation to be paid members of the Board of Education of certain counties in the State of Georgia, and for other purposes.

By Mr. Ragan of Pulaski-

House Bill No. 439. A bill to be entitled an Act to amend an Act approved August 7, 1924, to be found in Georgia Laws of 1924, page 263, relating to the duties and salary of the Clerk

THURSDAY, JANUARY 13, 1938.

969

of Commissioner of Roads and Revenues of Pulaski County, Georgia, and for other purposes.
By Mr. Ragan of Pulaski-
House Bill No. 441. A bill to be entitled an Act to amend an Act creating a new charter for the City of Hawkinsville, Georgia, and for other purposes.
By Mr. Booth of Barrow-
House Bill No. 451. A bill to be entitled an Act to repeal an Act approved March 10, 1937, creating a Board of Commissioners of Roads and Revenues for the County of Barrow, and for other purposes.
By Mr. Booth of Barrow-
House Bill No. 450. A bill to be entitled an Act creating the office of Commissioner of Roads and Revenues; defining duties and powers and fixing compensation; to provide for the proper supervising of his accounts and auditing of his books; 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 Pope of the 7th District-
Senate Bill No. 51. A bill to be entitled an Act to amend an Act entitled "Board of Photographic Examiners" as same appears in the Acts of 1937, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Senator Patten of the 6th District-
Senate Bill No. 89. A bill to be entitled an Act amending the Constitution of Georgia so as to provide a new Senatorial District, with reference to the Counties of Lanier, Lowndes, and Echols, and for other purposes.
Referred to Committee on Amendments to Constitution No.2
By Senators Atkinson of the 1st District, Millican of the 52nd District, Sammon of the 51st District, and Chason of the 8th District-

970

JouRNAL OF THE HousE,

Senate Bill No. 95. A bill to be entitled an Act to require the appointment of the Federal Savings and Loan Insurance Corporation as receiver of building and loan associations chartered under the laws of Georgia and granting to them other powers, and for other purposes.
Referred to Committee on State of Republic.
By Senator Spivey of the 16th District-
Senate Bill No. 101. A bill to be entitled an Act to reduce the bond of the Sheriff of Emanuel County, Georgia, and for other purposes.
Referred to Committee on Counties and County Matters.
The following was filed by the Speaker with the Clerk:
The Hon. W. S. Peebles, one of the members from Bartow County, being a member of the Committee on Rules and having resigned as a member of the House, the Han. Rufus V. Jones is hereby appointed as a member of the Committee on Rules to fill the vacancy created by the resignation of the Hon. W. S. Peebles.
RoY V. HARRIS, Speaker.
Under the order of business established by the Committee on Rules, the following resolution of the House was taken up for consideration and read the third time:
By Mr. Hampton of Fannin-
House Resolution No. 12-38a. A resolution authorizing the State Librarian to furnish to the Ordinary and Clerk of Superior Court of Fannin County certain Supreme Court and Court of Appeals Reports, and for other purposes.
The following substitute to House Resolution No. 12-38a was read and adopted:
By Mr. Hampton of Fannin-
A RESOLUTION
Whereas, the Fannin County Courthouse was destroyed by fire on July 4, 1936, and in said fire certain volumes of the Supreme Court and Court of Appeals were destroyed located in the office

THURSDAY, jANUARY 13, 1938.

971

of the Ordinary, tO-wit: Georgia Supreme Court Reports:

7, 8, 10, 13, 20, 23, 27, 29, 31, 32, 34, 74, 76, 90, 92, 101, 104,

105, 109, 124, 126, 129, 133, 135, 136, 138, 139, 140, 152, 159,

160, and Georgia Court of Appeals Reports: 3, 4, 5, 6, 7, 8, 13,

~~~~

.

And the following volumes of the Supreme Court and Court of Appeals in the office of the Clerk of the Superior Court were destroyed, to-wit: Georgia Supreme Court Reports: Volumes 4, 6, 9, 17, 22, 28, 29, 32, 33, 35, 37, 39, 43, 51, 69, 76, 90, 94, 96, 97, 98, 100, 102, 103, 104, 105, 106, 108, 109, 110, 111, 113, 114, 116, 117, 118, 119, 120, 121, 122, 123, 123, 125, 126, 127, 128, 129, 131, 132, 122, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, and Georgia Court of Appeals Reports: Volumes: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23,24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 48, 49, 50, 51, and 52.

Therefore, be it resolved, by the General Assembly of the State of Georgia, that the Georgia State Librarian be and she is hereby authorized and directed to furnish to the Ordinary of Fannin County, Georgia, without cost, the said volumes of the Georgia Supreme Court Reports and said volumes of the Georgia Court of Appeals Reports, and to the Clerk of Superior Court of said county, without cost, the said volumes of the Georgia Supreme Court Reports and said volumes of the Georgia Court of Appeals Reports, for the use of the respective offices, and to take official receipts from said officers for the same, upon delivery.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to, by substitute.

On the adoption of the resolution, the roll call was ordered and the vote was as follows:

972

JOURNAL oF THE HousE,

Those voting in the affirmative were Messrs.:

Adams Almand Ansley
Barlow Barnard Batchelor Beck Blease Bond Booth Bradley Brewton Bridges
Brooks of .rackson
Brown of Greene Brown of Peach Candler Clar:v Claxtol} Cochran Cohen Coleman Corbett Coxon Oroker Culpepper of Fayette Dampier Daves Dean DeFoor Dollar Drinkard Dugas Dukes Durden Edwards Ennis Etheridge Ferguson Field Fitts Flanders Fowler Gar:v

Gavin Goff Grayson Groover Grubbs Harrell of Brooks Harrell of Irwin Harris Harrison Hart Harvey Hastings Hayes Hendrix Herrin Hill of Screven Hodges Hogg Jackson Joel Johnson .Tones of Bartow .Tones of Brantley
.rones of Dodge .rones of Jenkins
Kendrick Kirbo Lanham Lanier Larsen Lewallen Lewis Mankin Marshall Martin McCracken McCravey McGraw McNall
Milam Moore of Baldwin Moore of Haralson Moore of Lumpkin Moss

MundY Musgrove Newby Newton Oden Parker Peters Pilcher Pirkle Preston of Bulloch Preston of Walton Rawlins Reid of Carroll Rountree Rowland Salter Sanders Sapp
Sartain Scruggs Simmons Smith of Dodge Striplin Sutton Swindle Todd Thomas Trapnell Trippe Vicker:v Wall Walton Ware Warnock Watkins Weaver Welsch Whaley Whipple Whitaker Williams of Jones Yeomans Zellner

THURSDAY, JANUARY 13, 1938.

973

Those not voting were Messrs.:

Allison

Gross

Bargeron

GuYton

Barrett

Hamby

Bennett

Hampton

Brooks of Oglethorpe Hand

Campbell

Harden

Carmichael of Cobb

Herndon

Carmichael of Randolph Hill of Clarke

Chappell

Hollis

Olark

Holt

Clements

Horne

Cogdell

Houston

Culpepper of Mitchell Houze

Daughtry

J"ones of Elbert

Davis

Keel

Deal

Key

Douglass

Leonard

Drake

Manry

Dunn

Mavity

Ellington

McGehee

Elliott

Middleton

Erwin

Miller

Evans

Moore of Taliaferro

Freeman

Morgan

Gammage

Morris

Palmour Patten Peebles PerrY Phillips Pound Ragan Rees Reid of Wilcox Sabados Sams Saunders Smith of HenrY Smith of Muscogee Spence Tapp Tate Taunton Turner Wages Warnell Williams of Bacon Wilson Mr. Speaker

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

On the adoption of the resolution, by substitute, the ayes were 131, the nays 0.

The resolution having received the requisite constitutional majority was adopted.

Under the order of business established by the Committee on Rules, the following bills of the Senate were taken up for consideration and read the third time:

By Senator Shannon of the 25th District-
Senate Bill No. 87. A bill to be entitled an Act to amend Section 69-101 of the Code of 1933, in reference to the repeal of charters of towns of a certain population, and for other purposes.

974

JouRNAL oF THE HousE,

Mr. Culpepper of Fayette moved that the bill be tabled, and the motion prevailed.
By Senator Atkinson of the 1st District-
Senate Bill No. 60. A bill to be entitled an Act to grant to the United States of America certain ungranted and reverted lands in Chatham County, and for other purposes.
Mr. Preston of Bulloch moved the previous question, the call was sustained, and the main question ordered.
The report of the committee, which was favorable to the passage ofthe bill, was agreed to.
On the passage of the bill, the ayes were 103, the nays 0.
The bill having received the requisite constitutional majority was passed.
Governor E. D. Rivers, accompanied by the members of the
State Welfare Board, appeared upon the floor of the House, and delivered a brief address.
Under the order of business established by the Committee on Rules, the following bill of the Senate was taken up for consideration and read the third time:
By Senators Purdom of the 46th District and Lindsay of the 34th District-
Senate Bill No. 52. A bill to be entitled an Act to create a State Board to be known as the State Board of Penal Administration, and for other purposes.
Mr. Swindle of Berrien moved the previous question, the call was sustained, and the main question ordered.
The following amendments were read and adopted:
Mr. Bradley of Tattnall moves to amend Senate Bill Number 52, by adding at the end of paragraph 2 of said section, the followmg:
"that the gross compensation to the State Board of Penal Administration shall be limited to not more than $2500 per year."

THURSDAY, jANUARY 13, 1938.

975

Mr. Harris of Richmond moves to amend Section 5 of Senate
Bill No. 52 by adding after the word" State" at the end of line 3
and before the word" except" the following:
"as provided by law."
An amendment offered by Messrs. Coleman of Lowndes and Harrell of Brooks was read and lost.
An amendment offered by Mr. Milam of Spalding was read and lost.
An amendment offered by Messrs. Coleman of Lowndes and Harrell of Brooks was read and lost.
The following amendments were read and adopted:
Mr. Hodges of Liberty amends Senate Bill No. 52 by striking the words "or State Auditor" at end of line 10 of Section No. 9 and placing a period after the word" governor."
Mr. Bennett of Ware moves to amend Senate Bill No. 52 by amending Section 13 by adding the following proviso to read as follows: "Provided nothing herein shall grant authority to or authorize the State Board of Penal Administration or any member thereof or any employee thereof to exercise any power or authority either directly or indirectly over the recommending or granting of pardons, paroles or probations."
Mr. Swindle of Berrien moves to amend Senate Bill No. 52 by adding at the end of Section 13 the following, to-wit:
"Except that the State Board of Penal Administration shall appoint the county wardens recommended to them by the County Commissioner or Commissioners."
An amendment offered by Mr. Joel of Clarke was read and lost.
An amendment offered by Mr. Joel of Clarke was read and lost.
The following amendments were read and adopted:
Messrs. Jones of Bartow, Morgan of Troup, Kendrick and Hastings of Fulton, Weaver of Bibb, and Reid of Carroll move to amend Senate Bill No. 52, by adding a new paragraph to be appropriately numbered, and to read as follows:

976

JouRNAL OF THE HousE,

"Nothing herein contained shall be construed so as to authorize or permit the said Board to set up or operate any business whether industrial or agricultural for sale to the public or in competition to private industry or agricultural activities."
Messrs. Sabados of Dougherty and Weaver of Bibb move to amend Senate Bill No. 52, by adding a new paragraph apprOpriately numbered, and to read as follows:
"Provided, that no member of the General Assembly shall be eligible or qualified to hold any office or any appointment whatsoever under this bill, during the term for which said member has been elected, as such member of the General Assembly."

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. Jones of Brantley 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

Daves

Allison

Davis

Almand

Deal

Ansley

Dean

Bargeron

Douglass

Bennett

Drake

Booth

Dugas

Bradley

Durden

Brewton

Edwards

Bridges

Ferguson

Brooks of Oglethorpe Fitts

Brown of Greene

Flanders

Campbell

Fowler

Carmichael of Cobb

Gammage

Carmichael of Randolph Gavin

Chappell

Goff

Clary

Grayson

Clements

Gross

Cochran

Groover

Coleman

Grubbs

Corbett

Harrell of Irwin

Coxon

Harris

Croker

Harrison

Hart Harvey Hastings Hayes Herrin Hodges Hogg Hollis Houston Houze Jackson Johnson Jones of Bartow Jones of Dodge Jones of Elbert Kendrick Key
Lanham Lanier Larsen Lewallen Mankin Manry

THURSDAY, jANUARY 13, 1938.

977

Marshall McCracken McCravey McGehee McGraw McNall Milam Miller Moore of Baldwin Moore of Haralson Moore of Lumpkin Morgan Morris Moss MundY Newby

Newton Oden Palmour Parker PeiTY Pirkle Pound Preston of Walton Rawlins Rees Salter Sanders Sapp Saunders Sutton Swindle

Tate Thomas Trapnell Trippe
Turner VickerY Wall Walton Ware Welsch Whaley Whipple Whitaker Williams of Bacon Williams of Jones Yeomans

Those voting in the negative were Messrs.:

Barlow Barrett Batchelor Blease Bond Brown of Peach Candler Claxton Cohen Dampier DeFoor Dollar Drinkard

Dukes Ennis GuYton Harden Harrell of Brooks Hill of Screven Jones of Brantley Jones of Jenkins Kirbo Lewis Pilcher Rowland Sabados

Sams Sartain Scruggs Simmons Smith of Dodge Smith of HenrY Taunton Todd Watkins Weaver Wilson Zellner

Those not voting were Messrs.:

Barnard Beck Brooks of Jackson Clark Cogdell Culpepper of Fayette Culpepper of Mitchell DaughtrY Dunn Ellington Elliott Erwin Etheridge Evans

Field Freeman
Gary
Hamby Hampton Hand Hendrix Herndon Hill of Clarke Holt Horne Joel Keel Leonard

Martin Mavity Middleton Moore of Taliaferro Musgrove Patten Peebles Peters Phillips Preston of Bulloch Ragan Reid of Carroll Reid of Wilcox Rountree

978

JouRNAL oF THE HousE,

Smith of Muscogee Spence Striplin

Tapp Wages Warnell

Warnock Mr. Speaker

The roll call was verified.

On the passage of the bill, as amended, the ayes were 117, the nays 38.

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

Mr. Jones of Elbert 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. Sutton of Wilkes moved that the House recess for one hour.

Mr. Taunton moved that the House do now adjourn until 9:30 o'clock tomorrow morning, and the motion was lost.

The motion to recess for one hour prevailed.

2:30 o'clock P.M.

The Speaker called the House to order. The following resolutions of the House were read and adopted:

By Messrs. Sabados of Dougherty and Hastings of FultonHouse Resolution No. 121.

Whereas, every automobile owner has until February 1st to obtain his auto tags, and

Whereas, there is appearing in the daily press a story about a "dead line" for drivers' license as of Saturday, January 15th,

Be it therefore resolved by the House of Representatives, the Senate concurring, that the time for obtaining driver's licenses be and the same is hereby extended until February 1st, 1938.

By Mr. Lanier of RichmondHouse Resolution No. 122. A resolution providing for the

THURSDAY, JANUARY 13, 1938.

979

setting of a time by the Speaker, during which a certain motion picture is to be shown by the Entomology Department, with reference to the White Fringe Beetle, and for other purposes.
By Mr. Hastings of Fulton-
House Resolution No. 123. A resolution thanking Mr. J. T. "Shorty" Houze, and others, for the entertainment at Lakewood Park.
Under the order of business established by the Committee on Rules, the following bill of the House was taken up for consideration:
By Mr. Marshall of Macon-
House Bill No. 51. A bill to be entitled an Act to provide for the levy of an estate or inheritance tax on real and personal property, tangible and intangible, and for other purposes.
By unanimous consent, further consideration of House Bill No. 51 was postponed until Thursday, January 20th, 1938, immediately after the expiration of the period of unanimous consents.
By unanimous consent, the following bill of the House was taken up for consideration and read the third time.
By Mr. Spence of Ware-
House Bill No. 425. A bill to be entitled an Act to repeal an Act to provide a new charter incorporating the Town of Waresboro, in the County of Ware, 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 103, the nays 0.
The bill having received the requisite constitutional majority was passed.
Under the order of business established by the Committee on Rules, the following bills and resolutions of the House were taken up for consideration and read the third time:

980

JouRNAL OF THE HousE,

By Mr. Simmons of Decatur-
House Bill No. 78. A bill to be entitled an Act to amend Section 56-224, of the Georgia Code of 1933, relating to investments by insurance companies, and for other purposes.
Mr. Sabados of Dougherty moved the previous question, the call was sustained, and the main question ordered.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, the nays 0.
The bill having received the requisite constitutional majority was passed.
By unanimous consent, the bill was ordered immediately transmitted to the Senate.
By Messrs. Parker of Colquitt, Allison of Gwinnett, and Harrell of Brooks-
House Bill No. 240. A bill to be entitled an Act to amend an Act known as the Motor Fuel Tax Act, and for other purposes.
Mr. Houston of Worth moved to table the bill, and the motion prevailed.
Mr. Gross of Stephens moved that the House reconsider its action in failing to pass Senate Bill No. 10, and the motion was ruled out of order by the Speaker.
By Mr. Grayson of Chatham-(By Request).
House Bill No. 190. A bill to be entitled an Act to amend the General Appropriation Act in reference to the Agricultural Department, and for other purposes.
Mr. Pilcher of Warren moved the previous question, the call was sustained, and the main question ordered.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the roll call was ordered and the vote was as follows:

THURSDAY, jANUARY 13, 1938.

981

Those voting in the affirmative were Messrs.:

Adams

Goff

Almand

Gross

Ansley

Groover

Barlow

Grubbs

Barnard

Harris

Batchelor

Harrison

Beck

Harvey

Bennett

Hastings

Bond

Hayes

Booth

Hodges

Bradley

Hogg

Brewton

Hollis

Bridges

Houston

Brown of Peach

Houze

Campbell

Jackson

Candler

Johnson

Carmichael of Randolph Jones of Elbert

Clary

Jones of Jenkins

Claxton

Kendrick

Clements

Key

Cochran

Kirbo

Corbett

Lanier

Coxon

Larsen

Croker

Lewallen

Daves

Lewis

Davis

Mankin

Deal

Marshall

DeFoor

Martin

Douglass

McCracken

Drake

McCravey

Dugas

McGehee

Edwards

McGraw

Ennis

Milam

Ferguson

Moore of Baldwin

Field

Moore of Haralson

Fitts

Morgan

Fowler

Moss

Gammage

Mundy

Gary

Newby

Gavin

Newton

Oden Palmour Parker Pilcher Pirkle Pound Preston of Walton Rees Reid of Carroll Reid of Wilcox Rowland Sabados Salter Sanders Sapp Sartain Scruggs Simmons Smith of Dodge Smith of Henry Smith of Muscogee Swindle Tate Trapnell Trippe
Turner VickerY Wall Walton Ware Warnock Weaver Welsch Whaley Whipple Whitaker Williams of Jones Wilson Yeomans Zellner

Those voting in the negative were Messrs.:

Blease Harrell of Irwin

Herrin

Jones of Brantley

982

JOURNAL OF THE HousE,

Those not voting were Messrs.:

Allison Bargeron Barrett Brooks of Jackson Brooks of Oglethorpe Brown of Greene Carmichael of Cobb Chappell Clark Cogdell Cohen Coleman Culpepper of Fayette Culpepper of Mitchell Dampier DaughtrY Dean Dollar Drinkard Dukes Dunn Durden Ellington Elliott Erwin Etheridge Evans

Flanders Freeman Grayson GUYton Hamby Hampton Hand Harden Harrell of Brooks Hart Hendrix Herndon Hill of Clarke Hill of Screven Holt Horne Joel Jones of Bartow Jones of Dodge Keel Lanham Leonard ManrY Mavity McNall Middleton Miller

Moore of Lumpkin Moore of Taliaferro Morris Musgrove Patten Peebles PerrY Peters Phillips Preston of Bulloch Ragan Rawlins Rountree Sams Saunders Spence Striplin Sutton Tapp Taunton Todd Thomas Wages Warnell Watkins Williams of Bacon Mr. Speaker

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

On the passage of the bill, the ayes were 120, the nays 4.
The bill having received the requisite constitutional majority was passed.

By Messrs. Houston and Perry of Worth-
House Resolution No. 47-226a. A resolution to relieve A. T. Simerley as surety on the bond of Fred Hayes, and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 106, the nays 0.

THURSDAY, jANUARY 13, 1938.

983

The resolution having received the requisite constitutional majority was adopted.
By Messrs. Harrell of Brooks and Harvey of Upson-
House Bill No. 84. A bill to be entitled an Act to require all officials to secure from the Purchasing Department only, all tags, stamps, licenses, and other things representing money, and for other purposes.
By unanimous consent, the bill was tabled.
By Messrs. Hastings and Kendrick and Mrs. Mankin of Fulton-
House Bill No. 385. A bill to be entitled an Act to provide for the examination of Master Electricians 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 roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams

Corbett

Almand

Coxon

Ansley

Croker

Barlow

Daves

Barnard

Davis

Barrett

Deal

Batchelor

Dean

Beck

DeFoor

Blease

Dollar

Bond

Drake

Booth

Durden

Bradley

Ennis

Brewton

Ferguson

Bridges

Field

Brown of Peach

Fitts

Campbell

Gammage

Candler

GarY

Carmichael of Randolph Gavin

Clary

Goff

Claxton

Gross

Cochran

Groover

Grubbs Harrell of Brooks Harrell of Irwin Harris Harrison Harvey Hastings Hayes Herrin Hill of Screven Hodges Hogg Hollis Houston Houze Jackson Johnson Jones of Brantley Jones of Dodge Jones of Elbert Kendrick

984

JoURNAL OF THE HousE,

Key
Kirbo Lanham Lanier Lewallen Mankin Manry Marshall Martin McCracken McCravey McGehee Milam Moore of Baldwin Moore of Haralson Morgan Moss Mundy Newby

Newton Oden Palmour Parker Pilcher Pirkle Pound Preston of Walton Rees Reid of Carroll Reid of Wilcox Rowland Sabados Salter Sanders Sapp
Sartain Simmons Smith of Dodge

Smith of Henn Smith of Muscogee Swindle Tate Taunton Trippe Turner Vickeu Wall Walton Ware Warnock Weaver Welsch Whipple Whitaker Wilson Yeomans Zellner

Those not voting were Messrs.:

Allison Bargeron Bennett Brooks of Jackson Brooks of Oglethorpe Brown of Greene Carmichael of Cobb Chappell Clark Clements Cogdell Cohen Coleman Culpepper of Fayette Culpepper of Mitchell Dampier Daughtry
Douglass Drinkard Dugas Dukes Dunn Edwards Ellington Elliott Erwin

Etheridge Evans Flanders Fowler Freeman Grayson
GUYton Hamby Hampton Hand Harden Hart Hendrix Herndon Hill of Clarke Holt Horne Joel Jones of Bartow Jones of Jenkins Keel Larsen Leonard Lewis Mavity
McGraw

McNall Middleton Miller Moore of Lumpkin Moore of Taliaferro Morris Musgrove Patten Peebles Perry Peters Phillips Preston of Bulloch Ragan Rawlins Rountree Sams Saunders Scruggs Spence Striplin Sutton Tapp Todd Thomas Trapnell

THURSDAY, jANUARY 13, 1938.

985

Wages Warnell Watkins

Whaley Williams of Bacon

Williams of Jones Mr. Speaker

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

On the passage of the bill, the ayes were 120, the nays 0.

The bill having received the requisite constitutional majority was passed.
Mr. Clary of Columbia moved that the House do now adjourn until 7:30 o'clock tomorrow morning, and the motion was lost.

By Mr. Sapp of Coffee-
House Bill No. 386. A bill to be entitled an Act to amend the Highway Mileage Act by adding a certain road to the State Aid System of Roads, 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 roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams

Cochran

Almand

Corbett

Barlow

Coxon

Barnard

Daves

Barrett

Davis

Batchelor

Deal

Beck

Dean

Bennett

DeFoor

Bond

Dollar

Booth

Drake

Bradley

Dukes

Brewton

Durden

Bridges

Edwards

Brown of Peach

Ennis

Campbell

Ferguson

Candler

Field

Carmichael of Randolph Fitts

ClarY

Gammage

Claxton

Gary

Gavin Goff Gross Groover Grubbs GUYton Harrell of Irwin Harris Harrison Harvey Hastings Hayes
Herrin Hodges Hogg Hollis Houston Houze Johnson

986

JOURNAL OF THE HousE,

Jones of Brantley Jones of Elbert Kendrick Key Kirbo Lanham Larsen Lewallen Lewis Mankin Malll'Y Marshall Martin McCracken McCravey McGehee McGraw Milam :Moore of Baldwin Moore of Haralson Morgan Moss

Mundy Newby Newton Oden Palmour Parker Pilcher Pirkle Pound Preston of Walton Rawlins Rees Reid of Carroll Reid of Wilcox Rowland Sabados Salter Sanders Sapp Sartain Scruggs Simmons

Those not voting were Messrs.:

Allison Ansley Bargeron Blease Brooks of Jackson Brooks of Oglethorpe Brown of Greene Carmichael of Cobb Chappell Clark Clements Cogdell Cohen Coleman Croker Culpepper of Fayette Culpepper of Mitchell Dampier DaughtrY Douglass Drinkard DDugas Dunn

Ellington Elliott Erwin Etheridge Evans Flanders Fowler Freeman Grayson Hamby Hampton Hand Harden Harrell of Brooks Hart Hendrix Herndon Hill of Clarke Hill of Screven Holt Horne Jackson Joel

Smith of Helll'Y Smith of Muscogee Swindle Tate Taunton Trapnell Trippe Turner VickerY Wall Walton Ware Warnock Weaver Welsch Whaley Whipple Whitaker Wilson Yeomans Zellner
Jones of Bartow Jones of Dodge Jones of Jenkins Keel Lanier Leonard Mavity McNall Middleton Miller Moore of Lumpkin Moore of Taliaferro Morris Musgrove Patten Peebles Perry Peters Phillips Preston of Bulloch Ragan Rountree Sams

THURSDAY, jANUARY 13, 1938.

987

Saunders Smith of Dodge Spence Striplin Sutton

Tapp Todd Thomas Wages Warnell

Watkins Williams of Bacon Williams of .Jones Mr. Speaker

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

On the passage of the bill, the ayes were 122, the nays 0.

The bill having received the requisite constitutional majority was passed.

Mr. Smith of Muscogee moved that the House do now adjourn until 9:30 o'clock tomorrow morning.

Mr. Jones of Elbert moved that the House do now adjourn, and the motion was lost.

The motion to adjourn until 9:30 o'clock tomorrow morning prevailed.

Leaves of absence were granted to Messrs. Jones of Brantley, Claxton of Camden, Clary of Columbia, Harvey of Upson, Ferguson of Sumter, Smith of Dodge, Hodges of Liberty, Williams of Jones, DeFoor of Mcintosh, Houze of Lowndes, Jones of Jenkins, and Todd of Glascock.

The Speaker announced the House adjourned until9:30 o'clock tomorrow morning.

988

JouRNAL OF THE HousE,

REPRESENTATIVE HALL, ATLANTA, GA.,
FRIDAY, jANUARY 14, 1938.

The House met, pursuant to adjournment, this day at 9:30 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

Coxon

Allison

Croker

Almand

Culpepper of Fayette

Ansley

Dampier

Bargeron

Daves

Barlow

Davis

Barnard

Deal

Barrett

Dean

Batchelor

Dollar

Beck

Douglass

Bennett

Drake

Blease

Drinkard

Bond

Dugas

Booth

Dukes

Bradley

Dunn

Brewton

Durden

Bridges

Edwards

Brooks of Jackson

Elliott

Brooks of Oglethorpe Ennis

Brown of Greene

Erwin

Brown of Peach

Etheridge

Campbell

Field

Candler

Fitts

Carmichael of Cobb

Flanders

Carmichael of Randolph Fowler

Clark

Gammage

ClarY

Gavin

Claxton

Goff

Clements

Grayson

Cochran

Gross

Cogdell

Grubbs

Cohen

GuYton

Coleman

Hamby

Corbett

Hampton

Hand Harden Harrell of Brooks Harrell of Irwin Harris Harrison Hart Hastings Hayes Hendrix Herrin Hill of Clarke Hill of Screven Hogg Hollis Holt Houston Jackson Joel Johnson Jones of Bartow Jones of Dodge Jones of Elbert Keel Kendrick Key Kirbo Lanham Lanier Larsen Leonard Lewallen Lewis Mankin

FRIDAY, JANUARY 14, 1938.

989

Ma.nnr Marshall Martin McCracken McCravQ" McGehee McGraw McNall Middleton Milam Miller Moore of Baldwin Moore of Haralson Moore of Lumpkin Moore of Taliaferro Morgan Morris Moss Mun<U' Newb:v Newton Oden Palmour Parker Perry Peters

Phillips Pilcher Pirkle Pound Preston of Bulloch Preston of Walton Ragan Rawlins Rees Reid of Carroll Reid of Wilcox Rountree Rowland Sabados Salter Sams Sanders Sapp Sartain Saunders Scruggs Simmons Smith of Henr:v Smith of Muscogee Spence Striplin

Swindle Tapp Tate Taunton Thomas Trapnell Trippe Turner Vickery Wall Walton Ware Warnell Warnock Watkins Weaver Welsch Whaley Whipple Whitaker Williams of Bacon Wilson Yeomans Zellner Mr. Speaker

Mr. Hill of Screven, 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 bills and resolutions.

990

JouRNAL OF THE HousE,

5. First reading and reference of Senate bills and resolutions.
By unanimous consent, the following bills and resolution of the House were introduced, read the first time, and referred to the committees:
By Mr. Swindle of Berrien-
House Bill No. 463. A bill to be entitled an Act to amend the Constitution of the State of Georgia, so as to authorize the trustees of the Beaverdam Consolidated School District of Berrien County, to incur a bonded indebtedness, and for other purposes.
Referred to Committee on Amendments to Constitution No. 1.
By Mr. Dugas of White-
House Bill No. 464. A bill to be entitled an Act to provide a tax to be known as Commodity Stamp Tax, on the sale, purchase, trade, exchange or negotiation of certain commodities, and the contracts therefor, and for other purposes.
Referred to Committee on Ways and Means.
By Mr. Reid of Wilcox-
House Bill No. 465. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding a certain road in Wilcox County, and for other purposes.
Referred to Committee on Public Highways No.2.
By Mr. Weaver of Bibb-
House Bill No. 466. A bill to be entitled an Act to provide for the employment of extra deputies or assistants in the office of county officers in this State whose compensation is on a salary basis, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Gross of Stephens-
House Bill No. 467. A bill to be entitled an Act to amend a certain Code section, designating and regulating the signs or signals which operators of motor vehicles shall give upon intending

FRIDAY, JANUARY 14, 1938.

991

to stop, turn to the left or turn to the right, and for other purposes.
Referred to Committee on Public Highways No.1.
By Messrs. Lanier, Harris, and Barrett of Richmond-
House Bill No. 468. A bill to be entitled an Act to amend an Act to repeal an Act to authorize the City Council of Augusta to create a Board of Health for said city, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Adams of Franklin-
House Bill No. 469. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding additional mileage in Franklin County, and for other purposes.
Referred to Committee on Public Highways No.2.
By Messrs. McNall of Chatham and Dugas of White-
House Bill No. 470. A bill to be entitled an Act to authorize the several counties of the State to impose a tax of 1 per gallon on sale or use of gasoline, and for other purposes.
Referred to Committee on Ways and Means.
By Messrs. Hill of Screven, Fowler of Treutlen, Harrell of Brooks, and Sams of DeKalb-
House Resolution No. 124-470a. A resolution requesting State Department Heads to advertise Georgia by the use of printing on the backs of envelopes mailed by their respective Departments, and for other purposes.
Referred to Committee on Journals.
By Messrs. Drake of Seminole, Simmons and Kirbo of Decatur-
House Bill No. 471. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding a certain road in Seminole and Decatur Counties, 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:

992

JOURNAL OF THE HousE,

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate and House, to-wit:
By Mr. Moore of Haralson-
House Bill No. 358. A bill amending the Act consolidating the offices ofTax Collector and Tax Receiver in Haralson County, and for other purposes.
By Mr. Bennett of Ware--
House Bill No. 405. A bill providing for four terms of the Superior Court of Ware County, and for other purposes.
By Mr. Bennett of Ware--
House Bill No. 406. A bill amending the Act establishing the City Court of Waycross, and for other purposes.
By Senators Almand of the 50th District and Whitehead of the 30th District-
Senate Bill No. 93. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Senator Lindsay of the 34th District-
Senate Bill No. 98. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Senator Allen of the 31st District-
Senate Bill No. 99. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Senator Peebles of the 18th District-
Senate Bill No. 103. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Senators Burgin of the 24th District and Moye of the 11th District-

FRIDAY, jANUARY 14, 1938.

993

Senate Bill No. 104. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Messrs. Parker and Barlow of Colquitt-
House Bill No. 57. A bill providing for the convening of the General Assembly of Georgia in event of emergency or extraordinary session, 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, by substitute,.the following bill of the Senate, to-wit:
By Senator Pope of the 7th District-
Senate Bill No. 102. A bill amending the Intangible Tax Act with reference to the returns made by banks and trust companies to the commissions, and for other purposes.
Mr. Larsen of Laurens 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 House and have instructed me, as Chairman, to report the same back to the House with the following recommendation:
House Bill No. 448. Do pass.
Respectfully submitted,
LARSEN of Laurens, Chairman.
Mr. Brown of Greene 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

994

JouRNAL OF 'i'HE HousE,

instructed me, as Chairman, to report the same back to the House with the following recommendations:
House Bill No. 445. Do pass. House Bill No. 449. Do pass. House Bill No. 452. Do pass.
Respectfully submitted, BROWN of Greene, Chairman.
Mr. Sartain of Walker County, Chairman of the Committee on Engrossing, submitted the following report: Mr. Speaker:
Your Committee on Engrossing has examined, found properly engrossed, and ready for transmission to the Senate, the following bills and resolutions of the House, to-wit:
House Bills Nos. 78, 190, 385, 386, 425, 450, 451. House Resolutions Nos. 12-38a, 47-226a, 121.
Respectfully submitted, SARTAIN of Walker, Chairman.
Mr. Groover of Troup County, Chairman of the Committee on Enrolling, submitted the following report:
Mr. Speaker: Your Committee on Enrolling has examined, found properly
enrolled, and ready for transmission to the Governor, the following bills and resolution of the House, to-wit:
House Bills Nos. 228, 344, 357, 367, 368, 372, 392, 400.
House Resolution No. 121.
Respectfully submitted,
GRoovER of Troup, Chairman.
Mr. McCracken of Jefferson County, Chairman of the Committee on Municipal Government, submitted the following report:

FRIDAY, JANUARY 14, 1938.

995

Mr. Speaker:
Your Committee on Municipal Government have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the House with the . following recommendation:
House Bill No. 457. Do pass.
Respectfully submitted,
McCRACKEN of Jefferson, Chairman.
Mr. McCracken of Jefferson 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 and resolution of the House and Senate and have instructed me, as Chairman, to report the same back to the House with the following recommendations:
House Resolution No. 120-455a. Do pass.
Senate Bill No. 86. Do pass, as amended.
Senate Bill No. 68. Do pass.
House Bill No. 462. Do pass.
Respectfully submitted,
McCRACKEN of Jefferson, Chairman.
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 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. 345. Do not pass. Respectfully submitted, MRs. CoxoN of Long, Chairman.

996

JouRNAL OF THE HousE,

Mr. Pound of flancock 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 of the House and have instructed me, as Chairman, to report the same back to the House with the following recommendations:
House Bill No. 434. Do pass. House Bill No. 440. Do pass. House Bill No. 443. Do pass. House Bill No. 442. Do pass.
House Bill No. 446. Do pass.
Respectfully submitted,
PouND of Hancock, Chairman.
Mr. Coleman 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 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. 95. Do pass.
Respectfully submitted,
CoLEMAN of Lowndes, Chairman.
By unanimous consent, the following bills and resolution of the House and Senate, favorably reported, were read the second time:
By Senator Millican of the 52nd District-
Senate Bill No. 68. A bill to be entitled an Act to amend an

FRIDAY, JANUARY 14, 1938.

997

Act providing for pensions in counties having a population of 150,000 or more, and for other purposes.
By Senator Allen of the 31st District-
Senate Bill No. 86. A bill to be entitle!d an Act authorizing the City of Toccoa to enact zoning laws, and for other purposes.
By Senators Atkinson of the 1st District, Millican of the 52nd District, Sammon of the 51st District, and Chason of the 8th District-
Senate Bill No. 95. A bill to be entitled an Act to require the appointment of the Federal Savings and Loan Insurance Corporation as receiver of a building and loan association chartered under the laws of Georgia, and granting the Federal Savings and Loan Insurance Corporation other powers, and for other purposes.
By Mr. McCracken of Jefferson-
House Resolution No. 12Q--455a. A resolution to furnish certain law books to the Ordinary of Jefferson County, and for other purposes.
By Mr. Adams of Franklin-
House Bill No. 434. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," so as to add a certain road to the System of State Aid Roads, and for other purposes.
By Mr. Evans of McDuffie-
Hause Bill No. 440. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," so as to add a certain road to the System of State Aid Roads, and for other purposes.
By Mr. Hollis of Morgan-
House Bill No. 442. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," so as to add a certain road to the System of State Aid Roads, and for other purposes.
By Messrs. Marshall of Macon and Taunton of Taylor-
House Bill No. 443. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," so as to add a certain road to the System of State Aid Roads, and for other purposes.

998

JouRNAL OF THE HousE,

By Mr. Hendrix of Cherokee-
House Bill No. 445. A bill to be entitled an Act providing for the payment of actual costs incurred in the Superior Courts for trial and conviction of misdemeanor convicts, by counties of a certain population, and for other purposes.
By Mr. Adams of Franklin-
House Bill No. 446. A bill to be entitled an Act amending an Act entitled "Highway Mileage," so as to add a certain road to the System of State Aid Roads, and for other purposes.
By Messrs. Davis, Keel, and Lanham of Floyd-
House Bill No. 448. A bill to be entitled an Act amending Article 8, Section 4, Paragraph 1 of the Constitution of Georgia, by levying an additional tax on certain properties for high school purposes, and for other purposes.
By Mr. Batchelor of Putnam-
House Bill No. 449. A bill to be entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenues for the County of Putnam, and for other purposes.
By Mr. Taunton of Taylor-
House Bill No. 452. A bill to be entitled an Act to increase the salary of the Tax Commissioner of Taylor County, and for other purposes.
By Mr. Whipple of Bleckley-
House Bill No. 457. A bill to be entitled an Act to amend an Act so as to permit the Town of Cochran to grant, sell and convey property owned and held by it, and for other purposes.
By Mr. Campbell of Newton-
House Bill No. 462. A bill to be entitled an Act to amend an Act creating a new charter for the Town of Mansfield, providing for the election of town offices and qualifications of candidates, 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:

FRIDAY, jANUARY 14, 1938.

999

By Senators Neely of the 36th District and Kimbrough of the 25th District-
Senate Bill No. 97. A bill to be entitled an Act to amend the charter of the City of Manchester, and for other purposes.
The following amendment to Senate Bill No. 97 was read and adopted:
Messrs. Peters and McGraw of Meriwether move to amend Senate Bill No. 97 as follows:
By striking Section 5, and inserting in lieu thereof the followmg:
"Be it further enacted by the authority aforesaid that the four additional commissioners created by this act shall hold office as hereinafter prescribed. Be it further enacted that the commissioners elected to succeed the commissioners created by this act shall hold office for a term of three years. Be it further enacted by the authority aforesaid that the commissioners elected to succeed those now elected and in office shall likewise hold office for a term of three years, or until their successors are elected and qualified as provided by law."
By amending Section 6 of said bill by striking therefrom the following: "Each of said commissioners, including the chairman, shall receive a salary of $5.00 per month" and inserting in lieu thereof the following: "Each of said commissioners shall receive a salary of $5.00 per month, except the chairman, who shall receive a salary of $10.00 per month."
By striking Section 7 of said bill and inserting in lieu thereof the following: "Be it further enacted by the authority aforesaid that in addition to the commissioners now elected and qualified, the following shall be the commissioners created by this act and shall serve for the term designated after their name, viz., Edward L. Neely, who shall serve until the 2nd Wednesday of January, 1939; A. J. Routon, who shall serve until the 2nd Wednesday in January, 1940; A. H. Nesmith and Mrs. Eugene Brown, who shall serve until the 2nd Wednesday in January, 1941, or until their successors are elected and qualified as provided by law."

1000

JouRNAL or THE HousE,

By adding to the caption of said bill immediately before the words" and for other purposes" the following "To fix the term of office of the Commissioners of said City of Manchester."
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 108, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
By Mr. Wall of Schley-
House Bill No. 435. A bill to be entitled an Act fixing the ee of the Coroner of Schley County, Georgia, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Ragan of Pulaski-
House Bill No. 439. A bill to be entitled an Act to amend an Act relating to the duties and salary of the Clerk of the 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 the passage of the bill, the ayes were 105, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Ragan of Pulaski-
House Bill No. 441. A bill to be entitled an Act to amend an Act to create a new charter for the City of Hawkinsville, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

FRIDAY, jANUARY 14, 1938.

1001

On the passage of the bill, the ayes were 106, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Booth of Barrow-
House Bill No. 451. A bill to be entitled an Act to repeal an Act to create a Board of Commissioners of Roads and Revenues for the County of Barrow, 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, the nays 0.
~The bill having received the requisite constitutional majority was passed.
By Mr. Booth of Barrow-
House Bill No. 450. A bill to be entitled an Act to create the office of Commissioner of Roads and Revenues in the County of Barrow, 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, the nays 0.
The bill having received the requisite constitutional majority was passed.
By unanimous consent, the following bills of the Senate were read the first time and referred to the committees:
By Senators Whitehead of the 30th District and Almand of the 50th District-
Senate Bill No. 93. A bill to be entitled an Act to amend the Highway Mileage Act by adding additional mileage to the State Aid System of Roads, and for other purposes.
Referred to Committee on Public Highways No.2.
By Senator Lindsay of the 34th District-
Senate Bill No. 98. A bill to be entitled an Act to amend the

1002

JouRNAL OF THE HousE,

Highway Mileage Act by adding additional mileage to the System of State Aid Roads, and for other purposes.
Referred to Committee on Public Highways No.2.
By Senator Allen of the 31st District-
Senate Bill No. 99. A bill to be entitled an Act to amend the Highway Mileage Act by adding additional mileage to the System of State Aid Roads, and for other purposes.
Referred to Committee on Public Highways No.2.
By Senator Pope of the 7th District-
Senate Bill No. 102. A bill to be entitled an Act amending the Intangible Tax Act, and for other purposes.
Referred to Committee on Ways and Means.
By Senator Peebles of the 18th District-
Senate Bill No. 103. A bill to be entitled an Act to amend the Highway Mileage Act by adding a certain road to the System of State Aid Roads, and for other purposes.
Referred to Committee on Public Highways No.2.
By Senators Burgin of the 24th District and Moye of the 11th District-
Senate Bill No. 104. A bill to be entitled an Act to amend the Highway Mileage Act by adding a certain road to the System of State Aid Roads, and for other purposes.
Referred to Committee on Public Highways No.2. Mr. Whipple of Bleckley arose to a question of personal privilege and addressed the House. Mr. McNall of Chatham arose to a question of personal privilege and adressed the House. Mr. Ennis of Baldwin arose to a question of personal privilege and addressed the House. Under the order of business established by the Committee on Rules, the following bills of the House were taken up for consideration and read the third time:

FRIDAY, jANUARY 14, 1938.

1003

By Messrs. Key of Jasper and Campbell of Newton-
House Bill No. 379. A bill to be entitled an Act to amend the Highway Mileage Act by adding a certain road to the State Aid System of Roads, 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 103, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Lewallen of Banks-
House Bill No. 384. A bill to be entitled an Act to amend the Highway Mileage Act by adding a certain road to the State Aid System of Roads, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Adams of Franklin-
House Bill No. 362. A bill to be entitled an Act to amend the Highway Mileage Act by adding a certain road to the State Aid System of Roads, 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 103, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Adams of Franklin-
House Bill No. 395. A bill to be entitled an Act to amend the Highway Mileage Act by adding a certain road to the State Aid System of Roads, and for other purposes.

i004

JouRNAl.. ot THE Houst,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Hollis of Morgan and Key of Jasper-
House Bill No. 424. A bill to be entitled an Act to amend the Highway Mileage Act by adding a certain road to the State Aid System of Roads, 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 103, the nays 0.
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 reqmstte constitutional majority the following resolution of the House, to-wit:
By Messrs. Sabados of Dougherty and Hastings of Fulton-
House Resolution No. 121. A resolution extending the time of obtaining driver's licenses until February 1, 1938.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:
Mr. Speaker: The Senate has disagreed to the House amendments to the
following bill of the Senate, to-wit: By Senators Purdom of the 46th District and Lindsay of the 34th
DistrictSenate Bill No. 52. A bill creating a State Board to be known as the State Board of Penal Administration, and for other purposes.

FRIDAY, jANUARY 14, 1938.

1005

Under the order of business established by the Committee on Rules, the following bill of the House was taken up for consideration and read the third time:
By Mr. Harrison of Crawford-
House Bill No. 202. A bill to be entitled an Act to enable the State Highway Department to effectually carry out and put into effect an amendment to the Constitution in reference to refunding certificates, and for other purposes.
Mr. Grayson of Chatham moved the previous question, the call was sustained, and the main question ordered.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, the nays 1.
The bill having received the requisite constitutional majority was passed.
The following bill of the Senate was taken up for the purpose of considering the Senate disagreement to the House amendments thereto:
By Senators Purdom of the 46th District and Lindsay of the 34th District-
Senate Bill No. 52. A bill to be entitled an Act to create a State Board of Penal Administration, and for other purposes.
By unanimous consent, the House insisted on its amendments to Senate Bill No. 52 and requested the appointment of a Committee of Conference on the part of the Senate to confer with a like committee to be appointed on the part of the House.
The Speaker appointed as a Committee of Conference on the part of the House, the following members of the House, to-wit:
Messrs. Bennett of Ware,
Gross of Stephens, and
Trapnell of Candler.
Under the order of business established by the Committee on

1006

JOURNAL OF THE HousE,

Rules, the following bill was taken up for consideration and read the third time:
By Messrs. Preston and Almand of Walton-
House Bill No. 371. A bill to be entitled an Act to allow tax commissioners in certain counties to collect commissions on property returned for taxes, 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 103, the nays 0.
The bill having received the requisite constitutional majority was passed.
The following resolution of the House was read:
By Messrs. McCravey of Union, Whipple of Bleckley, Erwin of Lamar, Beck and Reid of Carroll, Carmichael of Cobb, Brown of Peach, Weaver of Bibb, and Candler and Sams of DeKalb-
House Resolution No. 125.

A RESOLUTION
Whereas on several occasions in reporting proceedings in the House of Representatives on a liquor bill, the reporter for the Constitution of Atlanta has seemingly deliberately misrepresented the facts.
And whereas in at least three instances he has unwarrantedly, incorrectly and without authority quoted certain members and delegations of the House in connection with this bill.
And whereas such incorrect reporting and misrepresenting of facts is so contrary to the policy of the Atlanta Constitution under the editorship of the late and sincerely lamented Clark Howell, Sr.
And that this be considered notice to the Atlanta Constitution that if this reporter continues such incorrect reporting, his press privileges will be withdrawn from him.

FRIDAY, JANUARY 14, 1938.

1007

Now therefore be it resolved by the House of Representatives that we deplore this departure from the former policy of the Atlanta Constitution and that the Atlanta Constitution be requested to take cognizance of this incorrect reporting, distortion of news and effort at propaganda on the part of their reporter.

And that we request the Atlanta Constitution to desist from publishing these wholly mythical and imaginary interviews which have no basis in fact outside the imagination of their reporter.

And that this resolution be considered notice to the Atlanta Constitution that if this reporter continues such incorrect reporting to his paper, his press privileges will be withdrawn from him and he will be denied the floor of the House and all other privileges accorded to newspaper reporters.

.Mr. Larsen of Laurens moved to table the resolution, and the motion was lost.

Mr. Corbett of Atkinson moved that the House do now adjourn

until 10:00 o'clock Monday morning, January 17, 1938, and the

motion prevailed.

,.

Leaves of absence were granted to Messrs. Zellner of Monroe and Marshall of Macon.

The Speaker announced the House adjourned until Monday morning, January 17, 1938, at 10:00 o'clock, and House Resolution No. 125 went over until that time under the order of unfinished business.

1008

JouRNAL oF THE HousE,

REPRESENTATIVE HALL, ATLANTA, GA.,
MoNDAY, jANUARY 17, 1~38.
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 Rev. E. Kelly Barnes of Toccoa, Georgia.
By unanimous consent, the call of the roll was dispensed with.
Mr. Harrell of Brooks, Acting Chairman of the Committee on Journals, reported that the Journal of last Friday'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 bills and resolutions.
5. First reading and reference of Senate bills and resolutions.
By unanimous consent, the following bills and resolution of the House were introduced, read the first time, and referred to the committees:
By Messrs. Ragan of Pulaski and Horne of Bibb-
House Bill No. 472. A bill to be entitled an Act to provide that all Circuit Court Reporters shall be Commissioners at Large with the power to take depositions in any county in Georgia~ and for other purposes.
Referred to Committe~ Qn Special Judiciary.

MoNDAY, jANUARY 17, 1938.

1009

By Mr. Adams of Franklin-
House Bill No. 473. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding additional mileage in Franklin County, and for other purposes.
Referred to Committee on Public Highways No.2.
By Mr. Joel of Clarke-
House Bill No. 474. A bill to be entitled an Act to prevent the employment of any person, firm or corporation by the Governor or by any other State official to collect delinquent State taxes on a commission basis, and for other purposes.
Referred to Committee on Special Judiciary.
By Messrs. Groover, Ware, and Morgan ofTroup-
House Resolution No. 129-474a. A resolution for the relief and refund of tax paid by D. Yalovitz, doing business under the trade name of LaGrange Jewelry and Arms Company, and Hudson Hardware Company, a corporation, and for other purposes.
Referred to Committee on Special Appropriations.
By Mr. Key of Jasper-
House Bill No. 475. A bill to be entitled an Act to fix the taxable situs of intangible trust property, and for other purposes.
Referred to Committee on Ways and Means.
By Mr. Pound of Hancock-
House Bill No. 476. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding a certain road in Hancock County, and for other purposes.
Referred to Committee on Public Highways No.2. By Mr. Field of Whitfield-
House Bill No. 477. A bill to be entitled an Act to amend an Act to require a referendum to repeal municipal charters of cities ofless than two hundred thousand inhabitants, and for other purposes.
Referred to Committee on Amendments to Constitution No.2.

1010

JouRNAL oF THE HousE,

By Messrs. Elliott, Leonard, and Smith of Muscogee-
House Bill No. 478. A bill to be entitled an Act to amend the charter of the City of Columbus, in the County of Muscogee, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Jones of Elbert-
House Bill No. 479. A bill to be entitled an Act to increase the compensation of the Treasurer of Elbert County, and for other purposes.
Referred to Committee on Counties and County Matters.
Mr. Davis of Floyd County, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
Your Committee on Education have had under consideration the following resolution and bill of the House and have instructed me, as Chairman, to report the same back to the House with the following recommendations:
House Resolution No. 52-244c. Do pass.
Senate Bill No. 39. Do pass, as amended.
Respectfully submitted,
DAvis of Floyd, Chairman.
Mr. Sartain of Walker County, Chairman of the Committee on Engrossing, submitted the following report:
Mr. Speaker: Your Committee on Engrossing has examined, found properly
engrossed, and ready for transmission to the Senate, the following bills of the House, to-wit:
House Bills Nos. 202,362, 371, 379,384, 395, 424,435,439,441.
Respectfully submitted,
SARTAIN of Walker, Chairman.

MoNDAY, jANUARY 17, 1938.

1011

Mr. Groover of Troup County, Chairman of the Committee on Enrolling, submitted the following report: Mr. Speaker:
Your Committee on Enrolling has examined, found properly enrolled, and ready for transmission to the Governor, the following bills of the House, to-wit:
House Bills Nos. 57, 405, 406, 358.
Respectfully submitted,
GROOVER of Troup, Chairman.
Mr. Bargeron of Burke County, Chairman of 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 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. 410. Do pass.
Respectfully submitted,
BARGERON of Burke, Chairman.
Mr. Hill of Screven County, Chairman of the Committee on Journals, submitted the following report:
Mr. Speaker:
Your Committee on Journals 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. 124-470a. Do pass.
Respectfully submitted,
HILL of Screven, Chairman.

1012

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 majority the following bill of the Senate, to-wit:
By Senator Shannon of the 21st District-
Senate Bill No. 108. A bill amending the charter of the City of Jeffersonville, 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, as amended, the following bill of the House, to-wit:
By Mr. Booth of Barrow-
House Bill No. 364. A bill amending the Act creating the charter for the City of Winder, 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 and House, to-wit:
By Senator Shannon of the 21st District-
Senate Bill No. 107. A bill to provide that the premium on the bond of the Tax Commissioner of Twiggs County shall be paid by the County Commissioners of said County, and for other purposes.
By Senator Shannon of the 21st District-
Senate Bill No. 109. A bill reducing the bond of the Sheriff of Twiggs County, and providing that the Commissioners shall pay the premium on same, and for other purposes.

MoNDAY, jANUARY 17, 1938.

1013

By Senator Lindsay of the 34th District-
Senate Bill No. 105. A bill amending Code Section 34-1302 with reference to elections, and for other purposes.
By Mr. Whipple of Bleckley-
House Bill No. 155. A bill amending the Act creating a new charter for the Town of Cochran, and for other purposes.
By Mrs. Mankin and Messrs. Kendrick and Hastings of Fulton-
House Bill No. 223. A bill amending the Act creating a new charter for the City of Atlanta, and for other purposes.
By Messrs. Lanham, Keel, and Davis of Floyd-
House Bill No. 428. A bill amending the Act that created a new charter and Municipal Government for the City of Rome, 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 Senators Johnson of the 42nd District and Jackson of the 14th District-
Senate Resolution No. 51. A resolution relating to the dangerous conditions existing at the State Institutions for the insane at Milledgeville, and for other purposes.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House amendments to the following bill of the Senate, ta-wit:
By Senators Purdom of the 46th District and Jackson of the 14th District-
Senate Bill No. 31. A bill amending Code Section 92-5301

1014

JouRNAL oF THE HousE,

with reference to fees and commissions of tax receivers and tax collectors, and for other purposes.
The Senate has agreed to the House amendment to the following bill of the Senate, to-wit:
By Senators Neely of the 36th District and Kimbrough of the 25th District-
Senate Bill No. 97. A bill amending the charter of the City of Manchester, and for other purposes.
By unanimous consent, the following bills and resolutions of the House and Senate, favorably reported, were read the second time:
By Senator Williams of the 5th District-
Senate Bill No. 39. A bill to be entitled an Act authorizing certain counties to create and establish a retirement fund for teachers and employees of county and city school systems, and for other purposes.
By Mr. Oden of Pierce-
House Resolution No. 52-244c. A resolution regarding the teaching of forestry in the public schools of Georgia, and for other purposes.
By Messrs. Hill of Screven, Fowler of Treutlen, Harrell of Brooks, and Sams ofDeKalb-
House Resolution No. 124-470a. A resolution requesting State Department Heads to advertise Georgia by the use of printing on the backs of envelopes mailed by their respective departments, and for other purposes.
By Messrs. Dollar of Grady, Hand of Mitchell, Ansley of Lee, Corbett of Atkinson, Holt of Appling, Harvey of Upson, McCravey of Union, Carmichael of Cobb, Dampier of Laurens, and others-
House Bill No. 410. A bill to be entitled an Act to amend Section 5-1118 of the Code of Georgia by striking certain language relating to the sale of hog cholera virus and serum, and for other purposes.

MoNDAY, jANUARY 17, 1938.

1015

By unanimous consent, the following bills of the House and Senate were read the third time and placed upon their passage:
By Senator Allen of the 31st District-
Senate Bill No. 86. A bill to be entitled an Act authorizing the City of Toccoa to enact zoning laws, and for other purposes.
The following amendment to Senate Bill No. 86 was read and adopted:
Mr. Gross of Stephens moves to amend Senate Bill No. 86 as follows:
By amending the caption in line two by striking the words "Town of Toccoa" and adding in lieu thereof "Toccoa City" and further amending said caption by striking "Town of Toccoa" wherever the same appears and substituting in lieu thereof the words "Toccoa City" and further amends said bill where the words "Town of Toccoa" appear by striking said words "Town of Toccoa" and substituting in lieu thereof the words "Toccoa City."
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 107, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
By Mr. Batchelor of Putnam-
Hous~ Bill No. 449. A bill to be entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenues for the County of Putnam, 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, the nays 0.
The bill having received the requisite constitutional majority was passed.

1016

JouRNAL oF THE HousE,

By Mr. Taunton of Taylor-
House Bill No. 452. A bill to be enti tied an Act to increase the salary of the Tax Commissioner of Taylor County, from $1200.00 to $1800.00 per annum, 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, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Whipple of Bleckley-
House Bill No. 457. A bill to be entitled an Act to amenp an Act to provide and create a new charter for the Town of Cochran, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Campbell of Newton-
House Bill No. 462. A bill to be entitled an Act to amend an Act to establish a new charter for the Town of Mansfield, 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 103, the nays 0.
The bill having received the requisite constitutional majority was passed.
Under the order of business established by the Committee on Rules, the following bills and resolutions of the House and Senate were taken up for consideration and read the third time:

MoNDAY, jANUARY 17, 1938.

1017

By Mr. Adams of Franklin-
House Bill No. 446. A bill to be entitled an Act to amend the Highway Mileage Act by adding a certain road to the State Aid System of Roads, and for other purposes.
The rep~rt 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, the nays 0.

The bill having received the requisite constitutional majority

was passed.



By Mr. Drinkard of Lincoln~

House Bill No. 393. A bill to be entitled an Act to amend the Highway Mileage Act by adding a certain road to the State Aid System of Roads, 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, the nays 0.

The bill having received the requisite constitutional majority was passed.

By Mr. Hollis of Morgan-

House Bill No. 442. A bill to be entitled an Act to amend the Highway Mileage Act by adding a certain road to the State Aid System of Roads, and for other purposes.

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

On the passage of the bill, the ayes were 110, the nays 0.

The bill having received the requisite constitutional majority was passed.

By Messrs. Marshall of Macon and Taunton of Taylor-

House Bill No. 443. A bill to be entitled an Act to amend the Highway Mileage Act by adding a certain road to the State Aid System of Roads, and for other purposes.

1018

JouRNAL oF THE HousE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Adams of Franklin-
House Bill No. 434. A bill to be entitled an Act to amend the Highway Mileage Act by adding a certain road to the State Aid System of Roads, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, the nays 2.
The bill having received the requisite constitutional majority was passed.
By Mr. Evans of McDuffieHause Bill No. 440. A bill to be entitled an Act to amend the
Highway Mileage Act by adding a certain road to the State Aid System of Roads, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 115, the nays 1.
The bill having received the requisite constitutional majority was passed.
By Senator Millican of the 52nd DistrictSenate Bill No. 68. A bill to be entitled an Act to amend the
Act providing for pensions in counties having a population of 150,000 or more, 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 103, the nays 1. The bill having received the requisite constitutional majority was passed.

MoNDAY, JANUARY 17, 1938.

1019

By Senator Neely of the 36th District-
Senate Resolution No. 20. A resolution designating Highway No. 85 from Atlanta to Warm Springs, Georgia, as the "Clark Howell Memorial Highway," and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 123, the nays 2.
The resolution having received the requisite constitutional majority was adopted.
By Senator Williams of the 5th District-
Senate Bill No. 70. A bill to be entitled an Act authorizing Highway Mileage from the City of Waycross to the City of Lakeland, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, the nays 1.
The bill having received the requisite constitutional majority was passed.
By Senator Peebles of the 18th District-
Senate Bill No. 57. A bill to be entitled an Act to amend the "Highway Mileage Act," by adding a certain road in Richmond County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Adams of Franklin-
House Bill No. 380. A bill to be entitled an Act to amend the "Highway Mileage Act," by adding a certain road in Franklin County, and for other purposes.

1020

JouRNAL oF THE HousE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 114, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Drinkard of Lincoln and Clary of Columbia-
House Bill No. 394. A bill to be entitled an Act to amend the "Highway Mileage Act," by adding a certain road to the State Aid System of Roads, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, the nays 1.
The bill having received the requisite constitutional majority was passed.
By Mr. Harris of Richmond-
House Resolution No. 112-439a. A resolution relieving Charles R. Wrenn of a bond forfeiture, and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 112, the nays 1.
The resolution having received the requisite constitutional majority was adopted.
By Senator Peebles of the 18th District-
Senate Bill No. 56. A bill to be entitled an Act to amend the "Highway Mileage Act," by adding a certain road to the State Aid System of Roads, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, the nays 2.
The bill having received the requisite constitutional majority was passed.

MoNDAY, jANUARY 17, 1938.

1021

By Mr. Brooks of Oglethorpe-
House Bill No. 411. A bill to be entitled an Act to amend the "Highway Mileage Act," by adding a certain road to the State Aid System of Roads, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Clements of Wheeler-
House Bill No. 433. A bill to be entitled an Act to amend the "Highway Mileage Act," by adding a certain road to the State Aid System of Roads, 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, the nays 1.
The bill having received the requisite constitutional majority was passed.
The following bill of the House was taken up for the purpose of considering the Senate amendment thereto:
By Mr. Booth of Barrow-
House Bill No. 364. A bill to be entitled an Act to amend the charter of the City of Winder so that said city may authorize zoning ordinances, and for other purposes.
The following Senate amendment to House Bill No. 364 was read:
The Senate amends House Bill No. 364 as follows:
By striking in line 4, Section 1, the following words "and also its environs within the limits of Barrow County."
On the question of agreeing to the Senate amendment to House Bill No. 364, the ayes were 110, the nays 0.

1022

JouRNAL OF THE HousE,

The Senate amendment to House Bill No. 364 was agreed to.
Under the order of business established by the Committee on Rules, the following bills of the House were taken up for consideration and read the third time:
By Mr. Allison of Gwinnett-
House Bill No. 432. A bill to be entitled an Act to amend the "Highway Mileage Act," by adding a certain road to the State Aid System of Roads, 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, the nays 2.
The bill having received the requisite constitutional majority was passed.
By Mr. Jones of Elbert-
House Bill No. 430. A bill to be entitled an Act to amend the Highway Mileage Act by adding a certain road to the State Aid System of Roads, 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, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Hollis of Morgan and Bond of Oconee-
House Bill No. 429. A bill to be entitled an Act to amend the Highway Mileage Act by adding a certain road to the State Aid System of Roads, and for other purposes.
The report of the committee, which was (avorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, the nays 0.
The bill having received the requisite constitutional majority was passed.

MoNDAY, JANUARY 17, 1938.

1023

By Messrs. Evans of McDuffie and Clary of Columbia-
House Bill No. 427. A bill to be entitled an Act to amend the Highway Mileage Act by adding a certain road to the State Aid System of Roads, and for other purposes.
The following amendment was read and adopted:
Messrs. Clary of Columbia and Evans of McDuffie move to amend House Bill No. 427, as follows:
By adding immediately after the last sentence in Section one, the following: "And also that road beginning at the intersection of Whiteoak and Main Streets in the City of Thomson, McDuffie County, and proceeding east out Whiteoak Street to the City Limits of Thomson; thence to Whiteoak Camp Ground; thence out of McDuffie County and into Columbia County, to a point where said road enters in the State Highway No. 47, leading from Appling to Harlem, at a point just south of the court-house in Appling, Columbia County. The approximate distance from Thomson to Appling through McDuffie and Columbia Counties is fifteen miles.
And by amending the caption so as to also include said above described road.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 106, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
By Mr. Warnock of Montgomery-
House Bill No. 416. A bill to be entitled an Act to amend the Highway Mileage Act by adding a certain road to the State Aid System of Roads, 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, the nays 0.

1024

JouRNAL oF THE HousE,

The bill having received the requisite constitutional majority was passed.
By Messrs. Daughtry of Wilkinson, Moore and Ennis of Baldwin, and Whipple of Bleckley-
House Bill No. 415. A bill to be entitled an Act to amend the Highway Mileage Act by adding a certain road to the State Aid System of Roads, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, the nays 3.
The bill having received the requisite constitutional majority was passed.
By Messrs. Daughtry of Wilkinson, Newby of Twiggs, Moore and Ennis of Baldwin-
House Bill No. 414. A bill to be entitled an Act to amend the Highway Mileage Act by adding a certain road to the State Aid System of Roads, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Batchelor of Putnam-
House Bill No. 412. A bill to be entitled an Act to amend the Highway Mileage Act by adding a certain road to the State Aid System of Roads, 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, the nays 0.
The bill having received the requisite constitutional majority was passed.

MoNOAY, JANUARY 17, 1938.

1025

By Messrs. Johnson of Chattahoochee and Douglass of Talbot-
House Bill No. 409. A hill to he entitled an Act to amend the Highway Mileage Act by adding a certain road to the State Aid System of Roads, and for other purposes.
The report of the committee, which was favorable to the passage of the hill, was agreed to.
On the passage of the hill, the ayes were 105, the nays 0.
The hill having received the requisite constitutional majority was passed.
By Messrs. Harrell and Blease of Brooks, and Cochran and Edwards of Thomas-
House Bill No. 418. A hill to be entitled an Act to amend the Highway Mileage Act by adding a certain road to the State Aid System of Roads, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, the nays 2.
The hill having received the requisite constitutional majority was passed.
By Mr. Adams of Franklin-
House Bill No. 419. A hill to be entitled an Act to amend the Highway Mileage Act by adding a certain road to the State Aid System of Roads, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the hill, the ayes were 104, the nays 1.
The hill having received the requisite constitutional majority was passed.
Mr. Campbell of Newton gave notice, that at the proper time, he would move that the House reconsider its action in passing the following bill of the House, ta-wit:

1026

JouRNAL oF THE Houst,

By Mr. Campbell of Newton-
House Bill No. 462. A bill to be entitled an Act to amend the charter of the City of Mansfield, and for other purposes.
The following report of the Committee on Rules was submitted and read:
Mr. Speaker:
Your Committee on Rules having had under consideration the fixing of a calendar for the session on Monday, January 17th, 1938, have instructed me to report that the following calendar be adopted as a special and continuing order of business beginning immediately.
1. House Bill No. 170. Fertilizer bill.
2. House Bill No. 117. Repeal of the Fish law.
3. Senate Bill No. 28. Bill authorizing incorporations.
4. Senate Bill No. 38. Amending unemployment insurance.
5. Senate Bill No. 49. Prison commission bill.
6. House Bill No. 376. Amending Neill-Traylor Map.
7. Senate Bill No.4. Timber protective bill.
8. House Resolution No. 36-128d. Repairs to State Capitol.
9. House Bill No. 79. Refund of Taxes.
10. House Bill No. 194. Local Distribution of auto tags.
11. House Bill No. 204. Uniform Ware House Act.
12. House Bill No. 122. Fishing boat reciprocity.
13. House Bill No. 277. Chain Store Tax.
14. House Bill No. 278. Amending chain store law.
15. All constitutional amendments affecting one county, general bill of local application, all local bills, and bills refunding taxes or relieving bond forfeiture.
Bills provided for in order No. 15 to be called for passage at the pleasure of the Speaker.

MoNDAY, jANUARY 17, 1938.

1027

Your Committee further instructed me to report that House Bill No. 196, known as liquor bill, be made a special order of business for Tuesday morning, January 18th, and that House Bill No. 152, known as the race track bill, be made a special order of business for Wednesday morning, January 19th, 1938. Your Committee has instructed me to report that debate on the liquor bill, known as House Bill No. 196, be limited to thirty minutes to the side, and that debate on the race track bill, known as House Bill No... , be limited to one hour on the side.

Respectfully submitted,

SurroN of Wilkes,

Vice-Chairman of the Rules Committee.

Mr. Parker of Colquitt moved the previous question, the call was sustained, and the main question ordered.

The following amendment to the report of the Committee on Rules was read and adopted:

Messrs. Lanier of Richmond, Sabados and Durden of Dougherty move to amend Rules Committee Report by striking the limi~ on debate on liquor bill.

The following amendment was read:

Mr. Evans of McDuffie moves to amend the report of the Committee on Rules by striking all reference to House Bill No. 196.

On the adoption of the amendment, the ayes were 46, the nays 99.

The amendment was lost.

On the adoption of the report of Committee on Rules, as amended, Mr. Whipple of Bleckley moved the ayes and nays and the call was sustained.

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

Those voting in the affirmative were Messrs.:

Adams Almand Bargeron

Barlow Batchelor Bennett

Brewton Brooks of Oglethorpe Brown of Greene

1028

JouRNAL oF THE HousE,

Campbell

Hart

Carmichael of Cobb

Harvey

Carmichael of RandolphHastings

Clark

Hendrix

Clary

Herrin

Cohen

Hill of Clarke

Coleman

Hill of Screven

Corbett

Hodges

Coxon

Hollis

Daves

Holt

Deal

Horne

Dean

Houston

DeFoor

Houze

Dollar

Joel

Douglass

Johnson

Drake

Jones of Bartow

Dugas

Jones of Brantley

Dunn

Jones of Dodge

Durden

Jones of Jenkins

Ennis

Kendrick

Etheridge

Key

Field

Kirbo

Flanders

Lanham

Fowler

Lanier

Freeman

Larsen

Gammage

Leonard

Grayson

Lewis

Gross

Mankin

Grubbs

Manry

Hamby

Martin

Hampton

McGehee

Hand

McGraw

Harrell of Broohs

McNall

Harrell of Irwin

Moore of Baldwin

Moore of Haralson Morris Mundy Musgrove Newby Oden Parker Perry Pilcher Preston of Walton Ragan Rawlins Rountree Sabados Salter Sapp Saunders Simmons Smith of Muscogee Spence Sutton Swindle Tapp Tate Thomas Trapnell Trippe Turner Walton Weaver Welsch Whitaker Williams of Jones Wilson

Those voting in the negative were Messrs.:

Barnard Beck Blease Bond Bradley Bridges Brooks of Jackson Brown of Peach Candler Clements Culpepper of Fayette

Davis Drinkard Dukes Erwin Evans Fitts Goff GUYton Hardin Harris
Harrison

Hogg Lewallen Marshall Mavity McCravey Milam Moore of Lumpkin Moore of Taliaferro Morgan Moss :Peters

MoNDAY, jANUARY 17, 1938.

1029

Pound Rees Reid of Carroll Rowland Sams

Sanders Sartain Scruggs Striplin Taunton

Todd Ware Watkins Whipple Zellner

Those not voting were Messrs.:

Allison Ansley Barrett Booth Chappell Claxton Cochran Cogdell Croker Culpepper of Mitchell Dampier Daughtry
Edwards Ellington Elliott Ferguson

Gary
Gavin Groover Hayes Hemdon .Jackson .Tones of Elbert Keel McCracken Middleton Miller Newton Palmour Patten Peebles

Phillips Pirkle Preston of Bulloch Reid of Wilcox Smith of Dodge Smith of Henry Vicke:ry Wall Wages Warnell Warnock Whaley Williams of Bacon Yeomans Mr. Speaker

The roll call was verified.

On the adoption of the report of Committee on Rules, as amended, the ayes were 111, the nays 48.

The report of the Committee on Rules, having received a twothirds majority of the members voting and same being a majority of the members elected to the House, was adopted, as amended.

The following resolutions of the House were read and adopted:

By Mr. Marshall of Macon-
House Resolution No. 126. A resolution commending the action of the Southern Senators in the United States Congress for their fight on the anti-lynching bill, and for other purposes.

By Messrs. Parker and Barlow of Colquitt, Houston and Perry of Worth-
House Resolution No. 127. A resolution expressing sympathy to Senator W. A. Sutton in his illness a~d hopes for a speedy recovery.

1030

JouRNAL OF THE HousE,

By Messrs. Carmichael of Cobb and Grayson of Chatham-
House Resolution No. 128. A resolution expressing appreciation to the Management of the New Warren Arena for their invitation to the members of the House to the boxing bout on Friday, January 14, 1938, and for other purposes.
Under the order of business established bv the Committee on Rules, the following bill of the House was t~ken up for consideration and read the third time:
By Messrs. Joel of Clarke, Reid and Beck of Carroll, and others-
House Bill No. 170. A bill to be entitled an Act to amend Part IV of Title 5 of the Georgia Code relating to fertilizers and fertilizer materials, and for other purposes.
Mr. Beck of Carroll moved the previous question, the call was sustained, and the main question ordered.
The following amendment was read and adopted:
By the Committee:
The Committee amends Section 5-1106 to read so when amended:
"5-1106. Constituents of fertilizers; 'high grade' on containers.-The word 'high grade' shall not appear upon any bag or other package of any complete fertilizer which complete fertilizer contains by its guaranteed analysis less than ten per cent. available phosphoric acid, 2 per cent. nitrogen and 2 per cent. of potash, or a grade or analysis of equal total commercial value; the word' standard' shall not appear upon any bag or other package of any complete fertilizer which contains by its guaranteed analysis less than 8 per cent. available phosphoric acid, 3 per cent. nitrogen, and 3 per cent. potash, or a grade or analysis of equal total commercial value; the words 'high grade' shall not appear upon any bag or other package of any acid phosphate with potash which shall contain by its guaranteed analysis less than 13 per cent. available phosphoric acid and 2 per cent. of potash, or a grade or analysis of equal total commercial value; the word 'standard' shall not appear upon any bag or other package of any acid phosphate with potash which shall contain by its guaranteed

MoNDAY, JANUARY 17, 1938.

1031

analysis less than 11 per cent. available phosphoric acid and 3 per cent. potash or a grade or analysis of equal total commercial value; the word 'high grade' shall not appear upon any bag or other package of any plain acid phosphate which shall contain by its guaranteed analysis less than 18 per cent. available phosphoric acid; and the word 'standard' shall not appear upon any bag or other package of any plain acid phosphate which shall contain by its guaranteed analysis less than 16 per cent. available phosphoric acid. No acid phosphate shall be sold in this State which contains less than 16 per cent. total plant food. No complete fertilizer, acid phosphate with potash, acid phosphate with nitrogen shall be offered for sale in this State which contains less than 14 per cent. of total plant food, namely: available phosphoric acid, nitrogen, and potash; Provided, that in mixed fertilizers there shall not be claimed less than 2 per cent. of potash and 2 per cent. nitrogen, when one or both are present in the same mixture."
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 123, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
Mr. Sutton of Wilkes moved that the House recess for one hour and the motion prevailed.
1:45 o'clock P.M.
The Speaker called the House to order.
Under the order of business established by the Committee on Rules, the following bills of the House and Senate were taken up for consideration and read the third time:
By Messrs. Lewis of Burke and Jones of Jenkins-
House Bill No. 117. A bill to be entitled an Act to repeal an Act to provide for and to authorize the Director of Wild Life to make necessary rules and regulations to control and conduct the fish and other sea food industries in this State, and for other purposes.

1032

JouR.NAi.. oF' i'HE Housr,

Mr. Harrell of Brooks moved that the bill be tabled, and the motion was lost.
Mr. Houston of Worth moved the previous question, the call was sustained, and the main question ordered.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, Mr. Lewis of Burke moved the ayes and nays, and the call was sustained.

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

Those voting in the affirmative were Messrs.:

Almand

Dukes

Ansley

Dunn

Bargeron

Durden

Barlow

Ennis

Barnard

Etheridge

Batchelor

Evans

Bennett

Fitts

Blease

Fowler

Bond

Gammage

Bradley

Goff

Brewton

Gross

Brooks of Oglethorpe Groover

Brown of Greene

Grubbs

Brown of Peach

GuYton

Carmichael of Cobb

Hampton

Carmichael of Randolph Hand

Clark

Harden

ClarY

Harrell of Brooks

Clements

Harrell of Irwin

Cochran

Harris

Coleman

Hamson

Corbett

Hart

Coxon

Harvey

Croker

Hastings

Culpepper of Fayette Hendrix

Daves

Herrin

Deal

Hill of Clarke

DeFoor

Hill of Screven

Dollar

Hogg

Drake

Hollis

Drinkard

Holt

Dugas

Horne

Houston Houze Jackson Jones of Brantley Jones of Dodge Jones of Elbert Jones of Jenkins Key Kirbo Lanham Larsen Leonard Lewallen Lewis Manry McCravey McGehee McGrawMilam Moore of Baldwin Moore of Haralson Moore of Lumpkin Moore of Taliaferro Moss Mundy Musgrove Newby Oden Parker Perry Peters Pilcher

MoNDAY, jANUARY 17, 1938.

1033

Pound Preston of Walton
Ragan
Rawlins Rountree Rowland Sabados Sams Sapp Sartain Scruggs

Simmons Smith of Muscogee Spence Sutton Swindle Tapp Todd Thomas Trapnell Trippe Vickery

Walton Ware Warnock Watkins Weaver Whipple Whitaker Williams of Bacon Williams of Jones Wilson

Those voting in the negative were Messrs.:

Adams Beck Booth Bridges Cohen Field

Freeman Hodges Jones of Bartow Kendrick Marshall Morgan

Those not voting were Messrs.:

Morris Pirkle Sanders Tate Taunton

Allison Barrett Brooks of Jackson Campbell Candler Chappell Claxton Cogdell Culpepper of Mitchell Dampier Daughtry
DaVis Dean Douglass Edwards Ellington Elliott Erwin Ferguson Flanders

Gary
GaVin Grayson Hamby Hayes Herndon Joel Johnson Keel Lanier Mankin Martin MaVity McCracken McNall Middleton Miller Newton Palmour Patten

Peebles Phillips Preston of Bulloch Rees Reid of Carroll Reid of Wilcox Salter Saunders Smith of Dodge Smith of Henry Striplin Turner Wall Wages Warnell Welsch Whaley
Yeomans Zellner Mr. Speaker

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

On the passage of the bill, the ayes were 128, the nays 17.

1034

JouRNAL OF THE HousE,

The bill having received the requisite constitutional majority was passed.
By Senators Pope of the 7th District, Atkinson of the 1st District, Allen of the 31st District, and Almand of the 50th District-
Senate Bill No. 28. A bill to be entitled an Act authorizing the chartering and empowering of corporations, and amending, revising, and perfecting the present corporation laws of the State of Georgia, and for other purposes.
Mr. Harrell of Brooks moved the previous question, the call was sustained, and the main question ordered.
The following amendment was read and adopted:
Mr. Cohen of Chatham moves to amend Senate Bill No. 28 by striking the words and figures "Five Hundred Dollars" in Section 1, Subsection D and inserting in lieu thereof the word and figures "$200.00."
An amendment offered by Mr. Cohen of Chatham was withdrawn.
An amendment offered by Mr. Peters of Meriwether was withdrawn.
The following amendment was read and adopted:
Messrs. Hodges of Liberty, Hand of Mitchell, and Hastings of Fulton move to amend Senate Bill No. 28 by striking all of Section Three (3) and inserting in lieu thereof a new section to be known as Section Three (3) as follows:
Section 3. The applicants for the charter shall thereupon file said petition or declaration with the Order of the Judge thereon in the office of the Clerk of the Superior Court of the county in which the principal office of the corporation is located and shall concurrently therewith deposit with and pay to said Clerk the fees of said Clerk for his services in said case, to-wit:
Fifteen cents per 100 words for recording the charter and Five ($5.00) Dollars for other services required of the Clerk in connection with the application for the charter; applicants shall

MoNDAY, jANUARY 17, 1938.

1035

submit to the Clerk an affidavit signed by the duly authorized agent or publisher of the newspaper having general circulation and whose principal Place of Business is in the County (as of the date of filing of said petition) that there has been deposited with said newspaper the cost of publishing four (4) insertions of said application once a week for four (4) weeks with the order of the Judge thereon. First of said advertisement shall appear in the first edition of said newspaper published after the date of said payment. Provided, however, it shall not be necessary that any or all of the advertisements appear before the petition is granted and filed by the Clerk.
An amendment offered by Messrs. Hand of Mitchell and Hastings of Fulton was withdrawn.
The following amendments were read and adopted:
Messrs. Hastings of Fulton and Hand of Mitchell move to amend Senate Bill No. 28 by striking the last sentence of Section No.4.
Messrs. Parker of Colquitt and Key of Jasper move to amend Section 8 of Senate Bill No. 28 by adding at the end of said section the following:
So much of the fees provided for in this Act as may be necessary for the purchase of supplies and equipment to carry out the provisions of the Act are hereby allocated to the Secretary of State for such purposes.
Messrs. Candler and Sams of DeKalb move to amend Senate Bill No. 28 by adding to Section 9 the following, to be known as "I" to follow "h" to-wit:
"I" to revive its charter, effective from the date of the expiration of its previous charter, by compliance with the terms of this Act applicable to the granting of charters for new corporations.
Mr. Parker of Colquitt moves to amend Senate Bill No. 28 by adding in the caption thereof the following, to be placed immediately before the words "and for other purposes":
"To repeal Section 22-308 of the Code of Georgia of 1933, as amended by an Act approved March 15, 1935, (Georgia Laws

1036

JouRNAL or THE HousE,

1935, pages 108-9, and to repeal said last mentioned act) and to insert a new section in lieu thereof."
And moves further to amend said Senate Bill No. 28 by adding a new section thereto to be numbered 44B, and to read as follows:
Be it further enacted that Section 22-308 of the Code of Georgia of 1933, as amended by an Act approved March 15, 1935, (Georgia Laws of 1935, pages 108-9) be and the same are each hereby repealed, which is to say, that said Code Section and said Act are both hereby repealed and a new section to be numbered 22-308, to read as follows, be inserted in lieu thereof:
"22-308. Charters granted, amended, renewed, or revived in vacation. The judges of the superior courts shall be authorized and empowered to grant charters to private companies and corporations and to amend, renew, and revive such charters in vacation, either at chambers in the county where the application for charter, amendment, renewal or revivor is pending, or at chambers in any county which forms a part of the judicial circuit in which said application is pending, in the same manner and subject to the same restrictions as now provided by law for granting, amending, renewing, and reviving charters in term time, and the applicants for charters, amendments, and renewals shall comply with the provisions oflaw, so far as the same may be applicable, as provided in the Code of 1933 and the applicants for revivors shall likewise comply with the provisions of law, so far as the same may be applicable, as provided in Section 22-601, of the Code of 1933; and companies whose charters have been granted, amended, renewed or revived in vacation shall be subject to all privileges, powers, conditions and liabilities as provided in the Code of 1933 and in Chapter 22-6 of the Code of 1933 as the case may be. All charters of private corporations and all amendments, renewals and revivors thereof heretofore granted by the judges of the superior courts of this State in vacation, either at chambers in the county where the application was pending or at chambers in any county which forms a part of the judicial circuit in which such application was pending, are hereby confirmed, validated and declared to be of full effect from the dates of the orders or judgments granting such charters, amendments, renewals or revivors."

MoNDAY, JANUARY 17, 1938.

1037

An amendment offered by Mr. Cohen of Chatham was read and lost.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 111, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
The following resolution of the House was read and adopted:
By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton, Kirbo and Simmons of Decatur, Sabados of Dougherty, and others-
House Resolution No. 130. A resolution memorializing the Postmaster General of the United States to establish an Air Mail Route from Atlanta, Georgia, to Tampa, Florida, v1a Tallahassee, Florida, and for other purposes.
Mr. Sutton of Wilkes moved that the House do now adjourn until9:30 o'clock tomorrow morning, and the motion prevailed.
Leave of absence was granted to Mr. Evans of McDuffie.
The Speaker announced the House adjourned until tomorrow morning at 9:30 o'clock.

1038

JouRNAL OF THE HousE,

REPRESENTATIVE HALL, ATLANTA, GA.,
TuESDAY, jANUARY 18, 1938.
The House met, pursuant to adjournment, this day at 9:30 o'clock A.M., was called to order by the Speaker and opened with prayer by the Chaplain.
By unanimous consent, the call of the roll was dispensed with.
Mr. Hill of Screven, 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.
Mr. Campbell of Newton moved that the House reconsider its action in passing the following bill of the House, ta-wit:
By Mr. Campbell of Newton-
House Bill No. 462. A bill to be entitled an Act to amend an Act to establish a new charter for the Town of Mansfield, and for other purposes.
The motion prevailed, and the action of the House was reconsidered.
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 bills and resolutions.
5. First reading and reference of Senate bills and resolutions.

TUESDAY, JANUARY 18, 1938.

1039

By unanimous consent, the following hill and resolution of the House were introduced, read the first time, and referred to the committees:
By Mr. Cohen of Chatham-
House Bill No. 480. A hill to he entitled an Act to provide for the use of voting machines for casting, registering, recording and computing ballots or votes at all elections, in primaries, in all counties in the State of Georgia having a population of 100,000 inhabitants, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Bradley of Tattnall-
House Resolution No. 131-480a. A resolution authorizing the State Librarian to furnish certain volumes of Reports of Georgia Supreme Court and Georgia Court of Appeals to. the office of the Clerk of the Superior Court of Tattnall County, and for other purposes.
Referred to Committee on Public Library.
Mr. Brown of Greene 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 Senate and have instructed me, as Chairman, to report the same hack to the House with the following recommendations:
House Bill No. 459. Do pass.
House Bill No. 466. Do pass.
House Bill No. 468. Do pass.
Senate Bill No. 101. Do pass.
Respectfully submitted,
BROWN of Greene, Chairman.
Mr. Sartain of Walker County, Chairman of the Committee on Engrossing, submitted the following report:

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Mr. Speaker:
Your Committee on Engrossing has examined, found properly engrossed, and ready for transmission to the Senate, the following bills and resolutions of the House, to-wit:
House Bills Nos. 117, 170, 380, 393, 394, 409, 411, 412, 414, 415,416,418,419,427,429,430,432,433,434,440,442,443,446, 449, 453, 457.
House Resolutions Nos. 112-439a, 128, 130.
Respectfully submitted,
SARTAIN of Walker, Chairman.
Mr. Groover of Troup County, Chairman of the Committee on Enrolling, submitted the following report:
Mr. Speaker:
Your Committee on Enrolling has examined, found properly enrolled, and ready for transmission to the Governor, the following bills of the House, to-wit:
House Bills Nos. 155, 223, 364, 428, 377, 426.
Respectfully submitted,
GROOVER of Troup, Chairman.
Mr. Gross of Stephens County, Vice-Chairman of the Committee on Public Highways No. 1, submitted the following report:
Mr. Speaker: Your Committee on Public Highways No. 1 have had under
consideration the following bills of the House and have instructed me, as Vice-Chairman, to report the same back to the House with the following recommendations:
House Bill No. 402. Do pass.
House Bill No. 467. Do pass.
Respectfully submitted,
GRoss of Stephens, Vice-Chairman.

TuESDAY, JANUARY 18, 1938.

1041

Mr. Pound of Hancock 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 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. 93. Do pass. Senate Bill No. 98. Do pass. Senate Bill No. 99. Do pass. Senate Bill No. 103. Do pass. Senate Bill No. 104. Do pass. Hous~ Bill No. 453. Do pass. House Bill No. 455. Do pass. House Bill No. 456. Do pass. House Bill No. 460. Do pass. House Bill No. 465. Do pass. House Bill No. 471. Do pass.
House Bill No. 469. Do pass.
House Bill No. 473. Do pass.
House Bill No. 476. Do pass.
Respectfully submitted,
PouND of Hancock, Chairman.
By unanimous consent, the following bills of the House and Senate, favorably reported, were read the second time:
By Senators Whitehead of the 30th District and Almand of the 50th District-
Senate Bill No. 93. A bill to be entitled an Act to amend an

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Act entitled "Highway Mileage," so as to add a certain road to the System of State Aid Roads, and for other purposes.
By Senator Lindsay of the 34th District-
Senate Bill No. 98. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," so as to add a certain road to the System of State Aid Roads, and for other purposes.
By Senator Allen of the 31st District-
Senate Bill No. 99. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," so as to add a certain road to the System of State Aid Roads, and for other purposes.
By Senator Spivey of the 16th District-
Senate Bill No. 101. A bill to be entitled an Act to reduce the bond of the Sheriff of Emanuel County, Georgia, and for other purposes.
By Senator Peebles of the 18th District-
Senate Bill No. 103. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," so as to add a certain road to the System of State Aid Roads, and for other purposes.
By Senators Burgin of the 24th District and Moye of the 11th District-
Senate Bill No. 104. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," so as to add a certain road to the System of State Aid Roads, and for other purposes.
By Mr. Campbell of Newton-
House Bill No. 402. A bill to be entitled an Act to amend an Act providing that no motor fuel tax shall be imposed on any motor distillate sold to or consumed by the State Highway Department, county or municipality, and for other purposes.
By Mr. Deal of Bulloch-
Hause Bill No. 453. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," so as to add a certain road to the System of State Aid Roads, and for other purposes.

TuESDAY, jANUARY 18, 1938.

1043

By Mr. Booth of Barrow-
House Bill No. 455. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," so as to add a certain road to the System of State Aid Roads, and for other purposes.
By Messrs. Dampier and Larsen of Laurens, and Jones and Smith of Dodge-
House Bill No. 456. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," so as to add a certain road to the System of State Aid Roads, and for other purposes.
By Messrs. Palmour and Phillips of Hall-
House Bill No. 459. A bill to be entitled an Act to amend an Act to clarify the name of a certain School District in Hall County, Georgia, and for other purposes.
By Mr. Field of Whitfield-
House Bill No. 460. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," so as to add a certain road to the System of State Aid Roads, and for other purposes.
By Mr. Reid of Wilcox-
House Bill No. 465. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," so as to add a certain road to the System of State Aid Roads, and for other purposes.
By Messrs. Weaver, Freeman, and Horne of Bibb-
House Bill No. 466. A bill to be entitled an Act to provide for the employment of extra deputies or assistants in the office of county officers in this State whose compensation is on a salary basis, and for other purposes.
By Mr. Gross of Stephens-
House Bill No. 467. A bill to be entitled an Act to amend an Act providing for signs to be placed at the intersection of all streets and roads, also the length and height of said signs, and for other purposes.
By Messrs. Lanier, Harris, and Barrett of Richmond-
House Bill No. 468. A bill to be entitled an Act to amend an

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JouRNAL OF THE HousE,

Act to repeal an Act in reference to the charter of the City of Augusta, so as to create a Board of Health and fixing per diem or salaries of the mem hers, and for other purposes.
By Mr. Adams of Franklin-
House Bill No. 469. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," so as to add a certain road to the System of State Aid Roads, and for other purposes.
By Messrs. Drake of Seminole, Simmons and Kirbo of Decatur-
House Bill No. 471. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," so as to add a certain road to the System of State Aid Roads, and for other purposes.
By Mr. Adams of Franklin-
House Bill No. 473. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," so as to add a certain road to the System of State Aid Roads, and for other purposes.
By Mr. Pound of Hancock-
House Bill No. 476. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," so as to add a certain road to the System of State Aid Roads, and for other purposes.
By unanimous consent, the following bill of the House was again taken up for consideration:
By Mr. Campbell of Newton-
House Bill No. 462. A bill to be entitled an Act to amend an Act to establish a new charter for the Town of Mansfield, and for other purposes.
The following substitute to House Bill No. 462 was read and adopted:
By Mr. Campbell of Newton-
A BILL
To be entitled an Act to amend an Act entitled an Act to establish a new charter for the Town of Mansfield, etc., by providing that all candidates for elective town office shall announce and

TuESDAY, JANUARY 18, 1938.

1045

qualify not later than December 1, 4:00 P. M., and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The Act of the General Assembly entitled an Act to establish a new charter for the Town of Mansfield, etc., appearing on pages 838-846 of Georgia Laws of 1906, and approved August 21, 1906, and all Acts amendatory thereto be, and the same are hereby amended by providing as follows:
"Every candidate for elective town office must file written announcement of his candidacy with the town clerk not later than 4:00 P. M., on December 1st before the election, to be held on the second Monday in December of each calendar year."
Sec. 2. All laws and parts of laws in conflict with this Act be, and the same are hereby repealed.
The report of the committee, which was favorable to the passage of the bill, was agreed to, by substitute.
On the passage of the bill, by substitute, the ayes were 103, the nays 0.
The bill having received the requisite constitutional majority was passed, by substitute.
By unanimous consent, the following bills of the Senate were read the first time and referred to the committees:
By Senator Lindsay of the 34th District-
Senate Bill No. 105. A bill to be entitled an Act to amend Section 34-1302 of the Code of 1933 relating to elections, etc., and for other purposes.
Referred to Committee on Privileges and Elections.
By Senator Shannon of the 21st District-
Senate Bill No. 107. A bill to be entitled an Act to provide that the bond of the Tax Collector of Twiggs County shall be paid by the County of Twiggs, and for other purposes.
Referred to Committee on Counties and County Matters.

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JouRNAL oF THE HousE,

By Senator Shannon of the 21st District-
Senate Bill No. 108. A bill to be entitled an Act to amend the charter of the City of Jeffersonville, and for other purposes.
Referred to Committee on Municipal Government.
By Senator Shannon of the 21st District-
Senate Bill No. 109. A bill to be entitled an Act reducing the bond of the Sheriff of Twiggs County and providing that the County Commissioners shall pay the premium on same, and for other purposes.
Referred to Committee on Counties and County Matters.
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, as amended, the following bill of the House, to-wit:
By Mr. Rawlins of Ben Hill-
House Bill No. 374. A bill creating the office of Commissioners of Roads and Revenues in and for Ben Hill 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 bills of the House, to-wit:
By Mr. Trapnell of Candler-
House Bill No. 377. A bill fixing the amount of the official bond of the Sheriff of Candler County, and for other purposes.
By Mr. Warnell of Bryan-
House Bill No. 426. A bill reducing the official bond of the Sheriff of Bryan County, and for other purposes.

TuESDAY, jANUARY 18, 1938.

1047

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 Senators Phillips of the 29th District and Williams of the 5th District-
Senate Resolution No. 52. A resolution requesting State Department Heads to advertise Georgia, and for other purposes.
Mr. Harrell of Brooks asks unanimous consent that the following bill of the House be withdrawn from the Committee on State of Republic and recommitted to Committee on General Agriculture No.2:
By Messrs. Harrell and Blease of Brooks, Dollar of Grady, and others-
House Bill No. 381. A bill to be entitled an Act to declare the necessity of establishing and enacting laws to govern and regulate the marketing of flue cured bright leaf tobacco, and for other purposes.
Objection to the unanimous consent request was heard.
The following resolution of the Senate was read and adopted:
By Senators Phillips of the 29th District and Williams of the 5th District-
Senate Resolution No. 52.
A RESOLUTION
Whereas: Georgia's wonderful climate free from flood and storm, forests, drainages, water power, her vast natural resources, unlimited fertile land, abundant labor, State Parks, Mountains, Seashores should be brought continuously to the attention of its own citizens and to the world at large, and
Whereas: An excellent and inexpensive method of advertising Georgia is available to each department of State Government by printing on the backs of envelopes mailed such pertinent and valuable facts about Georgia, and

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Whereas: This idea is now being used by certain progressive firms located in this State which has received the approval of the United States Postal Officials upon application by these firms,
Now therefore be it resolved, by the House of Representatives of the State of Georgia in Special Session Assembled, the Senate concurring, that this method of advertising Georgia be used by each State Officer, State Department or Commission head, or head of any branch of State Government, upon all official correspondence except correspondence of such private or personal nature that the department head feels should be transmitted in envelopes without such advertising matter:
That each department adopt its own advertising matter and have same printed.
Under the order of business established by the Committee on Rules, the following bill of the House was again taken up for consideration:
By Mr. Thomas of Chattooga-
House Bill No. 196. A bill to be entitled an Act to be known as the Alcoholic Beverage Control Act, and for other purposes.
Mr. Gross of Stephens moved the previous question, and the call was sustained.
The following substitute to House Bill No. 196 was considered:

A BILL
To be entitled an Act to be known as "Revenue Act to Control Alcoholic Beverages and Liquors," to provide for a tax on alcoholic beverages and spirituous liquors not now taxed, and for the control, manufacture, importation, distribution and sale in certain counties of such alcoholic beverages and liquors; to amend Title 58 of the official Code of Georgia of 1933, by adding a paragraph to be numbered 58-124; and to add a new paragraph to the official Code of Georgia of 1933 to Chapter 58, same to be known as Section 58-305; and to provide what license taxes shall be paid by those persons procuring a license under this Act; to provide for the issuance of licenses and cancellation of the same; and for requirements and conditions

Tu~sbAY, JANUARY i8, i938.

1049

precedent to procuring a license, and for rules and regulations to carry this Act into effect; to allocate all funds collected under this Act; and for other purposes.
Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same:
Section 1. That on and after the passage of this Act the official Code of Georgia, Title 58, be, and the same is hereby amended by adding a new Section 58-124, which shall read as follows:
"58-124. The General Assembly of Georgia may from time to time pass measures taxing spirituous liquors in such counties as the General Assembly may designate, and in such cases the limitations and restrictions of this Chapter shall not apply to those counties in which the General Assembly has levied a tax on spirituous liquors."
Sec. 2. That on and after the passage of this Act the official Code of Georgia, Title 58, be, and the same is hereby amended by adding a new Section 58-305, which shall read as follows:
"58-305. Provided, that nothing set out in Chapters 58-1, 58-2, 58-3 of this Code shall apply in those counties in which the General Assembly may levy a revenue tax on the sale of alcoholic beverages and liquors."
Sec. 3. This Act shall be known as the "Revenue Tax Act to Control Alcoholic Beverages and Liquors."
Sec. 4. The license hereinafter provided for and the tax levied on the manufacture, sale and distribution of distilled spirits and alcohol as authorized by this Act is hereby authorized only in those counties having a population of 50,000 or more according to the United States census of 1930.
Sec. 5. (a) The words "Spirituous Liquors," or "Distilled Spirits," mean any alcoholic beverage containing alcohol obtained by distillation, mixed with water or other substances in solution, and includes brandy, rum, whiskey, gin, cordials, or other spirituous liquors by whatever name called, to include fortified wines as defined by Federal Alcohol Administration, but nothing in

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this Act shall prohibit the sale of wines from natural fermentation of fruits, berries and other products.
(b) The word "Alcohol" means the product of distillation of any liquid, whether rectified or dilated, whatever may be the origin thereof, and shall include synthetic ethyl alcohol.
(c) The word "Person" means and includes any individual, partnership, corporation, or association.
(d) The word "Manufacturer" means any person engaged in manufacturing, distilling or rectifying or blending any alcoholic beverage, distilled spirits or alcohol.
(e) The word "Wholesaler" or "Wholesale Distributor" means any person engaged in distribution or selling to retailers for the purpose of resale any of the distilled spirits or alcohol as defined in this Act.
(f) The words "Retailer," or "Retail Distributor," mean any person engaged in selling at retail any distilled spirits or alcohol for beverage purposes in unbroken packages.
Sec. 6. This Act shall be administered by the State Revenue Commission of Georgia. No employee of the State Revenue Commission, directly or indirectly, shall have any interest whatsoever in manufacturing, selling, transporting, distributing, storing or otherwise dealing in alcoholic beverages. Upon proof of any such employee being shown, such employee shall immediately be dismissed from service and not be permitted to serve again with said Revenue Commission.
Sec. 7. The State Revenue Commission shall have the followmg powers:
(a) To try any of its employees and to punish them as provided for in Section 6, if found guilty.
(b) To issue or refuse to issue any license provided for by this Act; to refuse to issue any license under this Act to any person, firm or corporation which is known to the Commission to have heretofore been engaged in the illegal sale of distilled spirits and alcohol.
(c) To revoke, suspend, or cancel for cause after hearing any license issued by it under authority of this Act.

TuESDAY, jANUARY 18, 1938.

1051

(d) To provide forms for application for licenses and of all reports which it deems necessary administering the same.
(e) To fix standards nbt in conflict with those prescribed by the laws of this State and of the United States.
(f) To issue rules and regulations governing all advertising within this State of distilled spirits.
(g) To issue rules and regulations not inconsistent with the federal laws or regulations requiring informative labeling of all distilled spirits offered for sale hereunder.
(h) To adopt and promulgate, repeal and demand such rules, regulations, standards, requirements and orders not inconsistent with this Act or any law of this State or of the United States as it may deem necessary to control the manufacture and sale of distilled spirits and alcohol in accordance with the provisions of this Act.
(i) The State Revenue Commission shall on the first day of January of each and every year after this Act goes into effect, prepare a detailed report of its operations, which shall be submitted to the Governor of this State; and also to each member of the General Assembly upon the convening thereof in regular sesswn.
(j) Agents and inspectors appointed by the State Revenue Commission for the enforcement of this Act are hereby empowered and authorized to enter upon the premises of any person licensed under the provisions of this Act at any time during business hours for the purpose of inspecting said premises and shall have access during such inspection to all books, records, and supplies relating to the manufacture and sale of alcoholic beverages.
Sec. 8. No person shall within the State of Georgia manufacture, keep for sale or sell any distilled spirits without first having obtained a license as provided in this Act, provided, however, that nothing herein contained shall prevent solicitors from within or without this State taking orders for delivery as provided as follows:
(a) No distilled spirits intended for sale shall be imported, shipped or brought within the State of Georgia for delivery to

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JouRNAL OF THE HousE,

any person except the holder of a Wholesaler's or Manufacturer's license.
(b) No Wholesaler licensed under this Act shall sell to any person within the State of Georgia unless such person he the holder of a Wholesaler or Retailer license.
(c) No retailer within this State shall purchase distilled spirits from any person other than the holder of a Wholesaler's, or Retailer's license issued by the State Revenue Commission of Georgia.
(d) No manufacturer of any distilled spirits shall sell or distribute the same within this State to any person other than a licensed Wholesaler or Manufacturer.
Sec. 9. Licenses which may be issued under authority of this Act shall be as follows:
(a) MANUFACTURERS: A Manufacturer's license shall authorize the holder thereof to operate a distillery for the production of alcohol or distilled spirits at the premises designated in the license. Such license shall authorize the operation of a rectifying plant. Such license shall authorize the sale of distilled spirits or alcohol in bulk to other distillers or rectifiers and shall require that sales to holders of Wholesaler licenses shall be in sealed containers. The annual fee for this license shall be One Thousand Dollars ($1,000.00), which sum may be reduced to one-half for a license issued on and after August 1st of each year. Said licenses shall be payable each year on or before the first day of January.
(h) WHoLESALERS: A Wholesaler's license shall authorize the holder to engage in the sale of distilled spirits at wholesale, by selling to the holder of a Wholesale license or to the holder of a Retail license for the purpose of resale. Said license fee shall be Five Hundred Dollars ($500.00) annually, which may he reduced to one-half for licenses issued on and after August 1st of each year. Said licenses shall be renewed annually on or before the first day of January.
(c) RETAILERS: A Retailer's license shall authorize the holder to sell only in the original and unbroken package or packages, which package or packages shall contain not le$s than

TUESDAY, jANUARY 18, 1938.

1053

one-half pint of distilled spirits or alcohol each, and shall not permit the breaking of said package or packages on the premises where sold, and shall not permit the drinking of the contents of said package or packages on the premises where sold. No Retailer's license shall be granted until the applicant has exhibited a license granted by the municipality, and such municipalities as are located in counties where the manufacture, sale and distribution of distilled spirits and alcohol is legalized, shall be authorized to issue its license or permit within the provisions of this Act only, provided that such municipality shall never charge or receive for its license or permit a sum in excess of that fixed by this Act or the Revenue Commission as the license fee for retailers. No license or permit shall be issued by the State Revenue Commission or any other body authorizing the sale of distilled spirits or alcohol to be sold outside the corporate limits of a town or city in a county or counties where the sale of such has been legalized. The Revenue Commission shall be limited in the issuance of licenses to one license for each 5,000 population or greater part thereof in any county. The holder of any license or permit issued by any municipality or town shall constitute no right to such licensee to acquire a license from the State Revenue Commission, but shall only be evidence of the fact that such municipality or town government approves the person holding such license or permit.
Fifty Dollars ($50.00) shall be the annual fee for a Retailer's license, which fee may be reduced to one-half for licenses issued on and after August 1st of each year. Said retail licenses shall be renewed annually on or before the first day of January.
(d) No person, firm, or corporation, association, partnership, or any other business, including hotels, restaurants, clubs, or any other public place shall be permitted to sell or offer for sale or to give or distribute alcoholic beverages in broken packages or any mixed drinks on the premises owned, controlled, or operated by any such person, firm, corporation, partnership, or any other business, including hotels, clubs, restaurants, or any other public places.
(e) No license shall be granted any person by the State Revenue Commission for any of the above purposes unless and until

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this Act has been adopted in the county of said business application, and until this Act has been adopted in conformity with the provisions herein set forth.
(f) All persons holding licenses under this Act shall display the same prominently at all times on the premises for which same was issued.
Sec. 10. Before any license is granted, applicant must file with the Revenue Commission, corporate surety bond in a surety company licensed to do business in the State of Georgia, conditioned to pay all taxes due the State of Georgia, in amounts as follows:
Distillers-Ten Thousand ($10,000.00) Dollars; WholesalersFive Thousand ($5,000.00) Dollars; Retailers-Twenty-five Hundred ($2,500.00) Dollars; said bonds to be approved by the Revenue Commission and shall be executed on forms as may be prescribed by said Commission.
Said bonds shall be of form prescribed by the State Revenue Commission and shall be conditioned, among other things, that the applicant when granted a license to sell distilled spirits and alcohol, shall pay all sums due the State and comply with all the rules and regulations governing the sale of distilled spirits or alcohol, and such other conditions as the State Revenue Commission may require in its rules and regulations.
Sec. 11. There shall be levied and collected on all distilled spirits imported into the State of Georgia a tax of One Dollar ($1.00) per wine gallon, and on all alcohol imported into the State of Georgia a tax of Two Dollars ($2.00) per wine gallon, and a proportionate tax at like rates on all fractional parts of a gallon. There shall be levied and collected on all distilled spirits manufactured in the State of Georgia from Georgia grown products, a tax of Fifty Cents ($0.50) per wine gallon, and on all alcohol manufactured in the State of Georgia from Georgia grown products, a tax of One Dollar ($1.00) per wine gallon, and a proportionate tax at like rates on all fractional parts of a gallon. Taxes shall be collected in the following manner: The State Revenue Commission shall prescribe suitable stamps in proper denominations denoting the payment of taxes imposed by this

TuESDAY, JANUARY 18, 1938.

1055

Act, and the tax provided shall be administered and collected by means of adhesive stamps lithographed with an intricate geometric design on safety paper. Every manufacturer or wholesaler before shipment or delivery to a retailer shall affix to each bottle or container of distilled spirits a stamp indicating the payment of the proper amount of tax. The State Revenue Commission may in its discretion replace mutilated stamps when fully satisfied that said stamps have not been used. The Revenue Commission shall be authorized in its discretion to permit importation of distilled spirits or alcohol into any county where the manufacture and sale of the same has been legalized, by permitting the same to be shipped to a bonded warehouse or warehouses and there stored without the payment of tax, provided for herein, but such rules or regulations shall provide for the collection of all taxes due on distilled spirits or alcohol as it is withdrawn from the bonded warehouse and the tax stamps affixed thereon.
(a) Each tax stamp upon being affixed to a bottle or other container of distilled spirits shall immediately be cancelled by the person engaged in said business by placing in ink across the face of said stamp in legible form the license number of said person.
(b) The re-use of any stamp indicating payment of tax shall be unlawful. The counterfeiting or forging of any stamp shall be unlawful and any person guilty of committing either of said acts in this paragraph shall be guilty of a misdemeanor, and upon conviction be punished as for a misdemeanor.
(c) The possession of any distilled spirits or alcohol by any person which does not bear the tax stamps provided for herein shall be unlawful, and such distilled spirits or alcohol shall be subject to seizure by any peace officer, and the offender shall be guilty of a misdemeanor and upon conviction shall be punished for such.

Sec. 12. Any wines or other beverages made by fermentation, to which there has been added distilled spirits, and where the alcoholic content is more than fourteen (14%) per cent alcohol by volume, are hereby classed as liquor and their manufacture, sale and distribution are made subject to all the restrictions,

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penalties, and regulations as are imposed by this Act, on distilled spirits or alcohol, except taxes, but upon all such wines there shall be levied a tax of twenty-five (25) cents per gallon on such wines made exclusively from fruits, berries, grapes, and other products grown in Georgia, and on all such wines there shall be levied and collected a tax of fifty (50) cents per gallon where such wines are made from or contain ingredients made from products grown outside the State of Georgia.
Such wines as are described in this section are commonly known as "fortified wines" and nothing in this Act shall be construed to regulate the sale of wines made from natural fermentation of fruits, grapes, and berries containing an alcoholic content of not more than fourteen (14%) per cent alcohol by volume.
Sec. 13. The provisions of this Act shall not apply to ethyl alcohol, intended for use and/or used for the following purposes:
(a) For scientific, chemical, mechanical, industrial, medicinal and culinary purposes.
(b) For use by those authorized to procure the same tax-free, as provided by the Act of Congress and regulations promulgated thereunder.
(c) In the manufacture of denatured alcohol produced and used as provided by the Acts of Congress and regulations promulgated thereunder.
(d) In the manufacture of patented, patent, proprietary, medicinal, pharmaceutical, antiseptic, toilet, scientific, chemical, mechanical and industrial preparations or products, unfit for beverage purposes.
(e) In the manufacture of flavoring extracts and syrups, unfit for beverage purposes.
Sec. 14. Any person who shall sell or offer for sale any spirituous liquors as herein defined on Sundays and election days shall be guilty of a misdemeanor, and upon conviction shall be punished as for a misdemeanor.
Sec. 15. Any person who by himself or another shall furnish or cause to be furnished or permit any person in his employ to

TuESDAY, }ANUARY 18, 1938.

1057

furnish alcoholic, spirituous liquors, or beverages to any minor, to any person who is noticeably intoxicated, or to any habitual drunkard whose intemperate habits are known to such person, shall be guilty of a misdemeanor, and upon conviction, shall be punished as for a misdemeanor. That no female shall be allowed to work in any liquor store as hostess, barmaid or in any manner whatsoever.
Sec. 16. It shall be unlawful for any manufacturer, wholesaler, or retail distributor, or any person to ship or transport by any means whatsoever any of the distilled spirits or alcohol into any county, which county has voted against the issuance of permits; provided, however, nothing herein contained shall prevent any manufacturer, wholesale or retail distributor from shipping or transporting said liquors through such counties or municipalities where the destination of such liquors is beyond the limits of such county. Any person guilty of violating the provisions of this section shall be guilty of a misdemeanor, and upon conviction shall be punished as for a misdemeanor.
Sec. 17. That it shall be unlawful for any person, firm or corporation to sell, possess, conceal, store, convey any vinous, malt, or spirituous liquors or beverages whereon any tax or license fee is imposed by this Act, and upon which such tax or license fee has not been paid; and any officer or agent of the State Revenue Commission shall have the authority and it shall be his duty to declare contraband any distilled spirits or alcohol which does not bear the revenue stamps of the State of Georgia, or that is found, whether for sale or otherwise, in any county in the State of Georgia where the sale of such distilled spirits and alcohol is not authorized under the terms of this Act or its amendments; all contraband liquors, distilled spirits or alcohol, seized as contraband, shall be immediately delivered to the State Revenue Commission, or persons designated by the Commission to receive the same, and by them sold at public sale, under such rules and regulations as the Commission shall hereafter adopt, and the proceeds of such sale retained by the Commission and paid over to the lawful authority to receive revenue from the sale of liquor; but nothing in this Act shall prohibit the other law enforcement agents and officers of this State from seizing and prosecuting persons illegally possessing or selling distilled spirits

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and alcohol in counties in the State of Georgia where the sale of same has not been authorized by this Act or its amendments. The authority to seize as contraband distilled spirits and alcohol as set out herein, shall extend to counties where the sale and possession of the same is made legal by this Act or any of its amendments where such liquors, distilled spirits or alcohol are sold contrary to the provisions hereof or found in possession of any person, firm or corporation, and not bearing the prescribed stamps showing taxes paid thereon in the State of Georgia.
The Revenue Commission, or its agents, are also authorized, and it shall be their duty to secure warrants or other form of criminal process against all offenders in counties where the sale of distilled spirits and alcohol is not authorized under the terms of this Act, and in counties where the sale of distilled spirits and alcohol is authorized under the terms of this Act but where the same is being sold contrary to the provisions hereof, and the Revenue Commission, or its agents, are authorized, and it shall be their duty to prosecute such offenders.
Sec. 18. It shall be unlawful for any person, firm or corporation, to distill, manufacture, or make any distilled spirits, alcohol, or mixed liquors or beverages any part of which is a product of distillation, otherwise than 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. Any apparatus or article so used in the distillation or manufacture of any liquors or beverages named in this section is hereby decl~r~d contraband and shall be destroyed by the officer or officers setzmg same.
Sec. 19. Nothing in this Act contained shall be construed as giving any person a right to sell spirituous liquors as herein defined, but the manufacture, sale and distribution of spirituous liquors is declared to be a privilege in this State and not a right.
Sec. 20. No business licensed under this Act shall be operated within one hundred yards of any church or educational institution.
Sec. 21. Whoever violates any of the provisions of this Act for which no specific penalty is provided, or any of the rules and

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regulations issued under authority of this Act, and in accord with the provisions of this Act, shall be guilty of a misdemeanor, and upon conviction, shall be punished as for a misdemeanor.
Sec. 22. Whoever sells, shall give away to induce trade or for the purpose of evading the provisions of this Act, furnishes or provides any spirituous, distilled liquors, or intoxicating liquors and alcoholic beverages such as are dealt with in this Act, other than in accordance with the provisions of this Act and the rules and regulations promulgated under the same, shall be guilty of a misdemeanor, and upon conviction shall be punished as for a misdemeanor.
Sec. 23. There shall be no exception from the permit fees, license fees, and/or tax as provided by this Act in favor of any person whatsoever.
Sec. 24. Fifty (50%) per cent of all license fees and taxes collected under this Act are hereby allocated and apportioned to the common schools of the State; and twenty-five (25%) per cent thereof is hereby allocated and appropriated for the support of the common schools of the counties within the State, and the same shall be apportioned in proportion to its population, according to the last Federal decennial census; and twenty-five (25%) thereof is hereby allocated and apportioned for the support of the common schools of the several municipalities of the State, and the same shall be apportioned in proportion to its population, according to the last Federal decennial census. Said funds shall be paid to the proper authorities of each county and municipality by the State Treasurer on warrant drawn by the Governor.
Sec. 25. Should any provision of this Act be held invalid, no other provision shall be affected thereby, and the remaining provisions shall continue in full force and effect.
Sec. 26. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed.
The following amendments to committee substitute to House Bill No. 196 were read and adopted:
Messrs. Turner, Candler, and Sams of DeKalb move to amend the committee substitute for House Bill No. 196 by adding the

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following provisions to Section four and at the proper place in the caption of the bill:
"Provided that the provisions of this act shall not apply to counties having a population of 70,000 to 71,000 according to the United States Census of 1930 nor shall any future census change the status of any county coming within the exemption."
Mr. Brewton of Evans moves to amend the committee substitute by striking the period at the end of Section four and adding the following clause, "and in those counties having a population of not less than 7,095 and not more than 7,107 according to the census of 1930 and all future census."
. Mr. Jones of Brantley moves to amend the committee substitute by adding or inserting at the proper place, "and to those counties having a population of not less than 6,895 or more than 6,925."
Mr. Warnell of Bryan moves to amend the committee substitute by striking the period at the end of Section four and adding the following clause:
"and in those counties having a population of not less than 5,950 and not more than 5,958 according to the census of 1930."
Mr. Yeomans of Wayne moves to amend the committee substitute to House Bill No. 196 by striking from Section (four) 4 thereof the period at the end of Section 4 and substituting in lieu thereof a comma and the following language:
"and in those counties having a population of not less than twelve thousand six hundred forty (12,640) and not more than twelve thousand six hundred and fifty-five (12,655) according to the census of the United States of 1930 and any future census thereof."

Mr. Sapp of Coffee moves to amend the committee substitute to House Bill No. 196 by striking from Section 4 the period at the end of Section 4 and substituting in lieu thereof a comma and the following language:

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1061

"and in those counties having a population of not less than 19,600 and not more than 19,900 according to the census of the United States of 1930 and any future census thereof."
Mr. Cogdell of Glynn moves to amend Section 4 of the committee substitute to House Bill No. 196 by striking the period at the end thereof and inserting a comma and the following language:
By adding thereto those counties having a population of not less than 19,395 and not more than 19,405, according to the United States Census of 1930, and any future census.
Mr. DeFoor of Mcintosh offers to amend the substitute by striking Section 4 thereof the period at the end of Section 4 and substituting in lieu thereof a comma and the following:
"and in those counties having a population of not less than 5760 and not more than 5769 according to the census of 1930 and all future census."
Messrs. Sabados and Durden of Dougherty move to amend the committee substitute to House Bill No. 196 by striking from Section 4 thereof the period a't the end of Section 4 and substituting in lieu thereof a comma and the following language:
"and in those counties having a population of not less than twenty-two thousand three hundred (22,300) and not more than twenty-two thousand five hundred (22,500) according to the census of the United States of 1930 and any future census thereof."
Mr. Preston of Bulloch moves to amend the committee substitute to House Bill No. 196 by striking from Section 4 thereof the period at the end of Section 4 and substituting in lieu thereof a comma and the following language:
"and in those counties having a population of not less than twenty-six thousand five hundred (26,500) and not more than twenty-six thousand six hundred and fifty (26,650) according to the census of the United States of 1930 and any future census thereof."
Mr. Coleman of Lowndes moves to amend the substitute by striking Section 4 thereof the period at the end of Section 4 and substituting in lieu thereof a comma and the following:

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"and in those counties having a population of not less than 29,990 and not more than 29,999 according to the census of 1930 and all future census."
Messrs. Grayson of Chatham, Carmichael of Cobb, Jones of Bartow, Williams of Bacon, Thomas of Chattooga, and Harris of Richmond move to amend committee substitute for House Bill No. 196 by inserting therein a new section immediately after Section 6 of the printed bill, to be known as Section 6-A, and to read as follows:
Section 6-A. The State Revenue Commission of Georgia shall furnish warehouses or storage places in any county or counties wherein the sale of distilled spirits is legalized throughout the State as in its discretion it deems expedient for the purpose of furnishing ample storage space for the products of all manufacturers or distillers. The State Revenue Commission shall charge a rental on each square foot of floor space, at a rate to be determined by the State Revenue Commission which rate shall apply at the same rate per square foot for all manufacturers or distillers. The distilled spirits so stored in said State warehouses shall be taxed and the stamp provided for herein affixed before any of said distilled spirits shall be permitted to be taken from said warehouses.
The State Revenue Commission is hereby authorized and empowered to lease suitable storage places for the conducting of said warehouse business and shall operate and supervise said warehouses with State employees who shall be charged with the collection of the State tax herein provided and the rental accruing from such storage place. Said State employees shall give bond in the sum of Ten Thousand ($10,000) Dollars.
Be it further enacted, that said State warehouses shall neither deliver nor consign nor permit to be delivered or to be consigned any of the spirituous liquors stored therein to any person, firm, or corporation other than a legally licensed and qualified wholesale dealer as defined under the terms of this Act.
Be it further enacted, that it shall be unlawful for any person, firm, or corporation either as individual, wholesaler or retailer to accept delivery or shipment of spirituous liquors except

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1063

through said State warehouses and upon conviction in a court of competent jurisdiction shall be punished as for a misdemeanor.
Messrs. Spence and Bennett of Ware. By adding appropriately in Section four:
In counties of not less than 26,400 and not more than 26,700 according to census of 1930 and all future census.
Messrs. Lewis and Bargeron of Burke move to amend subsection (c) of Section 9 of the committee substitute to House Bill No. 196, as follows:
By striking the words and figures "Fifty dollars ($50.00)" from line 44 of said section, and inserting in lieu thereof the words and figures "Two hundred fifty dollars ($250.00)," so that the portion of said section, as amended, will read as follows:
Two hundred fifty dollars ($250.00) shall be the annual fee for a Retailer's license, which fee may be reduced to one-half for licenses issued on and after August 1st of each year.
Messrs. Carmichael of Cobb, Thomas of Chattooga, Sabados of Dougherty, Grayson and McNall of Chatham, Freeman of Bibb, Harris and Lanier of Richmond, Smith, Leonard, and Elliott of Muscogee move to amend committee substitute to House Bill No. 196, as follows:
By striking from Section 9, Subsection (c) the following: "Provided that such municipality shall never charge or receive for its license or permit a sum in excess of that fixed by this Act or the Revenue Commission as the license fee for retailers" and substituting in lieu thereof the following:
In addition to licenses herein above provided for, counties and municipalities may without regard to charter restrictions, impose further licensing requirements and the payment of additional fees before a manufacturer, wholesaler, or retailer may engage in business by the county where such municipality is located.
All persons holding licenses under this Act shall display the same prominently at all times on the premises for which same was issued.

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Nothing in this Act shall be construed from preventing any municipality or county from adopting all reasonable rules and regulations as may fall within the police powers of such municipalities or counties to regulate any business provided for in this Act. All municipality and county authorities issuing licenses shall within their respective jurisdictions have authority to determine the location of any distillery, wholesale business, or retail business licensed by them. No business licensed under this Act shall be operated within one hundred yards of any church or educational institution.
Messrs. Harris of Richmond, Carmichael of Cobb, Williams of Bacon, Sabados of Dougherty, Thomas of Chattooga, Grayson of Chatham, and Jones of Bartow move to amend the committee substitute to House Bill No. 196 by striking from subsection (c) of Section 9 thereof the remainder of the first paragraph of said subsection after the following language: "provided, that such municipality shall never charge or receive for its license or permit a sum in excess of that fixed by this Act or the Revenue Commission as the license fixed for retailers."
An amendment offered by Mr. McGraw of Meriwether was withdrawn.
The following amendments to committee substitute were read and adopted:
Mr. McGraw of Meriwether moves to amend the committee .,\substitute to House Bill No. 196 by striking subsection "e" under
Section 9 and substituting in lieu thereof a new subsection to be numbered "e" and to read as follows:
No license shall be granted to any person by the State Revenue Commission for any of the above purposes unless and until a license has been procured by the applicant from the municipal or county authorities in a county where the sale of alcoholic beverages is by this Act authorized.
Mr. McGraw of Meriwether moves to amend the committee substitute to House Bill No. 196 by adding a new subsection to Section 9 of said bill same to be known as subsection "g" and to read as follows:

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Said Revenue Commission is hereby authorized to issue to Commercial Growers of peaches, apples, pears, grapes and other perishable fruits grown in Georgia a license authorizing such growers to manufacture and distill liquors defined by this Act from such perishable fruits in the county or counties where such fruits are grown, for which permit said growers shall pay to the Revenue Commission an annual license fee of $500.00. Provided, that any such liquors distilled or manufactured in any county where the liquors herein named are not to be sold under the terms of this Act, such licensee shall immediately store such liquors in a warehouse or warehouses designated by said Revenue Commission to be sold or disposed of under the supervision of said Commission in states or counties permitting the legal sale thereof. And provided further that it shall be unlawful for such licensee to sell or dispose of any such liquors in any county or counties wherein the sale of such liquors are forbidden by the terms of this Act, or to sell to any one not holding a wholesale or retail license granted under the terms of this Act.
Mr. McGraw of Meriwether moves to amend Section 11 of
-+-. committee substitute to House Bill No. 196 by adding follow-
ing the word "Georgia" and just before the word "from" the word "not."
Mr. Adams of Franklin moves to amend the committee substitute for House Bill No. 196, by adding a new paragraph to be appropriately numbered, as follows:
On liquors exported beyond the limits of this State, there shall be a tax of fifteen cents (15) per gallon, or 45 per case.
Mr. Brewton of Evans moves to amend committee substitute to House Bill No. 196, by striking from Section Sixteen (16) after the word "county" in line three (3) of said Section the following:
"which county has voted against the issuance of permits;"
and inserting in lieu thereof the following:
"in which county the manufacture, distribution and sale of such distilled spirits or alcohol has not been authorized under the term of this Act or its amendments."
Messrs. Harris of Richmond, Carmichael of Cobb, Grayson of Chatham, Jones of Bartow, Williams of Bacon, Sabados of

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Dougherty, and Thomas of Chattooga move to amend the committee substitute to House Bill No. 196 by striking therefrom Section 24 in its entirety and renumbering the remaining Sections appropriately.
Messrs. Carmichael of Cobb, Williams of Bacon, Sabados of Dougherty, Jones of Bartow, Grayson of Chatham, Thomas of Chattooga, and Harris of Richmond move to amend the committee substitute to House Bill No. 196 by adding a new Section thereto to be known as Section 24-A and to read as follows:
"After the approval of this Act the Governor and the Comptroller General shall not be authorized to levy more than three mills ad valorem in any one year of the general property tax in this State, and the County Commissioners or Ordinary, as the case may be, of each county in this State shall be and they are hereby authorized to levy an additional sum of two mills on the dollar for general county purposes, as they may see fit, in addition to all other taxes, which they are now by law authorized to levy for the support of the county governments."
Mr. Evans of McDuffie moves to amend the committee substitute to House Bill No. 196, by adding a new section immediately before the repealing clause, to be appropriately numbered, and to read as follows:
Section . .. Be it further enacted by the authority aforesaid that no license or stamps shall be sold to any applicant or person, unless an application is filed accompanied by a certificate by the Ordinary of the county of such applicant's residence, certifying that said applicant has been a bona fide resident of said county for at least twelve months immediately preceding such application; and no stamps or license shall be sold to any person who has not been a resident for the last twelve months immediately preceding such sale, or a county in which liquor may be legally sold under this Act. It is the purpose and intention of this Section to prevent the sale of liquor in any county other than those counties in which liquor may be legally sold under this Act.
Messrs. Bennett and Spence of Ware move to amend committee substitute to House Bill No. 196 by adding in Section 4, the following:

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1067

"In counties of not less than 26,500 and not more than 26,600 according to the 1930 census, and all future census."
An amendment offered by Messrs. Evans of McDuffie and Jones of Elbert was withdrawn.
The following amendments to the committee substitute were read and adopted:
Messrs. Beck of Carroll and Joel of Clarke move to amend the committee substitute to House Bill No. 196 by adding a new paragraph immediately before the repealing clause, to be appropriately numbered, and to read as follows:
Section . .. Be it further enacted by the authority aforesaid that no member of the General Assembly shall be eligible for employment under any office or job created by this Act during the term of office for which he is elected; and this provision shall apply to legislators elected in the future as well as those now elected.
Messrs. Beck of Carroll and Joel of Clarke move to amend the committee substitute to House Bill No. 196 by adding a new paragraph immediately before the repealing clause, to be appropriately numbered, and to read as follows:
Sec. . . . Be it further enacted that no spirituous liquors shall be sold in this State within two hundred yards of any place of Divine worship, or educational institutions.
Mr. Adams of Franklin moves to amend the committee substitute for House Bill No. 196, by adding a new paragraph to be appropriately numbered, as follows:
No alcoholic beverages shall be sold by any licensee under this Act that does not fully meet all Federal requirements as to quality or purity, as represented by the label, or does not meet such standards as may be adopted by the proper State Agency enforcing this Act.
An amendment offered by Mr. Sartain of Walker was read and lost.
The following amendments to the committee substitute were read and adopted:

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Mr. Evans of McDuffie moves to amend the committee substitute to House Bill No. 196, by adding immediately before the repealing clause a new section, to be appropriately numbered, and the repealing clause to be likewise appropriately numbered, to read as follows:
Section . . . Any person found in possession or control of any spirituous, vinous or alcoholic liquor, in any county of this State (except such counties in which liquor may be legally sold, under the terms of this Act) shall be guilty of a misdemeanor, and upon conviction, punishable as in cases of misdemeanors. The fact that such person may have a license or liquor stamps shall be no defense in such prosecutions, where said liquor is carried into a county to which the terms of this Act do not apply, and wherein liquor is not legalized under the terms of this Act.
It is the purpose and intent of this section to maintain the present prohibition law against liquor and alcoholic beverages in those counties of this State not specially exempted from the provisions of the prohibition law under this Act; and to provide for the trial and conviction of persons guilty of selling or possessing such liquor in such counties, as is now provided by law, prior to the passage of this Act; and it is for the purpose and intent of this section to provide that the prohibition law is not repealed in Georgia, except in the counties specified by this Act.
Mr. Evans of McDuffie moves to amend the committee substitute to House Bill No. 196, by adding a new section immediately before the repealing clause, to be appropriately numbered and to read as follows:
Sec. . . . It shall be unlawful to sell any liquor in any of the counties specified by this Act between the hours of 12:00 o'clock, midnight, on Saturday night, until the hour 12:00 o'clock, midnight, on Sunday night, at any time.
It is the purpose and intent of this section to prevent the sale of liquor on the Sabbath, and any violation of same shall be a misdemeanor, by the buyer and/or the seller.
Messrs. Harris of Richmond, Carmichael of Cobb, Grayson of Chatham, Williams of Bacon, Sabados of Dougherty, Jones of Bartow, and Thomas of Chattooga move to amend the com-

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mittee substitute to House Bill No. 196 by adding to the caption thereof before the words" and for other purposes" the following:
"and to provide sufficient revenue for the operation of the governments of the various counties of the State of Georgia."

Mr. Evans of McDuffie moves to amend the caption of the committee substitute to House Bill No. 196, as follows:

By adding to the caption the subject-matter embraced in aU amendments adopted prior to the action of the House on the bill, as amended.
The following substitute offered from the floor by Mr. Lanham of Floyd to House Bill No. 196 was taken up for consideration:

By Mr. Lanham of Floyd-

THE ALCOHOLIC BEVERAGE CONTROL ACT
An Act to legalize, regulate and control the manufacture, sale, distribution, transportation, handling, possession, dispensing, drinking and use of alcohol, brandy, rum, whiskey, gin, spirits and all liquids containing alcohol obtained by distillation, fermentation or otherwise, except wine and beer; to create a Department of Alcoholic Beverage Control and a Georgia Alcoholic Beverage Control Board and to define and provide for the functions, duties and powers thereof; to provide for the appointment, suspension, removal, compensation, costs and expenses of such Board and its members, officers, agents and employees; to provide for licensing and taxing manufacturers, wholesalers and retailers of alcohol, brandy, rum, whiskey, gin and spirits, and all liquids and articles containing alcohol, except wine and beer, by the State, cities and towns thereof; to appropriate money for the administration of the Act and to provide for the disposition of revenues collected under the Act; to provide for the issuance of warrants for searchers and seizures; to provide for the confiscation and disposition of articles declared contraband hereunder; to impose penalties for violations of this Act; to repeal all laws and parts of laws in conflict herewith, and to provide that this

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Act shall constitute, be designated and cited as "The Alcoholic Beverage Control Act"; and for other purposes.
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the effective date of this Act, the business of manufacturing, transporting, distributing, selling, handling, possessing, dispensing, drinking, using and otherwise dealing in alcohol, brandy, rum, whiskey, gin, spirits and all liquids containing alcohol obtained by distillation, fermentation or otherwise, as hereinafter defined, except wine and beer, is hereby made a privilege under the laws of this State, and there are hereby imposed certain restrictions and licenses as hereinafter specified, to be paid for the exercise of such privilege.
Sec. 2. Title of Act:-Be it further enacted by the authority aforesaid, that this Act shall be known, designated and cited as "The Alcoholic Beverage Control Act."
Sec. 3. Definitions:-The following terms, wherever used or referred to in this Act shall have the following meaning, unless a different meaning clearly appears from the context:
(a) "Alcohol" shall mean the product known as ethyl or grain alcohol obtained by distillation of any fermented liquor, rectified either once or oftener, whatever may be the origin thereof, and shall include synthetic ethyl alcohol, but shall not include methyl alcohol and alcohol completely denatured in accordance with formulas approved by the Government of the United States.
(b) "Alcoholic beverages" shall include alcohol, brandy, rum, whiskey, gin and spirits, and any one or more of such varieties, and every liquid or solid, patented or not, containing alcohol and/or spirits, and capable of being consumed by a human being. This definition shall not include wine or beer.
(c) "Board" shall mean the Georgia Alcoholic Beverage Control Board;
(d) "Boat" shall mean any craft plying the waters of this State, and used for the transportation of passengers, and which has a regular schedule.

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(e) "Club" shall mean any non-profit corporation or association which is the owner, lessee or occupant of an establishment operated solely for objects of a national, social, patriotic, political or athletic nature, or the like, but not for the pecuniary gain, the advantages of which belong to all the members; it also shall mean the establishment so operated;
(f) "Dentist" shall mean any person duly authorized to practice dentistry pursuant to the laws of Georgia;
(g) "Dining car, club car or buffet car" shall mean any car forming a part of a passenger train, in which meals are served or luxuries and entertainment are provided for passengers.
(h) "Druggist" shall mean any person duly authorized to operate a pharmacy pursuant to the laws of the State;
(i) "Establishment" shall mean any place where alcoholic beverages of one or more varieties are manufactured, sold or used pursuant to the provisions of this Act;
(j) "Hotel" shall mean any duly licensed establishment, with ten or more bedrooms and provided with special space and accommodations where, for a valuable consideration, food is habitually furnished to persons, and which has dining room space of 400 square feet regularly set apart for the use of its guests and eight or more tables used regularly for serving meals;
(k) "Intoxicated": any person who has drunk enough alcoholic beverage to so affect his manner, disposition, speech, muscular movement, general appearance or behavior, as to be apparent to observation, shall be deemed to b.e intoxicated;
(1) "Manager" shall mean the appointee of the Board in charge of a State store;
(m) "Member of a club" shall mean a person who maintains his membership in the said club by the payment of monthly, quarterly, or annual dues in the manner established by the rules and regulations thereof;
(n) "Package" shall mean any container, bottle, vessel or other receptacle used for holding alcoholic beverages;

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(o) "Person" shall include an individual, partnership, association, or corporation;
(p) "Physician" shall mean any person duly authorized to practice medicine pursuant to the laws of the State;
(q) "Public Place" shall mean any place, building or conveyance to which the public has or is permitted to have access, and any highway, street, lane, park or place of public resort or amusement. This definition does not include hotel dining rooms, hotel tap rooms, restaurants, clubs as herein defined, dining, club and buffet cars or carriers of passengers for hire, or boats used for the carrying of passengers for hire.
(r) "Residence" shall mean any building or part of a building or tent where a person resides, but does not include any part of a building which part is not actually and exclusively used as a private residence, nor any part of a hotel or club other than a private guest room thereof;
(s) "Restaurant" means any establishment provided with at least 400 square feet of floorspace and eight or more tables regularly used for serving meals to the public for a valuable consideration.
(t) "Sale" and "sell" shall include exchange, barter and traffic, and any delivery made otherwise than gratuitously, by any means whatsoever, of alcoholic beverages; to solicit or receive an order for alcoholic beverages; to keep, offer or expose the same for sale; to peddle;
(u) "Spirits" shall mean any beverage which contains alcohol obtained by distillation mixed with drinkable water and other substances in solution, except wine and beer, and includes, among other things, brandy, rum, whiskey and gin; but shall not include any such liquors completely denatured in accordance with formulas approved by the United States Government, or some department thereof;
(v) "State store" shall mean a store established by the Board under this Act, for the sale of alcoholic beverages, or any one or more varieties thereof;

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(w) "Tap room" shall mean a room or rooms opening into the lobby of a hotel as herein defined, on the ground floor thereof and used for the purpose of dispensing alcoholic beverages to the public.
(x) "Veterinary" shall mean any person duly authorized to practice veterinary science pursuant to the laws of this State.
(y) "Wholesale druggists" shall mean any person duly authorized to manufacture, sell, deliver and ship drugs and medicines to others for the purpose of resale.
Sec. 4. Department of Alcoholic Beverage Control; Georgia Alcoholic Beverage Control Board created-
(a) 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;
(b) The Board shall consist of three members appointed by the Governor. One of the members of the Board shall be appointed for a term of 1 year, one for a term of 2 years, and one for a term of 4 years; subsequent appointments shall be for a term of 4 years each, except appointments to fill vacancies which shall be for the unexpired terms. 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.
(c) Each member of the Board shall receive a salary to be fixed by the Governor, and not to exceed the sum of $6,000.00 per annum:
(d) Members of the Board may be suspended or removed by the Governor at pleasure. Upon conviction of a member for a violation of any provision of this Act, he shall be removed from office by the Governor forthwith;
(e) Each member of the Board shall, before entering upon the discharge of his duties, take and subscribe an oath to faithfully discharge the duties of his office, and shall give bond payable to

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the Treasurer of the State, in such sum as shall from time to time be fixed by the Governor, with some surety company duly authorized to do business in this State as surety. Such bond shall be approved by the Governor and shall be conditioned for the faithful discharge of his duties. The premium of such bonds shall be paid by the Board from any funds in its hands that may be available for that purpose, and the bond shall be filed with and preserved by the Treasurer of the State;
(f) Each member of the Board shall devote his full time to the performance of his official duties;
(g) No member, officer, agent or employee of the Board shall, directly or indirectly, individually, or as a member of a partnership, or of an association, or as a member of the board of directors, or a 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 in the purchase or sale of alcoholic beverages by the Board or by any other person, or have any interest in or mortgage or deed to secure debt 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.
(h) The main office of the Board shall be located in the City of Atlanta.
Sec. 5. Functions, duties and powers of Board.-The functions, duties and powers of the Board shall be as follows:
(a) To buy, import and sell alcoholic beverages, and to have alcoholic beverages in its possession for sale;
(b) To control the possession, sale, transportation and delivery of alcoholic beverages by the Board;

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1075

(c) To determine the localities within which State stores shall be established and operated, and the location of such stores;
(d) 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 issue permits, within its discretion, to distillers and manufacturers authorizing them to transport to and store alcoholic beverages in warehouses located in this State for sale in wholesale quantities to the Board upon its requisitions.
(e) To lease, occupy and improve any land or building required for the purposes of this Act;
(f) 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 convey the same by proper deed;
(g) 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;
(h) 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.
(i) To appoint every officer, agent and employee required for its operations, dismiss them at will, 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 Treasurer of the State, in such form and in such amounts 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 $1,000.00 per annum shall first be approved by the Governor; members of the Board are hereby vested, and such officers, agents and employees of the Board as shall be designated by the Board

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shall upon being so designated be vested, with like power and authority to enforce the provisions of this Act and the criminal laws of the State as are now vested in sheriffs of counties and police of cities and towns;
(j) 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 conduct hearings, issue subpoenas and administer oaths and take testimony thereunder;
(k) To make a reasonable charge for preparing and furnishing statistical information and compilations to persons other than (first) officials, including court and police officials, of the State and of its subdivisions, if the information requested is for official use, and (second) persons who have a personal or legal interest in obtaining the information requested, if such information is not to be used for commercial or trade purposes;
(1) 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 the Act.
Sec. 6. Power to make regulations; how published; effect thereof.-
(a) The Board may from time to time make such reasonable regu,lations, not inconsistent with this Act, nor the general laws of the State, as the Board shall deem necessary to carry out the purposes and provisions of this Act, and to prevent the illegal manufacture, sale, distribution and transportation of alcoholic beverages, or any one or more of such illegal acts, 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 have the force and effect of law. The Board shall certify to the clerks of all superior courts and other courts of record having criminal jurisdiction copies of all regulations adopted by the Board; such clerks shall keep on file for public inspection all such regulations certified to them by the Board;

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1077

(b) Nothing in this Act contained shall require such regulations to be uniform in their application;
(c) All courts shall take judicial notice of the regulations of the Board made, published and filed in accordance with the provisions of this Act.
Sec. 7. Civil liability of Board members; suits by and against Board.-
(a) No member of the Board may be sued civilly for doing or omitting to do any act in the performance of their duties as prescribed by this Act, except that he may be sued by the Treasurer of the State for a breach of his bond, and any such suit may be brought for the use of the State, or anyone aggrieved;
(b) Said Board is hereby made and constituted a Body Politic, with the right to sue and be sued. All suits against the Board shall be brought in the Superior Court of Fulton County, which Court shall have exclusive jurisdiction thereof.
Sec. 8. Annual report to Governor; what shall be contained therein.-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 the Governor a report for the twelve months ending on the 30th day of June in which year 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 result of the operations of the Board for the year;
Third. A statement showing the license fees and taxes collected under this Act during the year;
Fourth. General information and remarks as to the working of this Act within the State;
Fifth. Such other information as shall be requested by the Governor.

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(b) 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.
(c) The books and records of the Board shall at all times be subject to examination and audit by the Department of Audits and Accounts, or by such other persons as the Governor may designate.
Sec. 9. Records of Board; Department of Audits and Accounts to devise and install system of accounts.-
(a) The Board shall keep such complete and accurate records as shall be necessary to show:
First. All moneys received by the Board.
Second. All moneys paid into the treasury of the State by the Board, and all disbursements made pursuant to the order of the Board;
Third. The amount of moneys on hand;
Fourth. The kinds and amounts of alcoholic beverages on hand and the location thereof;
Fifth. All indebtedness and all contracts of the Board;
Sixth. The names, addresses, and compensation of all officers, agents and employees 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 leased and all real estate sold by the Board.
(b) The Department of Audits and Accounts shall devise and install a system of accounts for the Board.
Sec. 10. Board may establish, maintain and operate State stores for sale of alcoholic beverages:
(a) The Board may establish, maintain and operate in such counties, cities and towns as shall be considered advisable by the Board, State stores for the sale of alcoholic beverages in accor-

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1079

dance with the provisions of this Act and may discontinue any such store or stores when in its discretion it is advisable to do so.
(b) The Board shall from time to time fix the prices at which the various classes, varieties and brands of alcoholic beverages shall be sold in such stores; wholesale and retail prices shall be uniform throughout the State, except that the difference in cost of operating stores may be reflected in the sale price of alcoholic beverages sold at such stores.
(c) The sale of alcoholic beverages at each State store shall be conducted by a Manager, and by such other officers, agents and employees as may be appointed hereunder, who shall, under the direction of 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 of such store and the sale of alcoholic beverages thereat.
(d) 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.
(e) No alcoholic beverages shall be consumed in a State store by any person.
(f) Not more than one gallon of alcohol or spirits shall be sold to any one person at any one time in any State store; this provision shall not limit the amount that may be sold by the Board in State stores or otherwise for industrial purposes, for manufacturing articles allowed to be manufactured under section 22 of this Act, nor shall it limit the amount sold to persons holding retail licenses, wholesale druggists and druggists licensed under this Act.
(g) The Board may from time to time adopt regulations relating to the sale, delivery and shipment of alcoholic beverages, 'and alter, amend or repeal the same in order to prevent the unlawful sale and delivery thereof in and from State stores.
Sec. 11. Orders of Board for alcoholic beverages; authentication of orders and cancellations thereof.-
(a) Every order of the Board for the purchase of alcoholic beverages shall be authenticated by the chairman of the Board

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JouRNAL oF THE HousE,

or by a member of the Board authorized by the Board to authenticate such orders, and no order shall be binding unless so authenticated.

(b) A duplicate of every such order shall be kept on file in the office of the Board.

(c) All cancellations of orders made by the Board shall be authenticated in the same manner and a duplicate thereof kept as herein provided.

Sec. 12. When Board not required to purchase through the Supervisor of Purchases; printing of Board.-

(a) The provisions of law pertaining to the State Supervisor of Purchases and the purchasing of materials, equipment and supplies through the Supervisor of Purchases shall not apply to the purchasing of alcoholic beverages, the equivalent for furnishing State stores, the making of leases and purchasing of real estate by the Board under the provisions of this Act.

(b) All printing. required by the Board shall be done through the Supervisor of Purchases and shall be paid for by the Board out of funds available for such purpose.

Sec. 13. When the State stores closed.-No sale or delivery of alcoholic beverages shall be made at any State store, nor shall any such store be kept open for the sale of alcoholic beverages:

(a) On Sunday.

(b) In any county, city or town on any day on which an election is held therein.

(c) Within one hundred yards of any church, school ground, or college campus.

(d) During such other periods and on such other days as the

Board may direct.



Sec. 14. Accounts to be made quarterly and submitted to Governor; audit of accounts.-

(a) The accounts of the Board shall be made up quarterly 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

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1081

sheet and statement of profit and loss and submit the same to the Governor.

(b) The Governor may require that the accounts of the Board

be audited by the Department of Audits and Accounts, or by

such other person as the Governor may designate, at such time

or times as he may see fit.



Sec. 15. Net profits, after deducting reserve fund, to be transferred to general fund of State treasury.-The net profits derived under the provisions of this Act shall, after deducting therefrom such sums as may be allowed the Board by the Governor for the creation of a reserve fund not exceeding the sum of $1,000,000.00 in connection with the administration of this Act to provide for the depreciation on the buildings, plant and equipment owned, held or operated by the Board, be paid over to the State Treasurer quarterly, within forty days after the close of each quarter.

The term "net profits" as used in this section, shall mean the total of all monies collected by the Board, less all salaries and costs, and expenses incurred in establishing and maintaining State stores, the purchasing and/or manufacturing of alcoholic beverages as authorized by the provisions of this Act, other than capital expenditures for buildings, plants, and equipment. All such sums of money as may be paid into the treasury of the State is hereby specifically appropriated for the benefit of and shall be used for the support of the common schools.

Sec. 16. State licenses which Board may grant and issue.-
The Board may grant, subject to revocation as provided in Section 21-a of this Act, the following licenses under the provisions of this Act;
(a) Distillers' licenses, which shall authorize the licensees to manufacture alcohol, brandy, rum, whiskey and gin, and to sell and deliver or ship the same, in accordance with such regulations as the Board rnay adopt from time to time, in barrels, bottles or other closed containers, to the Board, and to persons outside of Georgia for re-sale outside of this State, 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.

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(b) Wholesale druggist licenses to wholesale druggists, which licenses shall authorize the licensees to buy alcohol from the Board and to sell and deliver or ship the same in accordance with regulations of the Board and under its supervision, to druggists for the purpose of compounding and resale, and to persons duly authorized to operate pharmacies outside of Georgia for the purpose of compounding and resale beyond the limits of this State, 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.
i. Retail spirits licenses which shall be issued only to the following:
(1) "Clubs," as defined in this Act.
(2) "Restaurants," as defined in this Act.
(3) "Dining cars," "Club cars," or "Buffet cars" as defined in this Act.
(4) "Boats," as defined in this Act.
(5) "Hotels," with dining room space and/or "tap-rooms," as defined in this Act.
Such licensees shall be authorized to sell alcoholic beverages by the drink, or by the package, provided no sale by the package of more than one gallon shall be made to any one customer at one time. Provided further, that "tap-rooms," licensed under provisions of this Act shall keep the entrance into the lobby of the hotel in which it is located open at all times during the hours in which sales of alcoholic beverages are being made to the public.
Sec. 17. Applications for licenses.-Every person applying for any license provided for under the provisions of this Act shall file his application on a form provided by the Board, signed by such person, stating the kind of license desired, the building, place or room where he proposes to engage in such business, the name of the city, town or municipality in which he proposes to conduct such business, the name under which such business will be conducted, and such other information as the Board may reqmre. In all cases where a Club is applying for a license the

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1083

application shall contain or have attached thereto a list of the names of all Club members.
Sec. 18. When Board may refuse to grant licenses; effect thereof.-
(a) The Board shall refuse to grant any license mentioned in this Act if it is of the opinion:
1st. That the applicant is not a suitable person to be so licensed; or
2nd. That the place to be occupied by the applicant is not a suitable place; or
3rd. That a sufficient number of licenses have already been issued; or
4th. That the license shall not be issued.
(b) The Board shall not refuse to grant any such license except upon a hearing held after ten days notice to the applicant of the time and place of such hearing, which notice shall contain a statement of the objections to granting such license, and shall be served on the applicant as other notices are served, or by sending the same to applicant by registered mail to his last known postoffice address. The applicant shall have the right to produce evidence in his behalf at the hearing and be represented by counsel.
(c) The Board shall not issue any license until the license tax required by Section 19 of this Act is paid to the Board.
(d) The action of the Board in granting or in refusing to grant any license under the provisions of this Act shall not be subject to review by any Court, nor shall any mandamus or injunction lie in such case.
Sec. 19. State License Tax or Registration Fees:
(a) The State license tax or registration fees to be paid under the provisions of this Act shall be as follows:
1st. For each distiller's license, One Thousand Dollars per annum:

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JouRNAL OF THE HousE,

2nd. For each retail spirits license, ($100.00) One Hundred Dollars per annum.
3rd. For each wholesale druggist license, Fifty Dollars ($50.00) per annum.
Sec. -20. Separate license for each separate place of business; when transfer allowed; to be kept posted.-
(a) Each license issued by the Board under the provisions of this Act shall designate the place where the business of the licensee will be carried out. A separate license shall be required for each separate place of business.
(b) No such license shall be transferable from 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.
Subsections (a) and (c) hereof shall not apply to common carriers operating dining cars, buffet cars and club cars.
Sec. 21. When Board may suspend or revoke licenses.-
(a) The Board may suspend or revoke any licenses issued by it if it 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 numberoflicenses issued should be reduced; or
Fourth. That the license should be revoked.
(b) Before the Board may suspend or revoke any license issued under the provisions of this Act, at least ten days' notice of such proposed or contemplated action by the Board shall be given to the licensee affected. Such notice shall be in writing, shall contain a statement in detail of the grounds or reasons for

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1085

such proposed or contemplated action of the Board, and shall be served on the licensee as other notices, or by sending the same to such licensee by registered mail to his last known postoffice address. The Board shall in 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 suspended or revoked. The licensee shall at such time and place have the right to produce evidence in his behalf and to be represented by counsel.
(c) The Board in suspending any license may impose as a condition precedent to the removal of such suspension, a requirement that the licensee pay the cost incurred by the Board in investigating the licensee and in holding the proceeding resulting in such suspension.
(d) The action of the Board in suspending or revoking any license pursuant to the provision of this section shall not be subject to review by any Court nor shall any mandamus or injunction lie in any such case.
(e) Alcoholic beverages owned and in possession, or owned or in possession, for sale, by or of any licensee at the time the license of any such person is suspended or revoked as herein provided, may be sold by such person to the Board at such price or prices and upon such terms as may be agreed upon by the Board and such person, or may, upon permits issued by the Board and upon such conditions as the Board may specify, be sold to persons in Georgia licensed to sell such alcoholic beverages or may, upon permits issued by the Board, be sold 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.
Alcoholic beverages owned and in possession, or owned or in possession, for sale, by or of persons whose licenses have been tetminated otherwise than by suspension or revocation may dispose of the same in accordance with the foregoing provisions of this section within such time as the Board, in its discretion, may deem proper under the circumstances, provided such period shall not be less than sixty days.
All such alcoholic beverages owned by or in possession of any person whose license is suspended or revoked, as provided herein

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JouRNAL OF THE HousE,

shall be disposed of by such person in accordance with the provisions of this section within a period of sixty days from the date of such suspension or revocation; all such alcoholic beverages owned by or in possession of any person whose license is terminated otherwise than by suspension or revocation, shall be disposed of by such person in accordance with the provisions of this section within the period allowed by the Board; all such alcoholic beverages owned by or remaining in the possession of any such person after the expiration of such period shall be deemed contraband and forfeited to the State in accordance with the provisions of Section 26 of this Act.
Sec. 22. Local Licenses.-
(a) In addition to the foregoing State license tax or registration fee 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 and/or sell, within said city or town, alcoholic beverages. The license which may be charged and collected by such cities and towns shall not exceed the following sums:
1st. For each distiller's license, One Thousand Dollars per annum.
2nd. For each retail spirits license, One Hundred Dollars per annum.
3rd. For each wholesale druggist license, $25.00 per annum.
Provided, however, that no city or town shall levy a license tax on any "dining car," "club car" or "buffet car," or any "boat," duly licensed under this Act to sell alcoholic beverages at retail, whenever such "dining car," "club car" or "buffet car," or" boat" is being operated through said city or town as a common carrier of passengers.
Sec. 23.
Manufacture and sale of medicines, toilet and antiseptic preparations, flavoring extracts and canned heat permitted.-The provisions of this Act shall not be construed to prevent in any

TUESDAY, jANUARY 18, 1938.

1087

county, city or town, nor 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, of any medicine containing sufficient mediation 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, of any medicinal preparations manufactured in accordance with formulas prescribed by the United States Pharmaeoepia, 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 of 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;
(e) The Board may by regulations, which it may from time to time alter, amend or repeal, permit the manufacture, sale, delivery and shipment of "sterno," canned heats, and other similar substances, without requiring a license therefor.
Sec. 24. Sale of alcoholic beverages by druggists upon prescriptions.-Persons holding druggists' licenses 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.
Each druggist shall preserve, separate from other prescriptions, for a period of two years from the date filled, all prescriptions for

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JouRNAL OF THE HousE,

alcoholic beverages filled by him. Such prescriptions shall at all times be open to the inspection of the Board and of any duly authorized agent thereof.
Sec. 25. Physicians, dentists, veterinarians, hospitals and sanatoriums permitted to administer alcoholic beverages.-
(a) A physician may administer alcoholic beverages to a bona fide patient in cases of actual need when in the judgment of the physician the use of alcoholic beverages is necessary;
(b) A d~ntist who deems it necessary that a bona fide patient being 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 institution who is in need of the same, 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.
Sec. 26. What alcoholic beverages, materials and other articles are contraband; forfeited to the State.-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 this Act, and all vehicles, boats and conveyances of every kind used in the transportation of alcoholic beverages in violation of this Act shall be deemed contraband and shall be forfeited to the State.
Sec. 27. Issuance of search warrants; where they may be executed and before whom returnable.-

TUESDAY, jANUARY 18, 1938.

1089

(a) 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, any officer authorized by the laws of this State to issue warrants for the arrest of offenders against the penal laws, 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 search 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 he executed in any part of the State where the same are overtaken and shall be made returnable before any judge of the superior, city or county court, or justice of the peace, or any municipal officer clothed by law with the powers of a justice of the peace within whose jurisdiction such automobile, boat, conveyance, vehicle, trunk, grip or other article of baggage, or any of them, where transported or attempted to be transported contrary to law.
Sec. 28. (a) Whenever any article, which under the provisions of this Act is declared contraband and required to be forfeited to the State, has been seized, with or without a warrant, by an officer charged with the enforcement of this Act, he shall produce the same, and the person in whose possession it was found, someone of the Judicial officers hereinafter named. If no person be found in possession of said articles the return shall so state and 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 upon the premises. If the seizure is made without a warrant, a notice of such seizure signed by the officer making the seizure, shall be posted in lieu of the warrant.
(h) Upon the return of the warrant as provided in this section, the judge of the superior, city or county court or justice of

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JOURNAL OF THE HousE,

the peace, or municipal officer clothed by law with the powers of a 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 kept, stored or possessed in violation of any of the provisions of this Act.
At such hearing if no claimant shall appear, the judge or other officer hearing the same, 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, or any municipal officer clothed by law with the powers of a justice of the peace, he shall forthwith certify the warrant and the articles seized along with the claim filed therein to any court having jurisdiction, which court shall docket the case. Thereupon the court shall hear and determine the validity of such claim.
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. 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. If the Board shall be of the opinion that any alcoholic beverages forfeited to the State and turned over to the Board in accordance with the provisions of this section, for any reason cannot be sold and should not be destroyed, it may give the same for medicinal purposes to institutions in this State supported either in whole or in part by public funds, to supply the needs of such institutions for alcoholic beverages for such purposes. Provided that the State Health Department has issued a

TUESDAY, jANUARY 18, 1938.

1091

certificate stating that such institution has need for such alcoholic beverages, and provided that a record showing the amount issued in each case, to whom issued and the date when issued be made and kept in the office of the Department and in the office of said Board.
Sec. 28. Search of vehicles in which illegally acquired alcoholic beverages are being transported; or in which alcoholic beverages are being illegally transported; vehicles to be seized and forfeited; proceedings; disposition of alcoholic beverages; arrests.-
(a) Where any officer charged with the enforcement of the alcoholic beverage laws of this State shall have reason to believe that alcoholic beverages illegally acquired, or that alcoholic beverages being illegally transported, are, in any conveyance or vehicle of any kind, either on land or on water (except a conveyance or vehicle owned or operated by a railroad, express, sleeping or parlor car or steamboat company, other than barges, tugs or small craft), it shall be the duty of such officer to obtain a legal search warrant and search such conveyance or vehicle, and if such illegally acquired alcoholic beverages or alcoholic beverages being illegally transported in amounts in excess of one quart be found therein, he shall seize the same and shall also seize and take possession of such conveyance or vehicle and deliver the same and the alcoholic beverages so seized, to the sheriff of the county or one of his deputies, in which such seizure was made, taking his receipt therefor, in duplicate.
(b) The officer making such seizure shall also arrest all persons found in charge of such conveyance or vehicle and shall forthwith report in writing such seizure and arrest to the solicitorgeneral of the superior court, the solicitor of the city court, or solicitor of the county court having jurisdiction in the county or city in which such seizure and arrest were made.
(c) If the conveyance so seized be a motor vehicle required by the motor vehicle laws of Georgia to be registered, such solicitor shall forthwith notify the State Revenue Commission by letter of such seizure and the motor number of the vehicle so seized, and the said Commission shall promptly certify to such solicitor the
namf; and addr~ss of the person in whose name such v~hicle il?

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JouRNAL oF THE HousE,

registered; and said Commission shall also forthwith notify such registered owner in writing of the reported seizure, and the county or city wherein such seizure was made.
The certificate of said Commission, concerning such registration, shall be received in evidence in any proceeding, either civil or criminal, under any provision of this Act, in which such facts may be material to the issue involved.
(d) Within ten days after receiving notice of any such seizure, the solicitor shall file, in the name of the State, an information against the seized property in the clerk's office of the court of record in the county wherein said seizure was made; should the solicitor for any reason fail to file such information within said time, the same may, at any time within twelve months thereafter, be filed by the Attorney General, and the proceedings thereon shall be the same as if it had been filed by the solicitor.
Such information shall allege the seizure, and set forth in general terms the grounds of forfeiture of the seized property, and shall pray that the same be condemned and sold and the proceeds disposed of according to law, and that all persons concerned or interested be cited to appear and show cause why said property should not be condemned and sold to enforce the forfeiture.
The owner of and all persons in any manner then indebted or liable for the purchase price of said property, and any person having a lien thereon, if they be known to the solicitor who files said information, shall be made parties defendant thereto, and shall be served with the notice hereinafter provided for in the manner provided by law for serving a notice, at least ten days before the day therein specified for the hearing on said information, if they be residents of this State, and if they be unknown or non-residents, or cannot with reasonable diligence be found in this State, they shall be deemed sufficiently served by publication of said notice once a week for two successive weeks, in some newspaper published in such county, or if none be published therein, then in some newspaper having general circulation therein and shall send a notice by registered mail of such seizure to the last known address of the owner of such conveyance or vehicle.
(e) If the owner or lienor of the seized property shall desire to obtain possession thereof before the hearing on the information

TUESDAY, jANUARY 18, 1938.

1093

filed against the same, such property shall be appraised by the sheriff of the county where such information is filed.
The sheriff of the county in which the trial court is located shall promptly inspect and appraise said property, under oath, at its fair cash value, and forthwith make return thereof in writing, to the clerk's office of the court in which the proceedings are pending, upon the return of which the said owner or lienor may give a forthcoming bond, payable to the State, in an amount equal to double the appraised value of the vehicle, with security to be approved by the clerk. Upon the giving of the said bond, the said property shall be delivered to said owner or lienor.
(f) Any person claiming to be the owner of such seized property, or to hold a lien thereon, may appear at any time before final judgment of the trial court, and be made a party defendant to the information so filed, which appearance shall be by answer, under oath, in which shall be clearly set forth the nature of such defendant's claim, whether as owner or as lienor, and if as owner, the right or title by which he claims to be such owner, and if lienor, the amount and character of his lien, and the evidence thereof; and in either case, such owner shall set forth fully any reason or cause which such defendant may have to show against the forfeiture of said property.
(g) If such claimant shall deny that illegally acquired alcoholic beverages or alcoholic beverages being illegally transported in amounts in excess of one quart in such conveyance or vehicle at the time of the seizure thereof, and shall demand a trial by jury of the issue thus made, the court shall, under proper instructions, submit the same to a jury empaneled as prescribed by law, and if such jury shall find on said issue in favor of such claimant, or if the court trying such issue without a jury shall so find, the judgment of the court shall be to entirely relieve said property from forfeiture, and no costs shall be taxed against such claimant.
(h) If, on the other hand, the jury, or court trying the issue without a jury, shall find against the claimant, or if it be admitted by the claimant that said conveyance or vehicle at the time of seizure contained illegally acquired alcoholic beverages or alcoholic beverages being illegally transported in amounts in excess of

1094

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one quart, nevertheless, if it shall appear to the satisfaction of the court that such claimant, if he claims to be the owner, was the actual bona fide owner of said conveyance or vehicle at the time of the seizure, that he was ignorant of such illegal use thereof, and that such illegal use was without his connivance or consent, express or implied, and that such innocent owner has perfected his title to the conveyance or vehicle, if it be a motor vehicle, the court shall relieve said conveyance or vehicle from forfeiture and restore it to the innocent owner, and the costs of the proceedings shall be paid by the State as now provided by law.
Where it is shown to the satisfaction of the court that the conveyance or vehicle for the forfeiture of which proceedings have been instituted was stolen from the person in possession, relief shall be granted the owner or lienor, either or both, and the cost of the proceedings shall be paid by the State as now prOvided by law.

(i) If any such claimant be a lienor, and if it shall appear to the satisfaction of the court that the owner of the conveyance or vehicle has perfected his title to the conveyance or vehicle if it be a motor vehicle, prior to its seizure, or within ten days from the time same was acquired, and that such lienor was ignorant of the fact that such conveyance or vehicle was being used for illegal purposes, when it was so seized, that such illegal use was without such lienor's connivance or consent, express or implied, and that he hold a bona fide lien on said property and had perfected the same in the manner prescribed by law prior to such seizure, the court shall, by an order entered of record establish said lien, upon satisfactory proof of the amount thereof; and if, in the same prOceeding, it shall be determined that the owner of said seized property was himself in possession of the same, at the time it was seized, and that such illegal use was with his knowledge and consent, the forfeiture hereinbefore in this section declared, shall become final as to any and all interest and equity which the said owner, or any other person so illegally using the same, may have in such seized property, which forfeiture shall be entered of record. In the last mentioned event, if the lien established is equal or more than the value of the conveyance or vehicle, such conveyance or vehicle shall be delivered to the lienor, and the costs

TuEsDAY, jANUARY 18, 1938.

1095

of the proceedings shall be paid by the State as now provided by law; if the lien is less than the value of the conveyance or vehicle, the lienor may have the said conveyance or vehicle delivered to him upon the payment of the difference; should the lienor not demand delivery as aforesaid, an order shall be made for the sale of said property by the sheriff of the county in the manner prescribed by law, out of the proceeds of which sale shall be paid, first, the lien, and second, the costs; and the residue, if any, shall be paid to the Board.
(j) If, however, no valid lien is established against the seized property, and upon the trial of the information, it shall be determined that the owner thereof was himself using the same, at the time of the seizure, and that such illegal use was with his knowledge or consent, the said property shall be completely forfeited to the State, and an order shall be made for the sale of said property by the sheriff of the county, in the manner prescribed by law. Out of the proceeds of such sale shall be paid the costs, and the residue shall be paid to the Board.
(k) In every case, the alcoholic beverages so seized shall be deemed contraband as provided in section 26 of this Act and disposed of accordingly.
(1) In all cases, the actual expense incident to the custody of the seized property, and the expense incident to the sale thereof, including commissions, shall be taxed as costs.
(m) The provisions of this Act declaring what articles are contraband and subject to forfeiture to the State, do not apply to alcoholic beverages stored, kept, possessed or transported by permission of the Board or vehicles or conveyances used for the transportation of any such beverages.
Sec. 30. Illegal manufacture, a misdemeanor how person found at distillery may be punished.-
(a) Except as otherwise provided in Section 23 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, he shall be guilty of a misdemeanor.

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JouR:NAL OF THE HotJs~,

(b) Every person found at any distillery 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 if personally manufacturing the same.
Sec. 31. Illegal sale of alcoholic beverages.-lf any person who is not licensed under the provisions of this Act to sell alcoholic beverages in this State shall sell any alcoholic beverages other than permitted by the provisions of this Act, he shall be guilty of a misdemeanor.
Sec. 32. Sale of alcoholic beverages by administrators, executives, trustees, receivers, sheriffs, constables and other officers acting under authority of courts having jurisdiction in this State; how made and to whom.-The provisions of Section 31 of this Act shall not apply to any administrator, executor, trustee or receiver duly appointed to represent the estate of any person licensed to sell alcoholic beverages under the provisions of this Act provided such person so appointed sells such alcoholic beverages in accordance with the provisions of this section; and that, provided, further, that the provisions of Section 31 of this Act shall not apply to sales of alcoholic beverages belonging to persons licensed to sell the same, made by sheriffs, constables and other officers acting under authority of courts having jurisdiction in this State provided such sales of alcoholic beverages are made in accordance with the provisions of this section.
Sales of alcoholic beverages by any of the persons enumerated in this section shall be made upon permits issued by the Board and shall be made only to a person who is licensed to sell such alcoholic beverages in this State, or to persons outside of Georgia for resale outside of this State, 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.
Sec. 33. Illegal sale of alcoholic beverages by licensees; If any person who holds a license issued under the provisions of this Act,
(a) Shall sell alcoholic beverages to any person other than to those to whom such license or this Act authorizes him to sell, or

TuESDAY, jANUARY 18, 1938.

1097

(b) 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 license or this Act authorizes him to sell, or
(c) Shall sell any alcoholic beverage when forbidden by the provisions of this Act, or he shall be guilty of a misdemeanor.
Sec. 34.. Persons to whom alcoholic beverages may not be sold.-lf any person shall sell any alcoholic beverages to any person and at the time of such sale shall know or have reason to believe that the person to whom the sale is made is less than twenty-one years of age, or is intoxicated, he shall be guilty of a misdemeanor.
Sec. 35. Failing or refusing to obey subpoenas; hindering orderly conduct and decorum of meetings; misdemeanors.-1 any person shall fail or refuse to obey any subpoena issued by the Board or by any member, officer, or agent authorized to issue such subpoena, or shall hinder the orderly conduct and decorum of any hearing held and conducted by the Board, or by any member, officer, or agent of the Board authorized to hold and conduct such hearing, he shall be guilty of a misdemeanor. Any person violating any provision of this section may be prosecuted and punished in the county or city in which the hearing is held.
Sec. 36. Purchase of alcoholic beverages from person not authorized to sell same, a misdemeanor.-1 any person shall, in this State, buy alcoholic beverages from any person other than the Board, a State store or some person authorized under the provisions of this Act to sell the same, he shall be guilty of a misdemeanor.
Sec. 37. Having, possessing, keeping, carrying, shipping, and transporting alcoholic beverages illegally acquired, a misdemeanor.
If any person, other than a common carrier, shall have, possess, keep, carry, ship or transport alcoholic beverages which have been illegally acquired by such person or any person for whom he is acting, he shall be guilty of a misdemeanor.
Spirits in the possession of any person and in containers not bearing the required government stamps or seals shall be deemed prima facie evidence that such spirits were illegally acquired.

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Spirits in the possession of any person and in amounts in excess of one gallon, in containers not bearing stamps or other evidence showing the same to have been purchased from the Board or a druggist licensed to sell the same under the provisions of this Act, shall be deemed for the purposes of this Act to have been illegally acquired. Nothing in this section, however, shall be deemed applicable to any person who transports, ships, keeps or stores any alcoholic beverages in this State for the purpose of sale to the Board to meet their needed requirements.
Sec. 38. Keeping, possessing, or storing any still, or distilling apparatus, without a permit from the Board, a misdemeanor.-If any person shall keep, store or have in possession any still, or distilling apparatus, without a permit from the Board, he shall be guilty of a misdemeanor.
Sec. 39. Drinking alcoholic beverages in public place; how punished; exceptions.-
(a) If any person shall take a drink of alcoholic beverages or shall tender a drink of alcoholic beverages to another, whether accepted or not, at or in any public place, he shall be guilty of a misdemeanor.
(b) This section shall not prevent any person from drinking alcoholic beverages or offering a drink of alcoholic beverages to another in the dining room or other designated room as defined in Section 16 of this Act, of a hotel, restaurant, club or boat, or in a dining car, club car, or buffet car of 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 for consumption in such restaurant, hotel, dining room, or car such alcoholic beverages.
Sec. 40. Manufacturers not to sell, rent, lend or give to retail licenses or to owner of premises any money, equipment, furniture, fixtures or property; how violations punished; exceptions.-
(a) If any manufacturer of alcoholic beverages, whether licensed in this State or not, or any officer or director of any such manufacturer of alcoholic beverages whether licensed in this State or not, or any officer or director of any such manufacturer shall have any financial interest, direct or indirect, in the business

TuESDAY, jANUARY 18, 1938.

1099

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 any 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 issued 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.
(h) 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.
Sec. 41. Members, officers, agents and employees of Board forbidden to have interest in business dealing in alcoholic beverages; not to solicit or receive remuneration or gifts from persons selling alcoholic beverages; how punished.-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 syndicate, 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 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 commission, remuneration or gift from any such person or corporation in connection with the sale or offering for sale of alcoholic beverages to the Board other than for legal services, 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 anyone on behalf of any such member, officer, agent or employee, he shall be guilty 6f a misdemeanor.
Sec. 42. What deemed common nuisances; how persons pun-

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ished for maintaining, or for aiding and abetting or knowingly associating with others in maintaining same; bonds.-All houses, boat-houses, buildings, tents, club, fraternity and lodge rooms, boats, cars and places of every description including drug stores, where alcoholic beverages are manufactured, stored, sold, diSpensed, given away or used contrary to the provisions of this Act by any scheme, or device whatever, shall be held, taken and deemed common nuisances. Any person who shall maintain, or shall aid or abet or knowingly be associated with others in maintaining such common nuisances, shall be guilty of a misdemeanor, and in addition thereto, judgment may be given that such house, building, 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 .of not less than five hundred dollars and with security to be approved by the court, conditioned that the premises shall not be used for 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 43 of this Act.

Sec. 43. How premises where nuisances exist may be closed by injunction; how violation of injunction is punished.-The Board, duly authorized agents of the Board, the attorney-general or any solicitor-general of the State, or any citizen of the county, city, or town, where such nuisance as is defined in Section 42 of this Act exists, or is kept or maintained, 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 the same. The courts of equity shall have jurisdiction thereof, and in every case where the bill charges, on the knowledge or belief of complaint 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 in vacation. The injunction shall enjoin and restrain .the owners, tenants, their a.gents, employees, servants and any person connected with said house, building or other place named in this

TuESDAY, JANUARY 18, 1938.

1101

section, and all persons whomsoever from manufacturing, storing, selling, dispensing, giving away, or using alcoholic beverages in said house, building, boat-house, club-room, fraternity room, boat, tent, or other place named in this section, and shall also restrain all persons from removing any alcoholic beverages than on said premises until the further order of the Court. All rules of evidence and the practice and procedure that pertain to proceedings in equity generally in this State may be invoked and applied to any injunction proceeding hereunder. Upon the hearing in the cause, if it shall be satisfactorily shown to the court that the allegations of the bill are true, although the premises complained of may not then be unlawfully used, the injunction shall continue against such house, building or place for such period of time as the court may order, 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.
Sec. 44. Illegal importation, shipment and transportation of alcoholic beverages; how punished.
(a) No alcoholic beverages shall be imported, shipped, transported or brought into this State unless the same be consigned to, or brought in for sale 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 23 of this Act, for wholesale druggists, for druggists, or for hospitals, to be shipped or transported direct to such persons; provided that on orders or shipments of alcohol the Board shall charge no profit other than a reasonable permit fee to be fixed by the Board.
(b) 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 resale, alcohol beverages in an amount not to exceed one quart; 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.
Sec. 45. No action may be maintained to recover price of alcoholic beverages sold in violation of Act.-No action to re-

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JouRNAL OF THE HousE,

cover the purchase price of any alcoholic beverages sold in contravention of the provisions of this Act may be maintained.
Sec. 46. Act not to prohibit possession and use of alcoholic beverages in residences; licensed clubs allowed to keep alcoholic beverages for members of club, Act not to prohibit persons from soliciting and taking orders from Board. The provisions of this Act shall not be construed to prevent:
(a) Any person from keeping and possessing alcoholic beverages in his residence for the personal use of himself, his family, his servants or his guests, if such alcoholic beverages shall have been lawfully acquired by him, nor prevent such person, his family, or servants, from 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 of this Act;
(b) Any club licensed under the provisions of this Act from keeping for 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 of any provisions of this Act.
(c) Any person residing in Georgia or elsewhere, from SOliciting and taking orders from the Board for such alcoholic beverages;
Sec. 47. Certificate of chemist of Board or State chemist may be used as evidence; court may require chemist to appear.-The certificate of chemist employed by the Board, if it has one, if not, of the State chemist, when signed and sworn to by him, shall be evidence in all prosecutions for violations of this Act, and all controversies in any judicial proceedings touching the mixture analyzed by him; but on motion of the accused or any party in interest, the court may require the chemist making the analysis to appear as a witness and be subject to cross-examination pravided such motion is made within a reasonable time prior to the day on which the case is set for trial.
Sec. 48. Sale on school or college grounds prohibited; punishment.-No alcoholic beverages of any kind shall be sold upon any school ground or college campus, nor within one hundred yards of

TUESDAY, jANUARY 18, 1938.

1103

such ground or campus. A violation of this section shall be a misdemeanor.
Sec. 49. Punishment prescribed for violations of Act and for violations of regulations made by Board.-
(a) Any person convicted of a misdemeanor under the provisions of this Act, or convicted of violating any regulations made by the Board under the provisions of this Act, shall be punished by a fine not to exceed $1000.00, imprisonment not to exceed six months, to work in the chain-gang on the public roads, or on such other public works as the county or state authorities may employ the chain-gang, not to exceed twelve months; any one or more of these punishments in the discretion of the judge.
(b) The provisions of this Act shall not be construed to prevent the Board from cancelling the license of any person convicted of violating any provisions of this Act.

Sec. 50. Counties, cities and towns forbidden to pass or adopt ordinances or resolutions regulating or prohibiting the manufacture, possession, sale, etc., of alcoholic beverages; exceptions as to licenses.-No county, city or town shall, except as otherwise provided in Section 22 of this Act providing for the issuance of local licenses, pass or adopt any ordinance or resolution regulating or prohibiting the manufacture, possession, sale, distribution, handling, transportation, drinking, use, advertising or dispensing of alcoholic beverages in Georgia.

Sec. 51. Appropriation.-For the purpose of paying the salaries and remuneration of the members, officers, agents and employees of the Board, and all costs and expenses incurred by the Board in establishing and maintaining State stores, and in the administration of the provisions of this Act, there is hereby appropriated from funds in the State treasury not otherwise appropriated the sum of $250,000, or so much thereof as shall be necessary, to be paid out by the State Treasurer on warrants of the Comptroller issued on vouchers signed by the Secretary of the Board, and countersigned by the chairman, or other memher of the Board designated by the Board, or by some officer or agent of the Board authorized and designated by the Board for such purpose.

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In addition to the foregoing sum, there is hereby appropriated to the Board, should the Board determine to manufacture alcoholic beverages pursuant to the provisions of this Act, from funds in the State treasury not otherwise appropriated, the sum of $250,000.00 or so much thereof as may he necessary for the purpose of paying costs and expenses incurred by the Board in purchasing, leasing, building and operating the necessary plants and distilleries in manufacturing such alcoholic beverages.
Sec. 52. Constitutionality.-lf any part or parts, section, subsection, sentence, clause or phrase of this Act is for any reason declared unconstitutional, 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 part or parts, section, subsection, sentence, clause or phrase thereof eliminated.
Be it further enacted, by the authority aforesaid, that all laws and parts of laws in conflict with any of the terms or provisions of this Act, be and the same are hereby repealed.
The following amendments to the Lanham substitute to House Bill No. 196 were read and adopted:
Messrs. Candler, Sams, and Turner of DeKalb move to amend the Lanham substitute for House Bill No. 196 by adding the following provision at the proper place and in the caption of said bill:
Provided that the provisions of this Act shall not apply to counties having a population of 70,000 to 71,000 according to the United States Census of 1930 nor shall any future census change the status of any county coming within this exemption.
Mr. Lanham of Floyd moves to amend the Lanham substitute for House Bill No. 196 by striking from Section 16 of said substitute, all of subsection (i) thereof, as well as all references to retail licenses in said substitute.
Mr. Lanham of Floyd amends the Lanham substitute for House Bill No. 196 by adding a new section to be numbered Section 54 and to read as follows:

TuESDAY, jANUARY 18, 1938.

1105

Sec. 54. All profits accruing under the provisions of this Act except license taxes, which go to the common schools of the State, are hereby allocated as follows: one-half to the eleemosynary institutions of the State to be used in the erection of buildings and making improvements. The other one-half to the various counties of the State share and share alike to be used in building and maintaining roads, bridges, and the Superior Courts and for supporting the convicts.

On the question of adopting the Lanham substitute, as amended, Mr. Jones of Brantley 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.:

Allison

Fitts

Bargeron

Gary

Barlow

Goff

Barnard

Gross

Blease

Groover

Booth

GuYton

Bradley

Harden

Brown of Peach

Harris

Carmichael of Randolph Harrison

Chappell

Herndon

Olark

Hill of Screven

Clements

Hogg

Cochran

Hollis

Cogdell

Houston

Coleman

Houze

Corbett Coxon

.Jackson
.rones of Dodge

Culpepper of Fayette .Tones of .Jenkins

Dampier

Keel

Daves

Lanham

DaVis

Lewallen

Deal

Lewis

Dean

MaVity

Drinkard

McCravey

Dukes

Middleton

Erwin

Milam

Etheridge

Moore of Baldwin

Evans

Moore of Taliaferro

Field

Morgan

Morris Moss Newton Palmour Parker Peters Pound Rawlins Rees Reid of Carroll Rowland Sanders Sartain Saunders Scruggs Simmons Sutton Tate Todd Trapnell Trippe VickerY Wall Walton Ware Warnock Watkins Williams of .Tones Zellner

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Those voting in the negative were Messrs.:

Adams Almand Ansley Barrett Bennett Brewton Bridges Brooks of Jackson Brooks of Oglethorpe Brown of Greene Campbell Candler Carmichael of Cobb Clary
Claxton Cohen Culpepper of Mitchell DeFoor Dollar Douglass Drake Dugas Dunn Durden Edwards Ellington Elliott Ennis Ferguson Flanders Fowler Freeman Gammage Grayson Grubbs

Hamby Hampton Hand Harrell of Brooks Harrell of Irwin Hart Harvey Hastings Hayes Hendrix Herrin Hill of Clarke Hodges Holt Horne Joel Johnson Jones of Bartow Jones of Brantley Jones of Elbert Kendrick Key
Kirbo Lanier Larsen Leonard Mankin Manry Marshall Martin McCracken McGehee McGraw McNall Miller

Moore of Haralson Moore of Lumpkin Mundy Musgrove Newby Perry Phillips Pilcher Pirkle Preston of Bulloch Preston of Walton Ragan Reid of Wilcox Rountree Sabados Salter Sams Sapp Smith of Muscogee Spence Striplin Swindle Tapp Taunton Thomas Turner Warnell Weaver Whaley Whipple Whitaker Williams of Bacon Wilson Yeomans

Those not voting were Messrs.:

Batchelor Beck Bond Croker Daughtry

Gavin Oden Patten Peebles Smith of Dodge

Smith of Henry Wages Welsch Mr. Speaker

The roll call was verified.

On the adoption of the Lanham substitute, as amended, the ayes were 87, the nays 104.

TuESDAY, jANUARY 18, 1938.

1107

The substitute offered by Mr. Lanham of Floyd was lost.
Mr. Lanham of Floyd moved that the House reconsider its action in failing to adopt the Lanham substitute, as amended.
On the motion to reconsider the action of the House in failing to adopt the Lanham substitute, as amended, the ayes were 67, the nays 104.
The motion to reconsider was lost.
By unanimous consent, the committee substitute to House Bill No. 196, 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.
On 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
Ansle~
Bargeron Bennett Booth Brewton Brown of Greene Carmichael of Cobb Chappell Clark Olaxton Cogdell Cohen Coleman Corbett Coxon Culpepper of Mitchell Dampier Deal Dean DeFoor Dollar Drake Dugas
Dunn Durden

Edwards Ellington Elliott Etheridge Flanders Fowler Freeman Gammage
~
Gavin Grayson Gross Grubbs Hamby Hampton Hand Harrell of Brooks Harrell of Irwin Harvey Hastings Hayes Herrin Hill of Olarke Hodges Holt Home

Houston Joel Johnson Jones of Bartow Jones of Brantley Jones of Elbert Jones of Jenkins Keel Kendrick
Ke~
Kirbo Lanier Larsen Leonard Lewis Mankin Manry
Martin McGehee McGraw McNall Miller Moore of Haralson Musgrove
Newb~
Oden

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Perry Phillips Pirkle Preston of Bulloch Preston of Walton Rawlins Rountree Sabados Salter

Sapp Simmons Smith of Hennr Smith of Muscogee Spence Swindle Tate Thomas

Trapnell Turner Wall Warnell Whitaker Williams of Bacon Wilson Yeomans

Those voting in the negative were Messrs.:

Adams

Goff

Allison

Groover

Barlow

GuYton

Barnard

Harden

Batchelor

Harris

Beck

Harrison

Blease

Hart

Bradley

Hendrix

Bridges

Herndon

Brooks of Jackson

Hill of Screven

Brooks of Oglethorpe Hogg

Brown of Peach

Hollis

Campbell

Jackson

Candler

Jones of Dodge

Carmichael of Randolph Lanham

Clary

Lewallen

Clements

Marshall

Cochran

Mavity

Croker

McCracken

Culpepper of Fayette McCravey

Daves

Middleton

Davis

Milam

Douglass

Moore of Baldwin

Drinkard

Moore of Lumpkin

Dukes

Moore of Taliaferro

Ennis

Morgan

Erwin

Morris

Evans

Moss

Ferguson

Mundy

Field

Newton

Fitts

Palmour Parker Peters Pilcher Pound Rees Reid of Carroll Reid of Wilcox Rowland Sams Sanders Sartain Scruggs Striplin Sutton Tapp
Taunton Todd Trippe Vickery Walton Ware Warnock Watkins Weaver Welsch Whaley Whipple Williams of Jones Zellner

Those not voting were Messrs.:

Barrett Bond Daughtry
Houze

Patten Peebles Ragan Saunders

Smith of Dodge Wages Mr. Speaker

TuEsDAY, jANUARY 18, 1938.

1109

The roll call was verified.
On the passage of the bill, by substitute, as amended, the ayes were 103, the nays 91.
The bill having received the requisite constitutional majority was passed, by substitute, as amended.
Mr. Carmichael of Cobb moved that the bill be immediately transmitted to the Senate.
On the motion to immediately transmit, the ayes were 98, the nays 25.
The motion having received the requisite twa-thirds majority prevailed, and the bill was ordered immediately transmitted to the Senate.
Mr. Sutton of Wilkes moved that the House do now adjourn until 9:30 o'clock tomorrow morning, and the motion prevailed.
Leave of absence was granted to Mr. Tate of Pickens.
The Speaker announced the House adjourned until tomorrow morning at 9:30 o'clock.

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REPRESENTATIVE HALL, ATLANTA, GA.,

WEDNESDAY, JANUARY 19, 1938.

The House met, pursuant to adjournment, this day at 9:30 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

Croker

Allison

Culpepper of Fayette

Almand

Dampier

Ansley

Daves

Bargeron

Davis

Barlow

Deal

Barnard

Dean

Barrett

DeFoor

Batchelor

Dollar

Beck

Douglass

Bennett

Drake

Blease

Drinkard

Bond

Dugas

Booth

Dukes

Bradley

Dunn

Brewton

Durden

Bridges

Elliott

Brooks of Jackson

Ennis

Brooks of Oglethorpe Etheridge

Brown of Greene

Evans

Brown of Peach

Ferguson

Campbell

Field

Candler

Fitts

Carmichael of Cobb

Flanders

Carmichael of Randolph Fowler

Clark

Freeman

Clary

Gammage

Claxton

Gary

Clements

Gavin

Cochran

Goff

Cogdell

Grayson

Cohen

Gross

Coleman

Grubbs

Corbett

Guyton

Coxon

Hamby

Hampton Hand Harden Harrell of Brooks Harrell of Irwin Harris Harrison Hart Harvey Hastings Hayes Hendrix Herndon Herrin Hill of Clarke Hill of Screven Hodges Hogg Hollis Holt Home Houston Houze Jackson Joel Johnson Jones of Bartow Jones of Dodge Jones of Elbert Jones of Jenkins Keel Kendrick Key
Kirbo Lanham

WEDNESDAY, JANUARY 19, 1938.

1111

Lanier Larsen Lewallen Lewis Mankin Manry
Marshall Martin Mavity
McCracken McCravey McGehee McGraw McNall Middleton Milam Miller Moore of Baldwin Moore of Haralson Moore of Lumpkin Moore of Taliaferro Morgan Morris Mundy

Musgrove Newby Newton Oden Perry Peters Pilcher Pound Preston of Walton Rees Reid of Carroll Reid of Wilcox Rountree Rowland Sabados Salter Sams Sanders Sapp Sartain Saunders Scruggs Simmons Smith of Henry

Sutton Swindle Todd Thomas Trapnell Trippe Vickery Wall Walton ware Warnell Warnock Watkins Weaver Welsch Whaley Whipple Whitaker Williams of Bacon Williams of Jones Wilson Yeomans Zellner Mr. Speaker

Mr. Hill of Screven, 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 bills and resolutions.

1112

JouRNAL oF THE HousE,

5. First reading and reference of Senate bills and resolutions.
By unanimous consent, the following bills and resolution were introduced, read the first time, and referred to the committees:
By Messrs. Drake of Seminole and Hayes of Miller-
House Bill No. 481. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding a certain road in Seminole and Miller Counties, and for other purposes.
Referred to Committee on Public Highways No. 1.
By Mr. Swindle of Berrien-
House Bill No. 482. A bill to be entitled an Act to amend the charter of the City of Nashville, in the County of Berrien, and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Gross of Stephens, Coleman of Lowndes, Harris of Richmond, Lanham of Floyd, Lewis of Burke, Clark of Catoosa, Jones of Bartow, and McNall of Chatham-
House Bill No. 483. A bill to be entitled an Act to amend an Act approved March 23, 1935, entitled "An Act to provide for license and excise taxes upon the business of dealing in malt beverages; to allocate funds derived from such taxes"; and for other purposes.
Referred to Committee on Ways and Means.
By Messrs. Davis, Lanham, and Keel of FloydHouse Bill No. 484. A bill to be entitled an Act to authorize
the boards of education of all counties in the State of Georgia having a population of not less than 48,666 and not more than 48,668, to create a retirement or pension fund out of which to pay retirement or pensions to teachers and other employees of such boards of education, and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Dugas of White and Jackson of HabershamHouse Bill No. 485. A bill to be entitled an Act to amend an

WEDNESOAY, jANUARY 19, 1938.

1113

Act entitled "Highway Mileage," by adding additional mileage in White and Habersham Counties, and for other purposes.
Referred to Committee on Public Highways No.2.
By Messrs. Booth of Barrow, Brooks of Jackson, Fitts of Madison, and Joel of Clarke-
House Resolution No. 132-485a. A resolution to pay tribute and honor to one of Georgia's noblest sons, by naming the highway beginning at Jefferson, Jackson County, Georgia, and ending at Athens, Clarke County, Georgia, in honor of Crawford W. Long, and for other purposes.
Referred to Committee on Public Highways No.2.
By Mr. Whitaker of Clayton-
House Bill No. 486. A bill to be entitled an Act to amend an Act approved July 1, 1910, known as the Act to create a Board of Commissioners of Roads and Revenues for Clayton County, and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Sams and Candler of DeKalb-
House Bill No. 487. A hill to be entitled an Act to provide for the priorities of taxes and executions issued for any and all taxes, other than ad valorem taxes, that may be due the State or any subdivision thereof, and for other purposes.
Referred to Committee on Special Judiciary.
Mr. Larsen of Laurens County, Chairman of the Committee on Amendments to the Constitution No. 2, submitted the following report:
Mr. Speaker:
Your Committee on Amendments to the Constitution 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. 477. Do pass.
Respectfully submitted,
LARSEN of Laurens, Chairman.

1114

JOURNAL OF THE HousE,

Mr. Sartain of Walker County, Chairman of the Committee on Engrossing, submitted the following report:
Mr. Speaker:
Your Committee on Engrossing has examined, found properly engrossed, and ready for transmission to the Senate, the following bills of the House, to-wit:
House Bills Nos. 196 and 462.
Respectfully submitted, SARTAIN of Walker, Chairman.
Mr. Groover of Troup County, Chairman of the Committee on Enrolling, submitted the following report: Mr. Speaker:
Your Committee on Enrolling has examined, found properly enrolled, and ready for transmission to the Governor, the following bill of the House, to-wit:
House Bill No. 425. Respectfully submitted, GROOVER of Troup, Chairman.
Mr. Freeman of Bibb 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 Senate and have instructed me, as Chairman, to report the same back to the House with the following recommendations:
House Bill No. 388. Do not pass. House Bill No. 475. Do pass. House Bill No. 142. Do not pass. Senate Bill No. 91. Do pass. Senate Bill No. 102. Do pass, by substitute.
Respectfully submitted, FREEMAN of Bibb, Chairman.

WEDNESDAY, }ANUARY 19, 1938.

1115

By unanimous consent, the following bills of the House and Senate, favorably reported, were read the second time:
By Senator Pope of the 7th District-
Senate Bill No. 91. A bill to be entitled an Act to amend the income tax laws with reference to dividends received by corporations from other corporations, and for other purposes.
By Senator Pope of the 7th District-
Senate Bill No. 102. A bill to be entitled an Act to amend the intangible tax act, and for other purposes.
By Mr. Key of Jasper-
House Bill No. 475. A bill to be entitled an Act to fix the taxable situs of intangible trust property, and for other purposes.
By Mr. Field of Whitfield-
House Bill No. 477. A bill to be entitled an Act to amend an Act relating to the amending of charters for municipalities having a certain population, 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 Messrs. Palmour and Phillips of Hall-
House Bill No. 459. A bill to be entitled an Act to amend an Act to clarify the name of a certain School District in Hall 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 104, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Lanier, Harris, and Barrett of Richmond-
House Bill No. 468. A bill to be entitled an Act to amend an Act to authorize the City Council of Augusta to create a Board of Health, and for other purposes.

1116

JouRNAL oF THE HousE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Senator Spivey of the 16th DistrictSenate Bill No. 101. A bill to be entitled an Act to reduce the
bond of the Sheriff of Emanuel County, from the amount of $10,000.00 to $3,500.00, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, the nays 0.
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,
as amended, the following bill of the House, to-wit:
By Messrs. Cogdell of Glynn and Hodges of LibertyHouse Bill No. 305. A bill granting the counties of Chatham,
Bryan, Liberty, Mcintosh, and Camden authority to regulate and enforce zoning laws on State Highway Systems, 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 and resolution of the House, to-wit:
By Messrs. Kendrick and Hastings and Mrs. Mankin of FultonHouse Bill No. 408. A bill amending an Act establishing a
new charter for the City of Atlanta, and for other purposes.

WEDNESDAY, jANUARY 19, 1938.

1117

By Messrs. Houston and Perry of Worth-
House Resolution No. 47. A resolution relieving A. T. Simerley of judgment recorded on records of Worth County.
The following resolution was read the first time and referred to the Committee on Rules:
By Mr. Booth of Barrow-
House Resolution No. 133.
A RESOLUTION
Whereas, House Rule No. 112 provides that motion for reconsideration shall be in order only immediately after the order of unanimous consent on the day succeeding the action sought to be reconsidered, and,
Whereas, the rule is not fair in any manner whatsoever, therefore be it resolved by the House that House Rule No. 112 be stricken in its entirety and a new rule adopted to read as follows:
House Rule No. 112. Motions for reconsideration shall be in order at any time on any day succeeding the action sought to be reconsidered.
The following bill of the House was taken up for the purpose of considering the Senate amendment thereto:
By Messrs. Cogdell of Glynn and Hodges of Liberty-
House Bill No. 305. A bill to be entitled an Act granting to the Commissioners of Roads and Revenue of certain counties, authority to adopt and regulate zoning laws along the highways, and for other purposes.
The following Senate amendment to House Bill No. 305 was read:
By the Senate-
The Senate moves to amend House Bill No. 305, as follows:
First, by striking from said bill and the caption thereof, wherever they appear, the names "Mcintosh," and "Camden"; and

1118

JOURNAL oF THE HousE,

Second, by striking the words "one-half mile" wherever it appears in said bill and insert in lieu thereof the figures "two hundred feet."
On the question of agreeing to the Senate amendment to House Bill No. 305, the ayes were 109, the nays 0.
The Senate amendment to House Bill No. 305 was agreed to.
The following report of the Special Committee appointed by virtue of House Resolution No. 38 to investigate the passage of House Bill No. 14 at the 1937 Session of the General Assembly was read:
The Special Committee appointed by resolution of this House to investigate the passage of House Bill No. 14 submits the following report:
There is attached hereto, marked Exhibit "A," a transcript of the testimony of all witnesses who appeared before this committee, with the exception of the Speaker of this House, the Chairman of the Highway Board, and Mrs. Mankin, one of the representatives from Fulton.
Reference is made to this testimony to such persons as may be interested.
The evidence has disclosed among other things the following facts:
(1) Fees, totaling $3,500.00, were paid by citizens of Atlanta, to attorneys, for preparing this bill-and for other services, the nature of which appears to have been indefinite.
(2) The Fulton delegation appears to have been entirely unaware of any fees having been paid in connection with the matter until long after the passage of the bill. Each and every member of the delegation from Fulton was disclosed to be entirely innocent of the receipt of any money in connection with the passage of the bill or of any knowledge of the use of moneyuntil after its passage.
(3) The bill as passed (House Bill No. 14) is mandatory in its provisions and was so considered by the parties who prepared

WEDNESDAY, JANUARY 19, 1938.

1119

the hill, and pushed its introduction. The Fulton delegation did not understand the provisions of the hill to he mandatory. The hill appears to have passed the House as a "local hill" for Fulton County. The Fulton delegation, the Speaker, and no member of the House, so far as known, had any knowledge of the mandatory nature of the hill-the hill was passed at a night session when local hills were up for passage, and occupied such a position on the calendar of the House as to allay the suspicions of any member as to its provisions and to lull the House and the Speaker into no inquiry as to the nature of the hill. It could not he ascertained how, or in what manner, the bill came to occupy the place on the calendar which it did occupy.

(4) Neither the Fulton County Commissioners nor the State Highway Board has agreed to pay for the necessary rights of way, the cost of which is estimated at various figures between $180,000 and $750,000. A condemnation suit for the rights of way is now proceeding against the property owners involved in the name of the State Highway Board, and although the State Highway Board, and its counsel, do not consider that the State may he forced to respond to any judgment the property owners may obtain, there is a question as to whether or not the State Highway Board will he forced to pay the expenses for this right of way, unless the present Act (House Bill No. 14) is either repealed or amended.

It is the recommendation of this committee that:

(1) All committees to which local or permissive Highway bills he referred shall in the future examine each hill so that its contents may he known to said committees before they are submitted to the House with recommendation for passage.

(2) We deplore and condemn the practice, which is apparent, that attorneys sometimes use in order to obtain large fees from clients, of directly and indirectly suggesting that part of the large fee is to he used in improperly influencing legislation. Such representations are based on a desire to defraud clients and unjustly

1120

JouRNAL or THE HousE,

reflects on the honor and integrity of the members of the General Assembly.
Respectfully submitted,
BROWN of Peach,
CANDLER of DeKalb,
EvANS of McDuffie,
GuYTON of Effingham,
HARVEY of Upson,
JoEL of Clarke,
MUNDY of Polk,
SANDERS of Coweta,
SurroN of Wilkes.
The undersigned members of the Special Committee appointed by the House to investigate the circumstances surrounding the passage of House Bill No. 14 at the last regular session submit the following recommendations in addition to those recommended by the entire committee in the main report, to-wit:
1st. We believe that the passage of House Bill No. 14 was effected mainly because it was brought up at a night session and was thought by the entire membership to be a local bill, because it was at the head of a calendar followed by many local measures, or general bills with local application. We believe that night sessions are not conducive to well-considered legislation, and that more harm results from legislation passed at a night session, under the guise of saving time, than at any other sessions. We recommend that no further night sessions be held.
2nd. We find that there is no contract in existence between Fulton County and the State Highway Department to protect the State in paying for this very expensive project, and we further find, that under this bill, the State Highway Department is bound to pay for the right of way in extending Broad Street in the City of Atlanta, and all expenses. We therefore recommend that this bill be repealed, in order to protect the

WEDNESDAY, jANUARY 19, 1938.

1121

State Highway Department from incurring an expense of between $180,000.00 and $750,000.00.
Respectfully submitted,
BROWN of Peach,
GuYTON of Effingham,
EvANS of McDuffie,
JoEL of Clarke. The following message was received from the Senate through Mr. Hammond, the Secretary thereof: Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the House, to-wit:
By Mr. Spence of Ware-
House Bill No. 425. A bill repealing the Act providing a new charter for the Town of Waresboro, and for other purposes.
Mr. Marshall of Macon arose to a question of personal privilege and addressed the House.
The following resolution of the House was read:
By Messrs. Zellner of Monroe, Hogg of Marion, and Evans of McDuffie-
Hause Resolution No. 134.

A RESOLUTION
Be it resolved that in order to honor the memory of that greatest soldier of all time, Robert Edward Lee, this House stand adjourned at 12:00 o'clock noon today until Thursday morning at 9:30A.M.
On the adoption of the resolution, Mr. Sutton of Wilkes moved the ayes and nays, and the call was sustained.
Mr. Zellner of Monroe moved that the House do now adjourn until tomorrow morning at 9:30 o'clock.

1122

JouRNAL OF THE HousE,

On the motion to adjourn until 9:30 o'clock tomorrow morn-
ing, Mr. Ennis of Baldwin moved the ayes and nays, and the call was sustained.

Mr. Clary of Columbia moved that the House do now adjourn.

On the motion to adjourn, Mr. Sahados of Dougherty moved the ayes and nays, and the call was sustained.

On the motion to adjourn, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Bargeron

Claxton

Barrett

Cogdell

Booth

Croker

Bridges

Elliott

Carmichael of Randolph Evans

Clark

Gary

Gavin

Goff Grubbs Hendrix Home Sanders Smith of Henry Watkins

Those voting in the negative were Messrs.:

Adams Almand Barlow Batchelor Bennett Blease Bradley
Brewton Brooks of Jackson Brooks of Oglethorpe Brown of Greene Brown of Peach Candler Carmichael of Cobb Clements Cohen Corbett Coxon Culpepper of Fayette Dampier Daves Davis Deal Dean DeFoor

Dollar Douglass Drake Drinkard Dugas
Dukes Dunn Durden Ennis Etheridge Ferguson Field Fitts Flanders Fowler Freeman Gammage Grayson Gross Guyton Hamby Hampton Hand Harden Harrell of Brooks

Harrell of Irwin Harris Harrison Hart Harvey Hastings Hayes
Herndon Herrin Hodges Hogg
Hollis Holt Houze Jackson Jones of Bartow Jones of Dodge Jones of Elbert Jones of Jenkins Kendrick Key
Kirbo Lanier Larsen Lewallen

WEDNESDAY, JANUARY 19, 1938.

1123

Lewis Mankin Manry Marshall McCracken McCravey McGehee McNall Middleton Milam Miller Moore of Haralson Moore of Lumpkin Moore of Taliaferro Morgan Mundy Newby Newton Oden

Perry Peters Pilcher Pound Preston of Walton Rees Reid of Carroll Reid of Wilcox Rountree Rowland Sabados Salter Sapp Sartain Saunders Scruggs Simmons Sutton

Swindle Todd Trippe Vickery Walton Ware Warnell Warnock Weaver Welsch Whaley Whipple Whitaker Williams of Bacon Williams of Jones Wilson Yeomans Zellner

Those not voting were Messrs.:

Allison Ansley Barnard Beck Bond Campbell Chappell Cochran Coleman Culpepper of Mitchell Daughtry Edwards Ellington Erwin Groover Hill of Clarke Hill of Screven Houston

Joel Johnson Jones of Brantley Keel Lanham Leonard Martin MavitY McGraw Moore of Baldwin Morris Moss Musgrove Palmour Parker Patten Peebles Phillips

Pirkle Preston of Bulloch Ragan Rawlins Sams Smith of Dodge Smith of Muscogee Spence Striplin Tapp Tate Taunton Thomas Trapnell Turner Wall Wages Mr. Speaker

The roll call was verified.

On the motion to adjourn, the ayes were 21, the nays 130.

The motion to adjourn was lost.

On the motion to adjourn until 9:30 o'clock tomorrow morning, the roll call was ordered, and the vote was as follows:

1124

JouRNAL oF THE HousE,

Those voting in the affirmative were Messrs.:

Croker Dampier Elliott Evans

Grubbs Harrell of Brooks Hendrix Home

Joel Milam Smith of Henry Watkins

Those voting in the negative were Messrs.:

Adams Almand Ansley Bargeron Barlow Barnard Batchelor Bennett Blease Booth Bradley Brewton Bridges Brooks of Jackson Brooks of Oglethorpe Brown of Greene Brown of Peach Candler Carmichael of Cobb Clark Clary Claxton Clements Cochran Cogdell Cohen Coleman Corbett Coxon Culpepper of Fayette Daves Davis Deal Dean DeFoor Dollar Douglass Drake Drinkard Dugas

Dukes Dunn Durden Ennis Etheridge Ferguson Field Fitts Flanders Fowler Freeman Gammage
Gary
Grayson Gross Guyton Hamby Hand Harden Harrell of Irwin Harris Harrison
Hart Harvey Hastings Hayes Herndon Herrin Hodges Hogg Hollis Holt Houston Houze Johnson Jones of Bartow Jones of Dodge Jones of Elbert Jones of Jenkins Keel

Kendrick Key Kirbo Lanier Larsen Lewallen Lewis Mankin Marshall Martin McCracken McCravey McGehee McNall Middleton Miller Moore of Haralson Moore of Lumpkin Moore of Taliaferro Morgan Morris Moss Mundy Newby Newton Oden Parker Perry Peters Pilcher Pirkle Pound Preston of Walton Rees Reid of Carroll Reid of Wilcox Rountree Rowland Sabados Salter

WEDNESDAY, jANUARY 19, 1938.

1125

Sams Sanders Sapp Sartain Saunders Scruggs Simmons Striplin Sutton Swindle

Todd Thomas Trapnell Trippe Vickery Wall Walton Ware Warnell Warnock

Weaver Welsch Whaley Whipple Whitaker Williams of Bacon Williams of Jones Wilson Yeomans Zellner

Those not voting were Messrs.:

Allison

Hampton

Barrett

Hill of Clarke

Beck

Hill of Screven

Bond

Jackson

Campbell

Jones of Brantle;v

Carmichael of Randolph Lanham

Chappell

Leonard

Culpepper of Mitchell Manry

Daughtry

MavitY

Edwards

McGraw

Ellington

Moore of Baldwin

Erwin

Musgrove

Gavin

Palmour

Goff

Patten

Groover

Peebles Phillips Preston of Bulloch Ragan Rawlins Smith of Dodge Smith of Muscogee Spence Tapp Tate Taunton Turner Wages Mr. Speaker

The roll call was verified.

On the motion to adjourn until 9:30 o'clock tomorrow morning, the ayes were 12, the nays 150.

The motion to adjourn until 9:30 o'clock tomorrow morning was lost.

Mr. Hayes of Miller moved that the resolution be tabled.

On the motion to table, the ayes were 62, the nays 46.

The resolution was tabled.

Mr. Zellner of Monroe moved that at 1:30 o'clock today, the House stand adjourned until 9 :30 o'clock tomorrow morning, in respect to the memory of General Robert E. Lee, and the motion prevailed.

1126

JouRNAL oF THE HousE,

The following resolution of the House was read the first time and referred to the Committee on Rules:
By Messrs. Grayson of Chatham and Gross of Stephens-
House Resolution No. 135.
A RESOLUTION
Be it resolved by the House of Representatives that the rule of the House adopted December 14, 1937 and incorporated in the proceedings of the House as Resolution No. 9-13c, which reads as follows be and the same is hereby repealed:
"In order to adopt a Senate amendment to a House bill or resolution, and in order to adopt a report of a conference committee, the said amendment or conference committee report must receive a majority vote of the entire membership elected to the House of Representatives. Any rule contravening the letter or spirit of this rule is hereby repealed."
Be it further resolred that after the adoption of this resolution the rule to apply on the adoption of conference committee reports and on the adoption of Senate amendments to House bills and resolutions shall be the rule formerly in force in the House of Representatives prior to the adoption of the resolution known as No. 9-13c, adopted December 14, 1937.
Under the order of business established by the Committee on Rules, the following bill of the House was taken up for consideration and read the third time:
By Messrs. Thomas of Chattooga and Claxton of Camden-
. House Bill No. 152. A bill to be entitled an Act to create a State Racing Commission, and for other purposes.
Mr. Pound of Hancock moved that the bill be tabled, and the motion was lost.
Leave of absence was granted to Mr. Preston of Bulloch.
The hour of adjournment having arrived by virtue of a motion previously adopted to that effect, the Speaker announced the House adjourned until 9:30 o'clock tomorrow morning, and House Bill No. 152 went over until that time under the order of unfinished business.

THURSDAY, JANUARY 20, 1938.

REPRESENTATIVE HALL, ATLANTA, GA.,

THURSDAY, JANUARY 20, 1938.

The House met, pursuant to adjournment, this day at 9:30 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

Coxon

Allison

Croker

Almand

Culpepper of Fayette

Ansley

Dampier

Bargeron

Daves

Barlow

Davis

Barnard

Deal

Barrett

Dean

Batchelor

DeFoor

Beck

Dollar

Bennett

Douglass

Blease

Drake

Bond

Drinkard

Booth

Dugas

Bradley

Dukes

Brewton

Dunn

Bridges

Durden

Brooks of Jackson

Edwards

Brooks of Oglethorpe Elliott

Brown of Greene

Ennis

Brown of Peach

Erwin

Campbell

Etheridge

Candler

Evans

Carmichael of Cobb

Ferguson

Carmichael of Randolph Field

Chappell

Fitts

Olark

Flanders

Clary

Fowler

Claxton

Freeman

Olements

Gammage

Cochran

Gary

Cogdell

Gavin

Cohen

Goff

Coleman

Grayson

Corbett

Gross

Grubbs GUYton Hamby Hampton Hand Harden Harrell of Brooks Harrell of Irwin Harris Harrison Hart Harvey Hastings Hayes Hendrix Herndon Herrin Hill of Olarke Hill of Screven Hodges Hogg Hollis Holt Horne Houston Houze Jackson Joel Johnson Jones of Bartow Jones of Brantley Jones of Dodge Jones of Elbert Jones of Jenkins Keel

1128

JoURNAL OF THE HousE,

Kendrick Key
Kirbo Lanham Lanier Larsen Leonard Lewallen Lewis Mankin Manry
Marshall Martin Mavity McCracken McCravey McGehee McGraw McNall Milam Miller Moore of Baldwin Moore of Haralson Moore of Lumpkin Moore of Taliaferro Morgan Morris Mundy Musgrove Newby

Newton Oden Palmour Parker Perry Peters Phillips Pilcher Pirkle Pound Preston of Walton Ragan Rawlins Rees Reid of Ol!.'rroll Reid of Wilcox Rountree Rowland Sabados Salter Sams Sanders Sapp Sartain Saunders Scruggs Simmons Smith of Dodge Smith of Henry Smith of Muscogee

Striplin Sutton Swindle Tapp Tate Taunton Todd Thomas Trapnell Trippe Turner Vickery Wall Walton Ware Warnell Warnock Watkins Weaver Welsch Whaley Whipple Whitaker Williams of Bacon Williams of Jones Wilson Yeomans Zellner Mr. Speaker

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 House, to-wit:

By Mr. Larsen of Laurens-

House Bill No. 15. A bill to amend an Act abolishing the fee system in the Superior Court of Dublin Judicial Circuit, and for other purposes.

By Messrs. Smith and Jones of Dodge-

House Bill No. 338. A bill amending the Act creating a new

THURSDAY, jANUARY 20, 1938.

1129

charter for the City of Eastman, so as to authorize zonmg ordinances, and for other purposes.
By Mr. Whipple of Bleckley-
House Bill No. 397. A bill amending the Act creating a new charter for the City of Cochran, and for other purposes.
By Mrs. Mankin, Messrs. Kendrick and Hastings of Fulton, and others-
House Resolution No. 130. A resolution memorializing the Postmaster General of the United States to establish an air mail route from Atlanta, Georgia, to Tampa, Florida, via Tallahassee, Florida, and for other purposes.
By Messrs. Carmichael of Cobb and Grayson of Chatham-
House Resolution No. 128. A resolution commending Mr. Jim Downing and the management of the Warren Arena for their co-aperation with the State Athletic Commission in the development of the athletic and recreational activities in Atlanta and throughout the State.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House amendments to the following bill of the Senate:
By Senator Allen of the 31st District-
Senate Bill No. 86. To be entitled an Act authorizing the City of Toccoa to enact zoning laws, and for other purpos~s.
The Senate has disagreed to the House amendment to the following bill of the Senate:
By Senators Pope of the 7th District, Atkinson of the 1st District, Allen of the 31st District, and Almand of the 50th District-
Senate Bill No. 28. A bill to be entitled an Act authorizing the chartering and empowering of corporations, and amending, revising and perfecting the present corporation laws of the State of Georgia, and for other purposes.

JOURNAL oF THE HousE,
Mr. Harrell of Brooks, Acting Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
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 bills and resolutions.
5. First reading and reference of Senate bills and resolutions.
By unanimous consent, the following bills were introduced, read the first time, and referred to the committees:
By Mr. Whipple of BleckleyHouse Bill No. 488. A bill to be entitled an Act to empower
and direct the Governor of the State of Georgia, in certain instances, to remove solicitors general of the State from office, and for other purposes.
Referred to Committee on State of Republic.
By Mr. Adams of FranklinHouse Bill No. 489. A bill to be entitled an Act to amend
an Act entitled "Highway Mileage," by adding a certain road in Franklin County, and for other purposes.
Referred to Committee on Public Highways No.2.
By Messrs. Hogg of Marion and Taunton of TaylorHouse Bill No. 490. A bill to be entitled an Act to amend

THURSDAY, JANUARY 20, 1938.

1131

the Highway Mileage Act by adding a certain highway m Marion and Taylor Counties, and for other purposes.
Referred to Committee on Public Highways No.2.
By Mr. Reid of Wilcox-
House Bill No. 491. A bill to be entitled an Act to amend the Highway Mileage Act by adding additional mileage m Wilcox County, and for other purposes.
Referred to Committee on Public Highways No.2.
By Mr. Tapp of Gwinnett-
House Bill No. 492. A bill to be entitled an Act to incorporate the Town of Rest Haven, in the County of. Gwinnett, to create a charter and municipal government for said town, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Campbell of Newton-
House Bill No. 493. A bill to be entitled an Act to reduce the official bond of the Sheriff of Newton County, from $10,000 to $5,000, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. McCracken of Jefferson-
House Bill No. 494. A bill to be entitled an Act to amend an Act to change the Board of Commissioners of Roads and Revenue of Jefferson County, so that said Board shall consist of three men instead of one, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Jones of Brantley-
Hause Bill No. 495. A bill to be entitled an Act to amend an Act to abolish the offices of Tax Receiver and Tax Collector of Brantley County, by increasing the compensation of the Tax Commissioner of said county, and for other purposes.
Referred to Committee on Counties and County Matters.

1132

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 hill of the House and have instructed me, as Chairman, to report the same hack to the House with the following recommendation:
House Bill No. 463. Do pass, as amended.
Respectfully submitted,
LANIER of Richmond, Chairman.
Mr. Larsen of Laurens 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 hill of the Senate and have instructed me, as Chairman, to report the same back to the House with the following recommendation:
Senate Bill No. 89. Do not pass.
(Minority report filed with bill.)
Respectfully submitted,
LARSEN of Laurens, Chairman.
Mr. Brown of Greene 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 hills 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. 479. Do pass.

THURSDAY, jANUARY 20, 1938.

1l33

House Bill No. 484. Do pass.
House Bill No. 486. Do pass.
Senate Bill No. 107. Do pass.
Senate Bill No. 109. Do pass.
Respectfully submitted,
BRowN of Greene, Chairman.
Mr. Sartain of Walker County, Chairman of the Committee on Engrossing, submitted the following report: Mr. Speaker:
Your Committee on Engrossing has examined, found properly engrossed, and ready for transmission to the Senate, the following bills of the House, to-wit:
House Bills Nos. 468, 459, 477.
Respectfully submitted,
SARTAIN of Walker, Chairman.
Mr. McGraw of Meriwether 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 Chairman, to report the same back to the House with the following recommendations:
House Bill No. 401. Do not pass. House Bill No. 398. Do pass. Senate Bill No. 64. Do pass. Senate Bill No. 67. Do not pass. Senate Bill No. 43. Do pass.
Respectfully submitted,
McGRAw of Meriwether, Chairman.

1134

JouRNAL oF THE HousE,

Mr. McCracken of Jefferson 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 Senate and have instructed me, as Chairman, to report the same back to the House with the following recommendations:
House Bill No. 478. Do pass.
Senate Bill No. 108. Do pass, as amended.
Respectfully submitted,
McCRAcKEN of Jefferson, Chairman.
Mr. Almand of Walton County, Chairman of the Committee on Penitentiary, submitted the following report:
Mr. Speaker:
Your Committee on Penitentiary 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. 63. Do pass.
Senate Bill No. 65. Do pass.
Senate Bill No. 79. Do pass.
Respectfully submitted,
ALMAND of Walton, Chairman.
Mr. Trapnell of Candler 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 resolution of the House and have in-

THURSDAY, jANUARY 20, 1938.

1135

structed me, as Chairman, to report the same back to the House with the following recommendation:
House Resolution No. 59-297a. Do pass.
Respectfully submitted,
TRAPNELL of Candler, Chairman.
By unanimous consent, the following bills and resolution of the House and Senate, favorably reported, were read the second time:
By Senator Millican of the 52nd District-
Senate Bill No. 43. A bill to be entitled an Act to amend the Code of Georgia of 1933 with reference to jury commissioners and the removal of same, and for other purposes.
By Messrs. Dampier and Larsen of Laurens-
House Resolution No. 59-297a. A resolution for relief of R. L. Tindol as surety on a bond, and for other purposes.
By Senators Purdom of the 46th District, Atkinson of the 1st District, and Lindsay of the 34th District-
Senate Bill No. 63. A bill to be entitled an Act to provide in all criminal sentences and records the words "public work camp" shall be used in lieu of the words "chain gang"; to provide that every chain gang in this State shall be known as a public work camp; and for other purposes.
By Senators Purdom of the 46th District, Atkinson of thej}st District, and Lindsay of the 34th District-
Senate Bill No. 64. A bill to be entitled an Act to provide that in all cases in which a defendant is sentenced to electrocution the trial judge must direct that the sentence be executed by the State Board of Penal Administration, and for other purposes.
By Senators Purdom of the 46th District, Atkinso.n of the 1st District, and Lindsay of the 34th District-
Senate Bill No. 65. A bill to be entitled an Act to amend an Act relating to ex-officio members of the State Prison Com-

1136

JouRNAL oF THE HousE,

mtsston, by abolishing ex-officio members, and for other purposes.
By Senators Purdom of the 46th District, Atkinson of the 1st District, and Lindsay of the 34th District-
Senate Bill No. 79. A bill to be entitled an Act to repeal Code Section 77-503 and amending Section 77-504, relative to applications for parole, and for other purposes.
By Senator Shannon of the 21st District-
Senate Bill No. 107. A bill to be entitled an Act to provide that the bond of the Tax Commissioner of Twiggs County, Georgia, shall be paid by the County Commissioners of said County, and for other purposes.
By Senator Shannon of the 21st District-
Senate Bill No. 108. A bill to be entitled an Act amending the charter of the City of Jeffersonville, and for other purposes.
By Senator Shannon of the 21st District-
Senate Bill No. 109. A bill to be entitled an Act reducing the bond of the Sheriff of Twiggs County, Georgia, and for other purposes.
By Mr. Horne of Bibb-
House Bill No. 398. A bill to be entitled an Act to revise and clarify fees provided for Ordinaries in Georgia, and for other purposes.
By Mr. Swindle of Berrien-
House Bill No. 463. A bill to be entitled an Act authorizing the Trustees of Beaverdam Consolidated School District to incur bonded indebtedness, and for other purposes.
By Messrs. Elliott, Leonard, and Smith of Muscogee-
House Bill No. 478. A bill to be entitled an Act to amend the charter of the City of Columbus, and for other purposes. By Mr. Jon~s of Elbert-
House Bill No. 479. A bill to be entitled an Act to increase

THURSDAY, ]ANUA.RY 20, 1938.

1137

the compensation of the Treasurer of Elbert County, Georgia, and for other purposes.
By Messrs. Davis, Lanham, and Keel of Floyd-
House Bill No. 484. A bill to be entitled an Act to authorize the Boards of Education of certain counties to pay retirement pay or pensions to teachers and other employees of the Board of Education, and for other purposes.
By Mr. Whitaker of Clayton-
House Bill No. 486. A bill to be entitled an Act to amend an Act approved July 1, 1910, known as the Act to create a Board of Commissioners of Roads and Revenues for Clayton County, and for other purposes.
Under the order of business established by the Committee on Rules, the following bills and resolutions of the House and Senate were taken up for consideration and read the third time:
By Mr. Field of Whitfield-
House Bill No. 460. A bill to be entitled an Act to amend the Highway Mileage Act by adding a certain road to the State Aid System of Roads, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Pound of Hancock-
House Bill No. 476. A bill to be entitled an Act to amend the Highway Mileage Act by adding a certain road to the State Aid System of Roads, 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 103, the nays 0.
The bill having received the requisite constitutional majority was passed.

1138

JouRNAL oF THE HousE,

By Mr. Field of Whitfield-
House Bill No. 477. A bill to be entitled an Act to amend an Act to require a referendum to repeal municipal charters of cities 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 105, the nays 0.
The bill having received the requisite constitutional majority was passed.
By unanimous consent, the bill was ordered immediately transmitted to the Senate.
By Senators Whitehead of the 30th District and Almand of the 50th District-
Senate Bill No. 93. A bill to be entitled an Act to amend the Highway Mileage Act by adding additional mileage to the State Aid System, 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 103, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Drake of Seminole and Simmons and Kirbo of Decatur-
House Bill No. 471. A bill to be entitled an Act to amend the Highway Mileage Act by adding a certain road to the State Aid System of Roads, 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 103, the nays 0.
The bill having received the requisite constitutional majority was passed.

THURSDAY, JANUARY 20, 1938.

1139

By Senator Lindsay of the 34th District-
Senate Bill No. 98. A bill to be entitled an Act to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 113, the nays 2.
The bill having received the requisite constitutional majority was passed.
By Mr. Booth of Barrow-
House Bill No. 455. A bill to be entitled an Act to amend the Highway Mileage Act by adding a certain road to the State Aid System of Roads, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Deal of Bulloch-
Hause Bill No. 453. A bill to be entitled an Act to amend the Highway Mileage Act by adding a certain road to the State Aid System of Roads, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Adams of Franklin-
House Bill No. 469. A bill to be entitled an Act to amend the Highway Mileage Act by adding a certain road to the State Aid System of Roads, and for other purposes.

1140

JouRNAL oF THE HousE,

The report of the committee, which was favorable to the passage of the bill, :was agreed to.
On the passage.ofthe bill, the ayes were 107, the nays 1.
The bill having received the requisite constitutional majority was passed.
By Messrs. Dampier and Larsen of Laurens, and Jones and Smith of Dodge-
House Bill No. 456. A bill to be entitled an Act to amend the Highway Mileage Act by adding a certain road to the State Aid System of Roads, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 115, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Reid of Wilcox.:.._
House Bill No. 465. A bill to be entitled an Act to amend the Highway Mileage Act by adding a certain road to the State Aid System of Roads, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Senator Allen of the 31st District-
Senate Bill No. 99. A bill to be entitled an Act to amend the Highway Mileage Act by adding additional mileage to the State Aid System, 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, the nays 0.

THURSDAY, JANUARY 20, 1938.

1141

The bill having received the requisite constitutional majority was passed.
By Senator Peebles of the 18th District-
Senate Bill No. 103. A bill to be entitled an Act to amend the Highway Mileage Act of 1929, by adding a road in Richmond County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 116, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Senators Burgin of the 24th District and Moye of the 11th District-
Senate Bill No. 104. A bill to be entitled an Act to amend the Highway Mileage Act by adding a certain road to the State Aid System of Roads, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, the nays 2.
The bill having received the requisite constitutional majority was passed.
By Mr. Morris of Douglas-
House Resolution No. 26-103b. A resolution to provide that certain law books be furnished the library of Douglas County, and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 107, the nays 0. The resolution having received the requisite constitutional majority was adopted. By Mr. McCracken of Jefferson-
House Resolution No. 120-455a. A resolution authorizing

1142

JouRNAL oF THE HousE,

certain law books to be furnished to the Ordinary of Jefferson County, and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 108, the nays 3.
The resolution having received the requisite constitutional majority was adopted.
The following bill of the House was taken up for the purpose of considering the Senate amendment thereto:
By Mr. Rawlins of Ben Hill-
House Bill No. 374. A bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues for Ben Hill County, and for other purposes.
The following Senate amendment to House Bill No. 374 was read:
By the Senate-
The Senate Committee on Counties and County Matters moves to amend House Bill No. 374, same being
A bill to be entitled an Act to amend the Act creating the office of Commissioners of Roads and Revenues in and for Ben Hill County, and for other purposes, by amending said bill in the manner hereinafter set forth.
The Senate committee moves to amend Section 2 of said bill so as to strike Section 2 as the same was passed by the House of Representatives and insert in lieu thereof a new Section 2 to read as follows:
Sec. 2. Be it further enacted by the authority aforesaid that the Chairman of said Board of Roads and Revenues in and for Ben Hill County, Georgia, shall devote at least one-half of reasonable office hour time to looking after the affairs of the County of Ben Hill which properly come under the administration in management of the Board of Commissioners of Roads and Revenues of said county.

THURSDAY, jANUARY 20, 1938.

1143

By striking Section 4 from said bill as the same was passed by the House of Representatives, in its entirety, and change the numbers of the subsequent sections of said bill accordingly.

The committee moves to further amend said bill by amending Section 6 as the same appears in the original bill passed by the House of Representatives but which is recommended to be changed to Section 5 by this committee as follows:

By striking the words and figures "and Section 4" from the third line of said Section 6; by striking the comma after the figure 2 in the third line of said Section 6 and inserting in lieu thereof the word " and."

Mr. Rawlins of Ben Hill moved that the House disagree to the Senate amendment to House Bill No. 374.

On the motion to disagree to the Senate amendment to House Bill No. 374, the ayes were 105, the nays 0.
The Senate amendment to House Bill No. 374 was disagreed to.
Under the order of unfinished business, the following bill of the House was again taken up for consideration:
By Mr. Thomas of Chattooga-

House Bill No. 152. A bill to be entitled an Act to create a State Racing Commission, and for other purposes.
Mr. Jones of Elbert moved that further consideration of the bill be postponed until Tuesday, January 25th, 1938, immediately after the expiration of the period of unanimous consents.

The main question was ordered.
On the motion to postpone until next Tuesday, Mr. Ennis of Baldwin 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 Bargeron Barrett Brewton Brooks of .Jackson

Brown of Greene

Claxton

Carmichael of Cobb

Cogdell

Carmichael of Randolph Corbett

Chappell

Coxon

Clary

Culpepper of Fayette

1144

JoURNAL OF THE HousE,

DeFoor Dugas Durden Edwards Elliott Fowler Freeman Goff Grayson Grubbs Hamby Hampton Hand Harden Harrell of Irwin
Hart Harvey Hastings Herrin Hollis

Home Houston Houze Joel Johnson Jones of Bartow Jones of Brantley Jones of Elbert Jones of Jenkins Kendrick Lanier Leonard Lewallen Manry Marshall Martin McGehee McGraw McNall Miller

Moore of Haralson Morris Newby Parker Pirkle Preston of Walton
Ragan
Rawlins Reid of Carroll Reid of Wilcox Rountree Salter Smith of Henry Swindle Tate Thomas Warnell Weaver Whaley Whitaker

Those voting in the negative were Messrs.:

Ansley Barlow Barnard Batchelor Beck Blease Bond Bridges Brown of Peach Candler Clements Cochran Cohen Coleman Croker Daves Davis Deal Drinkard Dukes Dunn Ennis Erwin Etheridge Evans Ferguson Fitts

Gammage Gavin Gross Groover GuYton Harrell of Brooks Harris Harrison Hayes
Hendrix Herndon Hill of Screven Hogg Jackson Jones of Dodge Key
Kirbo Lanham Lewis Mankin McCravey Milam Moore of Baldwin Moore of Lumpkin Moore of Taliaferro Morgan Mundy

Musgrove Newton Peters Pilcher Pound Rowland Sabados Sams Sanders Sartain Scruggs Simmons Smith of Dodge Sutton Todd Trippe Vickery Wall Walton Ware Watkins Welsch Whipple Williams of Bacon Williams of Jones Wilson Zellner

THURSDAY, jANUARY 20, 1938.

1145

Those not voting were Messrs.:

Allison Almand Bennett Booth Bradley Brooks of Oglethorpe Campbell Olark Culpepper of Mitchell Dampier Daughtry
Dean Dollar Douglass Drake Ellington Field

Flanders Ganr Hill of Cla,rke Hodges Holt Keel Larsen Mavity McCracken Middleton Moss Oden Palmour Patten Peebles Peru

Phillips Preston of Bulloch Rees Sapp Saunders Smith of Musoogee Spence Striplin Tapp Taunton Trapnell Turner Wages Warnock Yeomans Mr. Speaker

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

On the motion to postpone, the ayes were 75, the nays 81, and the motion was lost.

The following amendment to House Bill No. 152 was read and adopted:

Messrs. Thomas of Chattooga, Claxton of Camden, and Larsen of Laurens amend House Bill No. 152, Section Six thereof by striking the word "two" in line 17 of said section and inserting in lieu thereof the word "one" and further amends said section by adding after the words "one county" in line 18 "and provided the distance between any two horse tracks or any two dog tracks shall he 25 miles."

An amendment offered by Messrs. Sams, Candler, and Turner of DeKalh was read and lost.

The following amendment was read and adopted:

Mr. Culpepper of Fayette moves to amend House Bill No. 152 by striking all of Section 17, and substituting in lieu thereof the following, to he known as Section 17:

1146

JouRNAL oF THE HousE,

Sec. 17. The Secretary-Treasurer shall deduct from all taxes collected under this act five (5%) per centum of all such collections, which said sum is hereby set apart, and continuously appropriated as a maintenance fund for the support and maintenance of the State Racing Commission and the payment of expenses incurred in the administration and enforcement of this Act. The balance of all taxes collected under the provision of this Act shall be paid into the State Treasury, and are hereby allocated to the various counties of the State, share and share alike, to be used in maintaining roads, bridges and jails and for the support of the Superior Courts, and the convicts allotted to such counties by the State.
An amendment offered by Messrs. Turner, Candler, and Sams of DeKalb, and Welsch of Cobb was ruled out of order by the Speaker.
The following amendment was read:
Mr. Blease of Brooks moves to amend House Bill No. 152 bv inserting a new paragraph to be appropriately numbered as foilows: "Provided it shall be legal in Georgia to race mules, jackasses and hound dogs."
The following amendment to the amendment by Mr. Blease of Brooks was read and adopted:
Mr. Sabados of Dougherty moves to amend the Blease amendment to House Bill No. 152 by adding at the end of said amendment the words "to apply to Brooks County only."
On the adoption of the amendment by Mr. Blease of Brooks, as amended, the ayes were 107, the nays 17.
The amendment, as amended, was adopted.
Mr. Harrell of Brooks moved that the House reconsider its action in adopting the amendment, as amended.
On the motion to reconsider, the ayes were 54, the nays 77.
The motion to reconsider was lost.
The following amendments were read:
Mr. Evans of McDuffie moves to amend the Racing Commis-

THURSDAY, JANUARY 20, 1938.

1147

sion Bill, by offering the following amendments, separately, to be inserted immediately before the repealing clause, and other sections to he appropriately numbered, and to read as follows:
Part 1.
Section . . . No member of the General Assembly shall be eligible to hold any employment or office or position created under this Act during the term for which he is elected or may be elected in the future.

Part 2.

Section . .. This Act shall not become operative until a referendum has been held in the next General Election for the State of Georgia, at which election those desiring to vote in favor of this Act shall have printed on their ballots: "In favor of creating State Racing Commission" and those desiring to vote against this Act shall have printed on their ballots: "Against creating State Racing Commission." Said ballots to be furnished by the proper authorities of the State, with said printed matter above named thereon, and the person voting shall strike from the ballot all language except that which indicates the way in which he or she wishes to cast said ballot. If the majority of the people of the entire State cast their ballots in favor of said Act, then it shall become operative; and if not, it shall not be operative. The Secretary of State, within five days after said election, shall certify to the Governor the results of said election who shall issue his proclamation accordingly. The purpose of this Section is to permit the people of Georgia to vote on the question as to whether horse racing and gambling in connection tryerewith shall be legalized in Georgia.

Part 3.

Section

Nothing in this Act shall be construed to legalize

gambling in Georgia.

Part 4.

Section

No minors or persons employed in banks or post-

office c1erks shall be permitted to participate in any betting per-

mitted under this Act.

1148

JouRNAL OF THE HousE,

It is the purpose and intention of this amendment to preserve the law of Georgia as now in force with respect to gambling with minors and persons employed in banks and post-office clerks.

Part 5.

Section

By adding to the caption and body of the words

"and Gambling" so that wherever the words "State Racing Com-

mission" appear, same shall be amended so as to read "State

Racing and Gambling Commission," in the caption and in the

body of the Act.

Part 6.

By striking from the bill wherever it appears the words "and expenses." It is the purpose and intent of this section to provide a definite salary for the members of the Racing Commission, without expenses.

Mr. Evans of McDuffie moves to amend by adding another section immediately before the repealing clause to be appropriately numbered and to read as follows:

Section . . . Any person who commits any act prohibited by this Act shall be guilty of a misdemeanqr, and upon conviction, shall be punished as is provided by law in cases of misdemeanors.

Part 1 of the amendment was adopted.

Part 2 of the amendment was lost.

Part 3 of the amendment was lost.

Part 4 of the amendment was adopted.

Part 5 of the amendment was lost.

Part 6 of the amendment was lost.

The following amendment was read:

Messrs. Whipple of Bleckley and Edwards of Thomas move to amend House Bill No. 152 by adding a paragraph to be placed next before the repealing paragraph and to be numbered accord. ingly, and to read as follows:

THURSDAY, JANUARY 20, 1938.

1149

"No member of the General Assembly during the term for which he is elected shall be appointed to any office created under this Act, nor be eligible to do or perform any of the duties provided for, or receive any money or thing of value from the revenues derived from the operation of this Act for any service, or expense, of any kind."
On the adoption of the amendment, the ayes were 56, the nays 69.
The amendment was lost.
An amendment offered by Mr. Houston of Worth was ruled out of order by the Speaker.
The following amendment to House Bill No. 152 was read:
Mr. Evans of McDuffie moves to amend House Bill No. 152 by adding another section immediately before the repealing clause to be appropriately numbered and to read as follows:
Sec. . . . Any person who commits any Act prohibited by this Act shall be guilty of a misdemeanor, and upon conviction, shall be punished as is provided by law in cases of misdemeanors.
On the adoption of the amendment, the ayes were 84, the nays 23.
The amendment was adopted.
The following amendments were read:
Messrs. Gross of Stephens and Lewis of Burke move to amend House Bill No. 152 by adding a new section to be appropriately numbered as follows:
Sec. . .. In addition to the other duties and authority prescribed in this Act the State Racing Commission shall have the power and authority to designate Bull Rings and Cock Pits in the various counties of the State, provided however that not more than one Bull Ring and not more than three Cock Pits shall be established in any one county, and it shall be the duty of said Commission to appoint and prescribe the duties of all Matadors, Toreadors, and Picadors, to prescribe their term of office; to define and prescribe their weapons, the size, weight and

1150

JouRNAL oF THE HousE,

character thereof; and to prescribe their uniforms including the kind of material, color and design; provided however, that the predominating color of the uniform shall always be deep red and the general design shall be in the latest Mexican or Spanish mode.

On the adoption of the amendment, the ayes were 55, the nays 71, and the amendment was lost.

Messrs. Gross of Stephens and Hogg of Marion move to amend House Bill No. 152 by striking all reference to ParaMutual Machines and legalization of betting therewith.

On the adoption of the amendment, the ayes were 41, the nays 71.

The amendment was lost.

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

On the passage of the bill, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Almand

Fowler

Ansley

Freeman

Bargeron

Goff

Barrett

Grayson

Booth

Hamby

Brewton

Hampton

Brooks of Oglethorpe Hand

Brown of Greene

Harrell of Irwin

Carmichael of Randolph Hastings

Clary

Herrin

Clax-ton

Hollis

Cogdell

Home

Cohen

Houze

Corbett

Joel

Coxon

Johnson

DeFoor

Jones of Brantley

Dugas

Jones of Elbert

Dunn

Jones of Jenkins

Durden

Lanier

Edwards

Leonard

Field

Martin McCravey McGehee McGraw McNall Moore of Haralson Morris Musgrove Newby Phillips Preston of Walton Sabados Salter Smith of Dodge Smith of Henry Swindle Tate Thomas Warnell Whitaker

THURSDAY, jANUARY 20, 1938.

1151

Those voting in the negative were Messrs.:

Allison Barlow Batchelor Beck Bennett Blease Bond Bradley Bridges Brooks of Jackson Brown of Peach Candler Clements Cochran Coleman Daves Davis Deal Dean Dollar Douglass Dukes Elliott Ennis Erwin Etheridge Evans Ferguson Fitts Gammage Gar:v Gavin Gross Groover

GUYton Harden Harrell of Brooks Harris Harrison Hart Harvey
Ha:ves Hendrix Herndon Hill of Screven Hogg Houston Jackson Jones of Dodge Kendrick Kirbo Lanham Larsen Lewallen Lewis Mankin Manr:v Marshall McCracken Milam Moore of Baldwin Moore of Lumpkin Moore of Taliaferro Morgan Mund:v Newton Palmour Parker

Perry Peters Pilcher Pirkle Pound Rawlins Rees Reid of Carroll Reid of Wilcox Rowland Sams Sanders Sartain Saunders Scruggs Simmons Smith of Muscogee Sutton Tapp Taunton Todd Trapnell Trippe Wall Walton Ware Welsch Whaley Whipple Williams of Bacon Williams of Jones Wilson Zellner

Those not voting were Messrs.:

Adams Barnard Campbell Carmichael of Cobb Chappell Clark Croker Culpepper of Fa:vette Culpepper of Mitchell Dampier

Daughtry Drake Drinkard Ellington Flanders Grubbs Hill of Clarke Hodges Holt Jones of Bartow

Keel Key Mavity Middleton Miller Moss Oden Patten Preston of Bulloch Ragan

1152

JOURNAL oF THE HousE,

Rountree Sapp Spence
S~p~

Turner Vickery Wages
W~nook

Watkins Weaver Yeomans Mr. Speaker

The roll call was verified.

On the passage of the bill, as amended, the ayes were 61, the nays 101.

The bill having failed to receive the requisite constitutional majority was lost.

Mr. Jones of Elbert gave notice that at the proper time he would move that the House reconsider its action in failing to pass House Bill No. 152.
The following .report of the Committee of Conference on Senate Bill No. 52, creating a Board of Penal Administration, was submitted and read:

The committee in conference on Senate Bill No. 52 begs leave to report a unanimous agreement as follows:

(1) That the Senate recede from its action in disagreeing to House Amendments Nos. 1, 2, 3, 4 and 7.

(2) That the House recede from Amendment No. 5 and in lieu of said amendment, known as "The Swindle Amendment," the following be substituted, ta-wit:

"Except that the State Board of Penal Administration shall in no event have or exercise any jurisdiction over the appointment of county wardens other than that heretofore had and exercised by the State Prison Commission."

(3) That the House recede from Amendment No. 6, known as "The Amendment by Jones of Bartow and others," and in lieu thereof the following be substituted, to-wit:

"Nothing herein contained shall be construed so as to authorize or permit the said Board to set up or operate any business, whether industrial or agricultural, for sale of such products to the public in competition to private industry or agricultural activities, except for the needs of the State, its

THURSDAY, jANUARY 20, 1938.

1153

subdivisions, institutions, agencies and departments, and the labor used therein shall be primarily prison labor. In the manufacturing of products for the aforesaid limited purposes no free labor shall be employed except foremen, electricians and necessary professional employees."
Respectfully submitted,
LINDSAY of the 34th District,
FoRRESTER of the 44th District,
PuRDOM of the 46th District.
Senate Conferees.
BENNETT of Ware,
GRoss of Stephens,
TRAPNELL of Candler.
House Conferees.
SUPPLEMENTARY REPORT
Your Conference Committee on Senate Bill No. 52 realizes that considerable practical hardship would result by leaving the effective date of said bill January 1, 1938, as provided in Section 11 thereof, for the reason that the convicts must be fed and the bills of the Prison Commission incurred must be paid until the new Board set up in said bill has been created and organized. Therefore, as a practical matter of necessity the undersigned Conference Committee recommends that Section 11 of said bill be amended to make the effective date February 15, 1938, rather than January 1, 1938; and recommends that upon the adoption of this report Section 11 read as follows:
"This Act shall become effective February 15, 1938." Respectfully submitted, LINDSAY of the 34th District, FoRRESTER of the 44th District, PuRDOM of the 46th District. Senate Conferees.

1154

JouRNAL OF THE HousE,

BENNETT of Ware,
GRoss of Stephens,
TRAPNELL of Candler.
House Conferees.
Mr. Jones of Bartow moved that the House agree to the report of the Committee of Conference.
On the motion to agree, the ayes were 103, the nays 8.
The report of the Committee of Conference on Senate Bill No. 52 was agreed to.
Messrs. Dukes of Washington and Barlow of Colquitt requested the Journal to show they cast their votes against agreeing to the report of the Committee of Conference on Senate Bill No. 52.
The following bill of the Senate was taken up for the purpose of considering the Senate disagreement to the House amendments thereto:
By Senators Pope of the 7th District, Atkinson of the 1st District, Allen of the 31st District, and Almand of the 50th District-
Senate Bill No. 28. A bill to be entitled an Act authorizing and empowering corporations and amending, revising and perfecting the present corporation laws of Georgia, and for other purposes.
By unanimous consent, the House insisted on its amendments to Senate Bill No. 28, and requested the appointment of a Committee of Conference on the part of the Senate to confer with a like committee to be appointed on the part of the House.
The Speaker appointed as a Committee of Conference on the part of the House, the following members, to-wit:
Messrs. Sutton of Wilkes,
Parker of Colquitt, and
Gross of Stephens.
Under the order of business established by the Committee on Rules, the following bill of the Senate was taken up for consideration and read the third time:

THURSDAY, jANUARY 20, 1938.

1155

By Senators Shannon of the 21st District, Jackson of the 14th District, and Hardman of the 33rd District-
Senate Bill No. 38. A bill to be entitled an Act to amend an Act approved March 29, known as the "Unemployment Compensation Law," and for other purposes.
Mr. Sutton of Wilkes moved that the House recess for one hour and the motion prevailed.
1:50 o'clock P.M.
The Speaker called the House to order.
The following bill of the House was taken up for the purpose of considering the Senate amendment thereto:
By Mr. Claxton of Camden-
House Bill No. 72. A bill to be entitled an Act to empower the governing authorities of all counties of a certain population to increase the compensation of sheriffs, and for other purposes.
The following Senate amendment to House Bill No. 72 was read:
By the Senate-
Senator Pruett of the 32nd District moves to amend House Bill No. 72 by striking therefrom all of Section 1 and substituting in lieu thereof a new Section 1 to read as follows:
Section 1. The governing authority of all counties in this State having an area of not less than 711 square miles therein and not more than 711 square miles therein according to the present survey of the counties in this State are hereby empowered to supplement the fees now paid sheriffs of said counties in the sum of $1800.00 per annum, same to be paid monthly by the county authorities out of county funds.
Senator Pruett of the 32nd District moves to amend the caption of House Bill No. 72 by striking therefrom all of the following language, to-wit:
"Having a population of less than 6335 and more than 72.4 miles of highway on the State Highway System," and adding

1156

JouRNAL oF THE HousE,

in lieu thereof, "Having an area of not less than 711 square miles and not more than 711 square miles therein according to the present survey of the counties of this State."
On the question of agreeing to the Senate amendment to House Bill No. 72, the ayes were 103, the nays 0.
The Senate amendment to House Bill No. 72 was agreed to.
Under the order of business established by the Committee on Rules, the following bill of the House was taken up for consideration and read the third time:
By Mr. Adams of Franklin-
House Bill No. 473. A bill to be enti tied an Act to amend the Highway Mileage Act by adding a certain road to the State Aid System of Roads, 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 103, the nays 0.
The bill having received the requisite constitutional majority was passed.
Under the order of business established by the Committee on Rules, the following bill of the Senate was again taken up for consideration:
By Senators Shannon of the 21st District, Jackson of the 14th District, and Hardman of the 33rd District-
Senate Bill No. 38. A bill to be entitled an Act to amend an Act approved March 29, known as the "Unemployment Compensation Law," and for other purposes.
Mr. Parker of Colquitt moved the previous question, the call was sustained, and the main question ordered.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, the nays 0. The bill having received the requisite constitutional majority was passed.

THURSDAY, JANUARY 20, 1938.

1157

The following bill of the House was taken up for the purpose of appointing a Committee of Conference thereon:
By Mr. Rawlins of Ben Hill-
House Bill No. 374. A bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues for Ben Hill County, and for other purposes.
The Speaker appointed as a Committee of Conference on the part of the House, to confer with a like committee on the part of the Senate, the following members of the House, to-wit:
Messrs. Rawlins of Ben Hill,
Dugas of White, and
Welsch of Cobb.
Under the order of business established by the Committee on Rules, the following bills of the House and Senate were taken up for consideration and read the third time:
By Senators Purdom of the 46th District and Lindsay of the 34th District-
Senate Bill No. 49. A bill to be entitled an Act to change the name of the Prison Commission of the State of Georgia to "The State Prison and Parole Commission," and for other purposes.
Mr. Houston of Worth moved that further consideration of the bill be postponed until Tuesday, January 25, 1938, immediately after the expiration of the period of unanimous consents, and the motion prevailed.
By Senator Williams of the 5th District-
Senate Bill No. 72.

A BILL
To be entitled an Act to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize the trustees of the Pineview-Jamestown Consolidated School District of Ware County, Georgia, to incur a bonded indebtedness in addition

1158

JouRNAL oF THE HousE,

to that heretofore authorized by the Constitution and laws of Georgia for the purpose of refunding and retiring its existing bonded indebtedness due and unpaid as of March 1, 1934, March 1, 1935, March 1, 1936, March 1, 1937, and which becomes due up to and including March 1, 1951; to provide that the funds raised from such additional bonded indebtedness shall be used exclusively for the retirement of said bonded indebtedness that is or may become due and unpaid as of March 1, 1951; to provide the terms of their issue; to provide for the submission of the amendment for ratification by the people; and for other purposes.
Be it enacted by the General Assembly of the State of Georgia:
Section 1. Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, is hereby amended by adding at the end thereof a new paragraph in the following words, to-wit:
"And except that the Pineview-Jamestown Consolidated School District of Ware County, Georgia, may issue refunding serial bonds not in the excess of the aggregate sum of $25,000.00 for the purpose of refunding and retiring any bonded indebtedness of said school district, outstanding, past due and unpaid on March 1, 1937, and any bonded indebtedness of said school district outstanding and which becomes due up to and including March 1, 1951, and provide for the assessment and collection of an annual tax, sufficient in amount to pay the principal and interest of said bonds as they fall due; the proceeds of all such refunding bonds so issued by the said Pineview-Jamestown Consolidated School District of Ware County to be used exclusively for the purpose of paying and retiring said bonded indebtedness that is or may become due and unpaid as of March 1, 1951. Said refunding bonds shall be issued when authorized by a vote of the Trustees of the said Pineview-Jamestown Consolidated School District and shall be validated."

Sec. 2. When said amendment is agreed to by two-thirds vote of the members of each House, with the" Ayes" and" Nays" thereon, it shall be published in one or more newspaper in each Congressional District in this State for two months previous to the time for holding the next general election, at which proposed

THURSDAY, JANUARY 20, 1938.

1159

amendments to the Constitution of this State may be voted on, and shall, at said next general election be submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words," For ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the Pineview-}amestown Consolidated School District of Ware County to issue refunding bonds," and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words," Against ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the Pineview-Jamestown Consolidated School District of Ware County to issue refunding bonds," and if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof, when the results shall be consolidated as now required by law in election for members of the General Assembly, the said amendment shall become part of Article 7, Section 7, Paragraph 1, of the Constitution of the State and the Governor shall make a proclamation thereof, as provided by law.
Sec. 3. When said amendment has been ratified and proclamation has been issued by the Governor all laws and parts of laws in conflict herewith are repealed.

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

On the passage of the bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Allison Ansley Barlow Barnard Batchelor Beck Bennett Blease Bond Booth

Bradley

Cogdell

Brewton

Cohen

Bridges

Croker

Brooks of Jackson

Daves

Brooks of Oglethorpe Deal

Brown of Greene

DeFoor

Brown of Peach

Dugas

Carmichael of Randolph Dukes

Clary

Dunn

Claxton

Edwards

Cochran

Elliott

1160

jOURNAL OF THE HousE,

Ennis Erwin Ferguson Fitts Fowler Gammage
Gavin Goff Groover Grubbs Guyton Hand Harden Harrell of Brooks Harrell of Irwin Harris Harrison Hart Harvey Hayes Hendrix Herndon Hill of Screven Hodges Hogg Hollis Houze Jackson Jones of Brantley Jones of Dodge Jones of Elbert Kendrick

Kirbo Lanham Larsen Leonard Lewallen Lewis Mankin Manry Marshall Martin McCracken McCravey McGehee McGraw McNall Milam Moore of Baldwin Moore of Haralson Moore of Lumpkin Moore of Taliaferro Morgan Morris Mund:v Newby Newton Parker Perr:v Peters Pirkle Rees Reid of Carroll

Reid of Wilcox Rountree Rowland Sabados Sanders Sapp Sartain Scruggs Simmons Smith of Muscogee Sutton Tapp Tate Taunton Todd Trapnell Trippe Vicker:v Wall Ware Watkins Weaver Welsch Whale:v Whipple Whitaker Williams of Bacon Williams of Jones Wilson Yeomans Zellner

Those not voting were Messrs. :

Almand Bargeron Barrett Campbell Candler Carmichael of Cobb Chappell Clark Clements Coleman Corbett Coxon Culpepper of Fayette

Culpepper of Mitchell Dampier Daughtry Davis Dean Dollar Douglass Drake Drinkard Durden Ellington Etheridge Evans

Field Flanders Freeman Gar:v Grayson Gross Hamby Hampton Hastings Herrin Hill of Clarke Holt Horne

THURSDAY, JANUARY 20, 1938.

1161

Houston Joel Johnson Jones of Bartow Jones of J enkl.ns Keel Key Lanier Mavity Middleton Miller Moss Musgrove

Oden Palmour Patten Peebles Phillips Pilcher Pound Preston of Bulloch Preston of Walton Ragan Rawlins Salter Sams

Saunders Smith of Dodge Smith of HeiU7 Spence Striplin Swindle Thomas Turner Wages Walton Warnell Warnock Mr. Speaker

On the passage of the bill, the ayes were 127, the nays 0.

The bill having failed to receive the requisite twa-thirds constitutional majority was lost.

Mr. Bennett of Ware gave notice that at the proper time he would move that the House reconsider its action in failing to pass the bill.

Mr. Erwin of Lamar moved that the House do now adjourn until 9:30 o'clock tomorrow morning, and the motion was lost.

By Mr. Trapnell of Candler-
House Bill No. 376. A bill to be entitled an Act to amend an Act reorganizing the State Highway Department, and for other purposes.

Mr. Houston of Worth moved the previous question, the call was sustained, and the main question ordered.

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

On the passage of the bill, Mr. Trapnell of Candler 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 Allison Almand Ansley

Batchelor Beck Booth Brewton

Brooks of Jackson Brooks of Oglethorpe Claxton Cochran

1162

jOURNAL OF THE HousE,

Cogdell Cohen Corbett Daves Deal DeFoor Edwards Erwin Fitts Fowler Goff Groover Grubbs Hand Harrell of Brooks Harris Hastings Hayes Herndon Hodges

Hollis Houston Houze .Jones of Dodge Kendrick Kirbo Lanham Lewis Mankin Martin McGehee McNall Milam Moore of Haralson Moore of Lumpkin Moore of Taliaferro Morgan Mundy Perry Pirkle

Preston of Walton Rawlins Rountree Sartain Simmons Smith of Muscogee Swindle Tapp Todd Trapnell Trippe Vickery Ware Weaver Whaley Whipple Williams of .Jones Wilson Yeomans Zellner

Those voting in the negative were Messrs.:

Barlow Barnard Blease Bond Bradley Bridges Brown of Peach Clary Dugas Dukes Dunn Ennis Evans Field Gammage Gavin

GUYton Harrell of Irwin Harrison Hart Hendrix Hill of Screven Hogg .Jackson .Jones of Brantley .Jones of .Jenkins Larsen Lewallen Manry Marshall McCracken McCravey

Morris Musgrove Newby Newton Parker Rees Reid of Carroll Reid of Wilcox Rowland Sabados Sanders Scruggs Taunton Wall Whitaker Williams of Bacon

Those not voting were Messrs.:

Bargeron

Chappell

Barrett

Clark

Beck

Clements

Brown of Greene

Coleman

Campbell

Coxon

Candler

Croker

Carmichael of Cobb

Culpepper of Fayette

Carmichael of Randolph Culpepper of Mitchell

Dampier Daughtry
Davis Dean Dollar Douglass Drake Drinkard

THURSDAY, jANUARY 20, 1938.

1163

Durden Elllngton Elliott Etheridge Ferguson Flanders Freeman
Gary
Grayson Gross Hamby Hampton Harden Harvey Herrin Hill of Olarke Holt Home :Joel :Johnson
:rones of Bartow

:rones of Elbett
Keel Key Lanier Leonard Mavity McGraw Middleton Miller Moore of Baldwin Moss Oden Palmour Patten Peebles Peters Phillips Pilcher Pound Preston of Bulloch

Ragan Salter Sams Sapp Saunders Smith of Dodge Smith of HeD.17 Spence Striplin Sutton Tate Thomas Turner Wages Walton Warnell Warnock Watkins Welsch Mr. Speaker

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

On the passage of the bill, the ayes were 72, the nays 48.

The bill having failed to receive the requisite constitutional majority was lost.

Mr. Trapnell of Candler gave notice that at the proper time he would move that the House reconsider its action in failing to pass the bill.

Mr. Jones of Elbert arose to a question of personal privilege and addressed the House.

Mr. Smith of Muscogee moved that the House do now adjourn until 9:30 o'clock tomorrow morning, and the motion prevailed.

Leaves of absence were granted to Messrs. Weaver of Bibb, Ferguson of Sumter, Zellner of Monroe, Hendrix of Cherokee, Croker of Paulding, Bridges of Early, Almand of Walton, McCravey of Union, Gary of Quitman, Pound of Hancock, Drinkard of Lincoln, Pilcher of Warren, Herrin of Echols, and Striplin of Heard.

The Speaker announced the House adjourned until9:30 o'clock tomorrow morning.

1164

JouRNAL oF THE HousE,

REPRESENTATIVE HALL, ATLANTA, GA.,

FRIDAY, jANUARY 21, 1938.

The House met, pursuant to adjournment, this day at 9:30 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

DeFoor

Allison

Dollar

Ansley

Douglass

Bargeron

Dukes

Barlow

Dunn

Barnard

Edwards

Batchelor

Ennis

Beck

Erwin

Bennett

Etheridge

Blease

Evans

Bond

Field

Booth

Fitts

Bradley

Fowler

Brewton

Gammage

Brooks of .Jackson

Gavin

Brooks of Oglethorpe Goff

Brown of Greene

Grayson

Brown of Peach

Gross

Carmichael of Cobb

Groover

Carmichael of Randolph Grubbs

Clark

GUYton

Clary

Hampton

Claxton

Hand

Clements

Harden

Cochran

Harrell of Irwin

Cogdell

Harris

Cohen

Harrison

Coleman

Hart

Corbett

Harvey

Coxon

Hastings

Culpepper of Fayette Hayes

Daves

Herndon

Davis

Hodges

Deal

Hogg

Dean

Holt

Houston Houze Joel .Johnson .Jones of Bartow .Jones of Brantley .Jones of Dodge .Jones of Elbert .Jones of .Jenkins Keel Kendrick Key Kirbo Lanham Larsen Leonard Lewallen Lewis Mankin Manry
Marshall Martin Mavity McCracken McGehee McGraw McNall Middleton Milam Moore of Baldwin Moore of Lumpkin Moore of Taliaferro Morgan Morris Mundy

FRIDAY, jANUARY 21, 1938.

1165

Musgrove Newb:v Newton Oden Palmour Parker Perr:v Peters Phillips Pilcher Pirkle Preston of Bulloch Preston of Walton Ragan Rawlins Rees Reid of Carroll Reid of Wilcox

Rountree Rowland Sabados Salter Sanders Sapp Sartain Scruggs Smith of Henr:v Smith of Muscogee Sutton Swindle Tapp
Tate Taunton Todd Thomas Trapnell

Trippe
Turner Vicker:v Wall Walton Ware Warnell Warnock Watkins Welsch Whale:v Whipple Whitaker Williams of Jones Wilson Yeomans Zellner Mr. Speaker

Mr. Corbett of Atkinson, Acting Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

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 bills and resolutions.
5. First reading and reference of Senate bills and resolutions.
By unanimous consent, the following bills and resolution were introduced, read the first time, and referred to the committees:

1166

JouRNAL oF THE HousE,

By Mr. Warnell of Bryan-
House Bill No. 496. A bill to be entitled an Act to amend that certain Act creating a Board of Commissioners of Roads and Revenues for the County of Bryan, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Warnell of Bryan-
House Bill No. 497. A bill to be entitled an Act changing the term of the Superior Court in Bryan County, and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Warnell of BryanHouse Bill No. 498. A bill to be entitled an Act to amend that
certain Act entitled "An Act to require all county officers of Bryan County to give and subscribe a good and sufficient indemnity bond in some reputable and solvent insurance company," and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Batchelor of Putnam and Key of JasperHouse Bill No. 499. A bill to be entitled an Act to amend the
Highway Mileage Act by adding additional mileage in Putnam and Jasper Counties, and for other purposes.
Referred to Committee on Public Highways No.2.
By Mr. Booth of BarrowHouse Resolution No. 136-499a. A resolution authorizing the
refund of a license fee of $200.00 imposed on wholesale seafood dealers of this State, and for other purposes.
Referred to Committee on Appropriations.
By Mr. McCracken of JeffersonHouse Bill No. 500. A bill to be entitled an Act to amend the
Highway Mileage Act by adding a certain road in Jefferson County, and for other purposes.
Referred to Committee on Public Highways No.2.

FRIDAY, jANUARY 21, 1938.

1167

Mr. Cogdell of Glynn 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 bill of the House and have instructed me, as Vice-Chairman, to report the same back to the House with the following recommendation:
House Bill No. 494. Do pass.
Respectfully submitted,
CoGDELL of Glynn, Vice-Chairman.
Mr. Brown of Greene 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. 493. Do pass.
House Bill No. 495. Do pass.
Respectfully submitted,
BROWN of Greene, Chairman.
Mr. Sartain of Walker County, Chairman of the Committee on Engrossing, submitted the following report:
Mr. Speaker: Your Committee on Engrossing has examined, found properly
engrossed, and ready for transmission to the Senate, the following bills and resolutions of the House, to-wit:
House Bills Nos. 453, 455, 456, 460, 465, 469, 471, 473, 476. House Resolutions Nos. 26-103b, 12o-455a.
Respectfully submitted, SARTAIN of Walker, Chairman.

1168

JouRNAL OF THE HousE,

Mr. Groover of Troup County, Chairman of the Committee on Enrolling, submitted the following report: Mr. Speaker:
Your Committee on Enrolling has examined, found properly enrolled, and ready for transmission to the Governor, the following bills and resolution of the House, to-wit:.
House Bills Nos. 408, 15. House Resolution No. 130.
Respectfully submitted, GROOVER of Troup, Chairman.
Mr. Pound of Hancock 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 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. 481. Do pass. House Bill No. 485. Do pass. House Bill No. 489. Do pass. House Bill No. 491. Do pass. House Bill No. 490. Do pass. House Resolution No. 132-485a. Do pass.
Respectfully submitted, PouND of Hancock, Chairman.
Mr. McCracken of Jefferson County, Chairman of the Committee on Municipal Government, submitted the following report:
Mr. Speaker: Your Committee on Municipal Government have had under

FRIDAY, jANUARY 21, 1938.

1169

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 Bills Nos. 482 and 492. Do pass.
Respectfully submitted,
McCRACKEN of Jefferson, Chairman.
Mr. Adams of Franklin County, Chairman of the Committee on Public Libraries, submitted the following report:
Mr. Speaker:
Your Committee on Public Libraries 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. 131-480a. Do pass.
Respectfully submitted,
ADAMS of Franklin, Chairman.
Mr. Houston of Worth County, Chairman of the Committee on Special Appropriations, submitted the following report:
Mr. Speaker:
Your Committee on Special Appropriations have had under consideration the following bill and 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. 286. Do pass.
House Resolution No. 116-451a. Do pass.
House Resolution No. 129-474a. Do pass.
Respectfully submitted,
HousTON of Worth, Chairman.
By unanimous consent, the following bills and resolutions of the House, favorably reported, were read the second time:

1170

JouRNAL OF THE HousE,

By Mr. Hamby of Rabun-
House Resolution No. 116-451a. A resolution appropnatmg the sum of two hundred dollars ($200.00) to pay Robert R. Singleton for two and one-half (2Y2) months services as Game Warden, and for other purposes.
By Messrs. Groover, Ware, and Morgan of Troup-
House Resolution No. 129-474a. A resolution relieving and refunding tax paid by D. Yalovitz, and for other purposes.
By Mr. Bradley of Tattnall-
House Resolution No. 131-480a. A resolution authorizing State Librarian to furnish certain volumes of Reports of Georgia Supreme Court and Georgia Court of Appeals to Clerk of Court, Tattnall County, and for other purposes.
By Messrs. Booth of Barrow, Brooks of Jackson, Fitts of Madison, and Joel of Clarke-
House Resolution No. 132-485a. A resolution naming a certain road in Jackson County in honor of Crawford W. Long, and for other purposes.
By Messrs. Watkins of Butts, Zellner of Monroe, and Key of Jasper-
House Bill No. 286. A bill to be entitled an Act to appro~ priate $5,000.00 to the State Military Department to compensate the parents of Privates Terrell A. Maddox and Paul J. Evans, Jr., for their deaths while in line of official duty, and for other purposes.
By Messrs. Drake of Seminole and Hayes of Miller-
House Bill No. 481. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," so as to add a certain road to the System of State Aid Roads, and for other purposes.
By Mr. Swindle of Berrien-
House Bill No. 482. A bill to be entitled an Act to amend the charter of the City of Nashville, in Berrien County, Georgia, and for other purposes.

FRIDAY, JANUARY 21, 1938.

1171

By Messrs. Dugas of Jackson and White of Habersham-
House Bill No. 485. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," so as to add a certain road to the System of State Aid Roads, and for other purposes.
By Mr. Adams of Franklin-
House Bill No. 489. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," so as to add a certain road to the System of State Aid Roads, and for other purposes.
By Messrs. Hogg of Marion and Taunton of Taylor-
House Bill No. 490. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," so as to add a certain road to the System of State Aid Roads, and for other purposes.
By Mr. Reid of Wilcox-
House Bill No. 491. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," so as to add a certain road to the System of State Aid Roads, and for other purposes.
By Mr. Tapp of Gwinnett-
House Bill No. 492. A bill to be entitled an Act to incorporate the Town of Rest Haven, and for other purposes.
By Mr. Campbell of Newton-
House Bill No. 493. A bill to be entitled an Act to reduce the official bond of the Sheriff of Newton County, Georgia, and for other purposes.
By Mr. McCracken of Jefferson-
House Bill No. 494. A bill to be entitled an Act to amend an Act to change the Board of Roads and Revenue for the County of Jefferson, and for other purposes.
By Mr. Jones of Brantley-
Hause Bill No. 495. A bill to be entitled an Act to amend an Act abolishing office of Tax Receiver and Tax Collector of Brantley County, and for other purposes.

1172

JouRNAL OF THE HousE,

The following message was received from the Senate through Mr. Hammond, the Secretary thereof:
Mr. Speaker:
The Senate has adopted the report of the Conference Committee on the following bill of the Senate, ta-wit:
By Senators Purdom of the 46th District and Lindsay of the 34th District-
Senate Bill No. 52. A bill creating a State Board of Penal Administration, and for other purposes.
The Senate insists upon its amendments to the following bill of the House, and requests a Committee of Conference be appointed by the House to confer with a like committee on the part of the Senate:
By Mr. Rawlins of Ben Hill-
House Bill No. 374. A bill amending the Act creating the office of Commissioners of Roads and Revenues for Ben Hill County, and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate on House Bill No. 374, the following members of the Senate, ta-wit:
Senators Griner of the 45th District, Peebles of the 18th District, and Hampton of the 41st District.
The Senate insists upon its position in disagreeing to the House amendments to the following bill of the Senate, and requests a Committee of Conference be appointed by the House to confer with a like committee on the part of the Senate:
By Senators Pope of the 7th District, Atkinson of the 1st District, Allen of the 31st District, and Almand of the 50th District-
Senate Bill No. 28. A bill perfecting and revising the present corporation laws of the State of Georgia, and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate on Senate Bill No. 28, the following members of the Senate, to-wit:

FRIDAY, jANUARY 21, 1938.

1173

Senators Atkinson of the 1st District, Pope of the 7th District, and Williams of the 5th District.
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. Davis, Keel, and Lanham of Floyd-
House Bill No. 366. A bill to authorize counties of a certain population to insure the lives and health of all teachers and employees of Boards of Education, and for other purposes.
By Mr. Ragan of Pulaski-
House Bill No. 439. A bill amending the Act with reference to the duties and salary of the Clerk of the Commissioner of Roads and Revenues of Pulaski County, and for other purposes.
By Mr. Ragan of Pulaski-
House Bill No. 441. A bill to amend the Act creating a new charter for the City of Hawkinsville, and for other purposes.
By Mr. Whipple of Bleckley-
House Bill No. 457. A bill amending an Act providing for a new charter for the Town of Cochran, 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 Senator Shannon of the 21st District-
Senate Bill No. 107. A bill to be entitled an Act to provide that the bond of the Tax Commissioner of Twiggs County shall be paid by the County Commissioners of said County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, the nays 0.

1174

JouRNAL oF THE HousE,

The bill having received the requisite constitutional majority was passed.
By Senator Shannon of the 21st District-
Senate Bill No. 108. A bill to be entitled an Act amending the charter of the City of Jeffersonville, and for other purposes.
The following committee amendment to Senate Bill No. 108 was read and adopted:
The committee moves to amend Senate Bill No. 108 as follows:
By striking from the caption, the words," and for the purpose of taxation therein."
Amends further: By striking in its entirety Section 4 of said bill, and substituting in lieu thereof an entirely new Section to be numbered 4 as follows:
Section 4. Section 9 of the original Act is amended as follows: After the words "Section 3" as appears on line 12, page 984, Acts 1909, Section 9, the words "as amended" are hereby added.
Amends further: wherever the figures "fifty dollars per annum" appear in Section 6 of said bill, the figures "twenty-five dollars per annum" be substituted in lieu thereof.
Amends further: By striking entirely Section 7 of said Act.
Amends further: By striking the last letter "1" in the word Marshall, or Marshalls wherever the same appears in said Act, so that the same may be properly spelled.
Amend further: By striking the numeral "8" indicated as Section 8, and substituting in lieu of said "8" the numeral "7," so that said repealing clause shall be numbered Section 7.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, as amended, the ayes were 108, the nays 0.
The bill having received the requisite constitutional majority was passed.

FRIDAY, jANUARY 21, 1938.

1175

By Senator Shannon of the 21st District-
Senate Bill No. 109. A bill to be entitled an Act reducing the bond of the Sheriff of Twiggs County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Elliott, Leonard, and Smith of Muscogee-
House Bill No. 478. A bill to be entitled an Act to amend an Act relating to taxes in the City of Columbus, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Jones of Elbert-
House Bill No. 479. A bill to be entitled an Act increasing the salary of the Treasurer of Elbert 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 104, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Whitaker of Clayton-
House Bill No. 486. A bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Clayton County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

1176

JouRNAL OF THE HousE,

On the passage of the bill, the ayes were 103, the nays 0.
The bill having received the requisite constitutional majority was passed.
Mr. Bennett of Ware moved that the House reconsider its action in failing to pass the following bill of the Senate, to-wit:
By Senator Williams of the 5th District-
Senate Bill No. 72. A bill to be entitled an Act to amend the Constitution so as to authorize trustees of certain schools in Ware County to incur a bonded indebtedness, and for other purposes.
On the motion to reconsider, the ayes were 103, the nays 0.
The motion to reconsider prevailed.
Mr. Trapnell of Candler moved that the House reconsider its action in failing to pass the following bill of the House, to-wit:
By Mr. Trapnell of Candler-
House Bill No. 376. A bill to be entitled an Act to reorganize and reconstitute the State Highway Department of Georgia, and for other purposes.
Mr. Culpepper of Fayette moved that further consideration of the motion to reconsider House Bill No. 376 be postponed until Monday, January 24th, 1938, immediately after the expiration of the period of unanimous consents, and the motion prevailed.
The following report of the Committee of Conference on House Bill No. 374, a local bill for the County of Ben Hill, was submitted and read:
Conference Committee Report on House Bill No. 374.
Mr. President:
Mr. Speaker:
Your Conference Committee on House Bill No. 374 recommends that the House recede from its disagreement to the Senate amendment with the proviso that the following language be added to the said Senate amendment:

FRIDAY, jANUARY 21, 1938.

1177

"The Chairman of Commissioners of Ben Hill County shall have authority to make contract with the Highway Department for grading and paving of the road and to make purchases for the county to the amount of Three Hundred ($300.00) Dollars without approval of other members of the Board. The Chairman shall make a report to the other members of the Board at each meeting monthly of said purchases, and the Chairman is further authorized to make financial arrangements to finance the county for the balance of the year 1938."
GRINER of the 45th District,
PEEBLES of the 18th District,
HAMPTON of the 41st District.
On the Part of the Senate.
RAWLINS of Ben Hill,
DuGAS of White,
WELSCH of Cobb.
On the Part of the House.
Mr. Rawlins of Ben Hill moved that the House agree to the report of the Committee of Conference.
On the motion, the ayes were 103, the nays 0.
The report of the Committee of Conference on House Bill No. 374 was agreed to.
Mr. Welsch of Cobb arose to a question of personal privilege and addressed the House.
Under the order of business established by the Committee on Rules, the following bills of the House and Senate were taken up for consideration and read the third time:
By Mr. McGraw of Meriwether-
Hause Bill No. 437. A bill to be entitled an Act to fix and provide for the compensation to be paid members of the Board of Education of certain counties in the State of Georgia, and for other purposes.

1178

JouRNAL oF THE HousE,

By unanimous consent, further consideration of House Bill No. 437 was postponed until Monday, January 24th, 1938, immediately after the expiration of the period of unanimous consents.
By Senators Shedd of the 3rd District, Knabb of the 4th District, Williams of the 5th District, Sikes of the 49th District, and Atwood of the 2nd District-
Senate Bill No.4. A bill to be entitled an Act to validate the incorporation of Timber Protective Associations, and for other purposes.
By unanimous consent, further consideration of Senate Bill No. 4 was postponed until Monday, January 24th, 1938, immediately after the expiration of the period of unanimous consents.
By Mr. Parker of Colquitt-
House Bill No. 204. A bill to be entitled an Act to be known as the Uniform Warehouse Receipts Act, and for other purposes.
Mr. Watkins of Butts moved that the House do now adjourn until 10:00 o'clock Monday morning, January 24th, 1938, and the motion prevailed.
Leaves of absence were granted to Messrs. Rowland of Johnson and Marshall of Macon.
The Speaker announced the House adjourned until Monday morning,January 24th, 1938,at 10:00 o'clock, and House Bill No. 204 went over until that time under the order of unfinished business.

MoNDAY, jANUARY 24, 1938.

1179

REPRESENTATIVE HALL, ATLANTA, GA.,

MoNDAY, }ANUARY 24, 1938.

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

Coxon

Allison

Croker

Almand

Culpepper of Fayette

Ansley

Daves

Bargeron

Davis

Barlow

Deal

Barnard

Dean

Barrett

DeFoor

Batchelor

Dollar

Beck

Douglass

Bennett

Drake

Blease

Drinkard

Bond

Dugas

Booth

Dukes

Bradley

Dunn

Brewton

Durden

Bridges

Edwards

Brooks of .Jackson

Elliott

Brooks of Oglethorpe Ennis

Brown of Greene

Erwin

Brown of Peach

Etheridge

Campbell

Evans

Candler

Ferguson

Carmichael of Cobb

Field

Carmichael of Randolph Fitts

Chappell

Fowler

Clark

Freeman

Clary

Gary

Claxton

Gavin

Clements

Goff

Cochran

Grayson

Cogdell

Gross

Cohen

Groover

Coleman

Grubbs

Corbett

G\U'ton

Hamby Hampton Hand Harden Harrell of Brooks Harrell of Irwin Harris Harrison Hart Harvey Hastings Hayes
Hendrix Herndon Herrin Hill of Clarke Hill of Screven Hodges Hogg Hollis Holt Houston Houze .Jackson .Joel .Johnson .Jones of Bartow .Jones of Brantley .Jones of Dodge .Jones of Elbert .Jones of .Jenkins Kendrick Key
Kirbo Lanham

1180

JOURNAL OF THE HousE,

Lanier Larsen Leonard Lewallen Lewis Mankin Manry Marshall Martin Mavity
McCracken McCravey McGehee McGraw McNall Middleton Milam Miller Moore of Baldwin Moore of Haralson Moore of Lumpkin Moore of Taliaferro Morgan Morris Mundy Musgrove Newby Newton Oden Palmour

Parker Pel'l7 Peters Phillips Pilcher Pirkle Pound Preston of Bulloch Preston of Walton Ragan Rawlins Rees Reid of Carroll Reid of Wilcox Rountree Sabados Salter Sams Sanders Sapp Sartain Saunders Scruggs Simmons Smith of Dodge Smith of Henry Smith of Muscogee Spence Striplin

Sutton Swindle Tapp Tate Taunton Todd Thomas Trapnell Trippe Turner Vickery Wall Wages Walton Ware Warnell Warnock Watkins Weaver Welsch Whaley Whipple Whitaker Williams of Bacon Williams of Jones Wilson Yeomans Zellner Mr. Speaker

Mr. Hill of Screven, Chairman of the Committee on Journals, reported that the Journal of last Friday'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.

MoNDAY, JANUARY 24, 1938.

1181

3. Second reading of bills and resolutions, favorably reported.
4. Third reading and passage of local uncontested bills and resolutions.
5. First reading and reference of Senate bills and resolutions.
By unanimous consent, the following bills and resolutions were introduced, read the first time, and referred to the committees:
By Messrs. Lanham, Davis, and Keel of Floyd-
House Bill No. 501. A bill to be entitled an Act to provide for the compensation of and payment to Clerks of the Superior Court, in counties of this State having a population of not less than 48,660 and not more than 48,670, and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Parker and Barlow of Colquitt-
House Bill No. 502. A bill to be entitled an Act to amend an Act approved March 30, 1937, creating a new charter for the City of Moultrie, in the County of Colquitt, and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Parker and Barlow of Colquitt-
House Bill No. 503. A bill to be entitled an Act to amend an Act approved March 30, 1937, known as an Act to create a new charter for the City of Moultrie, in Colquitt County, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Musgrove of Clinch-
House Resolution No. 137-503a. A resolution authorizing the County Commissioners of Clinch County to pay certain sum of money to the widow of Deputy Sheriff Carey Thomas, and for other purposes.
Referred to Committee on Counties and County Matters.

1182

JouRNAL oF THE HousE,

By Mr. Barrett of Richmond-
House Bill No. 504. A bill to be entitled an Act to amend an Act approved February 9, 1937, entitled "Dentistry Practice Act," providing for revocation and suspension of licenses of dental practitioners, and for other purposes.
Referred to Committee on Hygiene and Sanitation.
By Messrs. Harris and Lanier of Richmond-
House Resolution No. 138-504a. A resolution relieving
Thomas L. Clary of surety on the appeal bond of W. E. Keener,
and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Cogdell of Glynn-
House Bill No. 505. A bill to be entitled an Act to provide for holding three regular terms a year of the Superior Court of Glynn County, and for other purposes.
Referred to Committee on Special Judiciary.
By Messrs. Deal of Bulloch, Bennett of Ware, and Coleman of Lowndes-
House Bill No. 506. A bill to be entitled an Act to amend the General Tax Act, Paragraph 10 thereof (Georgia Laws 1935, pages fifteen (15) and sixteen (16), so as to provide for a tax on auctioneers for the sale of certain products and commodities, and for other purposes.
Referred to Committee on State of Republic.
By Messrs. Grubbs of Crisp, Weaver of Bibb, and Chappell of Sumter-
House Bill No. 507. A bill to be entitled an Act to require all life insurance companies doing business in this State to invest in Georgia securities, and for other purposes.
Referred to Committee on Insurance.
By Mr. Larsen of Laurens-
House Bill No. 508. A bill to be entitled an Act to amend

MoNDAY, jANUARY 24, 1938.

1183

the charter of the City of Dublin, in the County of Laurens, and for other purposes.
Referred to Committee on Amendments to Constitution No. 2.
By Mr. Brooks of Jackson-
House Bill No. 509. A bill to be entitled an Act to amend
a the Constitution of the State of Georgia, so as to authorize the
City of Jefferson to incur bonded indebtedness, and for other purposes.
Referred to Committee on Amendments to Constitution No.2.
Mr. Brown of Greene 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. 496. Do pass.
House Bill No. 498. Do pass.
Respectfully submitted,
BROWN of Greene, Chairman.
Mr. Sartain of Walker County, Chairman of the Committee on Engrossing, submitted the following report:
Mr. Speaker:
Your Committee on Engrossing has examined, found properly engrossed, and ready for transmission to the Senate, the following bills of the House, to-wit:
House Bills Nos. 486, 479, 478.
Respectfully submitted,
SARTAIN of Walker, Chairman.

1184

JOURNAL OF THE HousE,

Mr. Groover of Troup County, Chairman of the Committee on Enrolling, submitted the following report:
Mr. Speaker:
Your Committee on Enrolling has examined, found properly enrolled, and ready for transmission to the Governor, the following bills and resolution of the House, to-wit:
House Bills Nos. 72, 338, 366, 439, 397, 441, 457.
House Resolution No. 47-226a.
Respectfully submitted,
GRoovER of Troup, Chairman.
Mr. McGraw of Meriwether 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 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. 51. Do pass, as amended.
Respectfully submitted,
McGRAw of Meriwether, Chairman.
By unanimous consent, the following bills of the House and Senate, favorably reported, were read the second time:
By Senator Pope of the 7th District-
Senate Bill No. 51. A bill to be entitled an Act to amend the Act entitled "Board of Photographic Examiners" as the same appears in the Acts of 1937, and for other purposes.
By Mr. Warnell of Bryan-
House Bill No. 496. A bill to be entitled an Act to amend that certain Act creating a Board of Commissioners of Roads and Revenues for the County of Bryan, and for other purposes.

MoNbAY, }ANUARY 24, 1938.

1185

By Mr. Warnell of Bryan-
House Bill No. 498. A bill to be entitled an Act to amend an Act entitled" An Act to require all county officers of Bryan County, Georgia, to give and subscribe a good and sufficient indemnity bond in some reputable and solvent insurance company, qualified to do business in 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 constitutional majority the following bills and resolutions of the Senate and House, ta-wit:
By Senator Purdom of the 46th District-
Senate Bill No. 66. A bill to be entitled an Act to prohibit the sale of intoxicating beverages or the operating of dancing halls within one mile of State Penal Institutions, and for other purposes.
By Senator Peebles of the 18th District-
Senate Bill No. 111. A bill to be entitled an Act amending the Highway. Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Senator Burrell of the 40th District-
Senate Bill No. 112. A bill to be entitled an Act to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Senator Burrell of the 40th District-
Senate Bill No. 113. A bill to be entitled an Act to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Senator Neely of the 36th District-
Senate Bill No. 120. A bill to be entitled an Act to amend

1186

JouRNAL oF THE HousE,

the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Senator Purdom of the 46th District-
Senate Bill No. 123. A bill to be entitled an Act to amend the charter of the City of Blackshear, and for other purposes.
By Messrs. Preston and Almand of Walton-
House Bill No. 371. A bill to be entitled an Act to allow tax commissioners in certain counties to collect commissions on property returned for taxes, and for other purposes.
By Mr. Jones of Elbert-
House Bill No. 430. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," and for other purposes.
By Mr. Allison of Gwinnett-
House Bill No. 432. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," so as to add a certain road to the System of State Aid Roads, and for other purposes.
By Mr. Wall of Schley-
House Bill No. 435. A bill to be entitled an Act fixing the fee of the Coroner of Schley County, Georgia, and for other purposes.
By Mr. Taunton of Taylor-
House Bill No. 452. A bill to be entitled an Act to increase the salary of the Tax Commissioner of Taylor County, Georgia, from $1200 per annum to $1800 per annum, and for other purposes.
By Mr. Hampton of Fannin-
House Resolution No. 12. A resolution authorizing the State Librarian to furnish to the Ordinary and Clerk of Superior Court of Fannin County certain Supreme Court and Court of Appeals Reports.
By Mr. Harrison of CrawfordHouse Resolution No. 17-29a. A resolution to provide for

MoNDAY, jANUARY 24, 1938.

1187

the furnishing of certain volumes of the Reports of the Supreme Court and Court of Appeals to the Clerk of the Superior Court of Crawford County.

By Mr. Harris of Richmond-

House Resolution No. 112-439a. A resolution relieving Charles R. Wrenn of surety for Harry Flynn on the 13th day of November, 1934, of bond forfeiture, and for other purposes.

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

Mr. Speaker:

The Senate has adopted the report of the Conference Committee on the following bill of the House, to-wit:

By Mr. Rawlins of Ben Hill-

House Bill No. 374. A bill to be entitled an Act to amend the Act creating the office of Commissioners of Roads and Revenues in and for Ben Hill 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 bill of the House, as amended, tO-wit:

By Messrs. Parker of Colquitt, Preston of Bulloch, Lanier of Richmond, Mundy of Polk, Sutton of Wilkes, and Key of Jasper-
House Bill No. 27. A bill to make comprehensive provision for an integrated tax administration for Georgia; to create the Department of Taxation and the office of State Tax Commissioner; 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;



1188

JOURNAL OF THE HousE,

By Senators Forrester of the 44th District, Griner of the 45th District, and Harrison of the 17th District-
Senate Bill No. 121. A bill providing that the members of the State Highway Board shall devote their full time to the performance of the duties of their office, and for other purposes.
The Senate has passed by the requisite constitutional majority the following bill, as amended, of the House, to-wit:
By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton-
House Bill No. 385. A bill providing for the examination of Master Electricians in counties of a certain population, 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. Swindle of Berrien-
House Bill No. 482. A bill to be entitled an Act to amend the charter of the City of Nashville, in the County of Berrien, 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 103, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Campbell of Newton-
House Bill No. 493. A bill to be entitled an Act to reduce the official bond of the Sheriff of Newton 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 104, the nays 0.
The bill having received the requisite constitutional majority was passed.

MoNDAY, jANUARY 24, 1938.

1189

By Mr. McCracken of Jefferson-

House Bill No. 494. A bill to be entitled an Act to amend an Act so as to change the Board of Roads and Revenue of Jefferson County, so that said Board shall consist of three men instead of one, 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, the nays 0.

The bill having received the requisite constitutional majority was passed.

By Mr. Jones of Brantley-

Hause Bill No. 495. A bill to be entitled an Act to amend an Act to abolish the office of Tax Receiver and Tax Collector of Brantley County, and for other purposes.

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

On the passage of the bill, the ayes were 106, the nays 0.

The bill having received the requisite constitutional majority was passed.

Mr. Trapnell of Candler moved that the House reconsider its action in failing to pass the following bill of the House, to-wit:

By Mr. Trapnell of Candler-

House Bill No. 376. A bill to be entitled an Act to amend an Act to reorganize and reconstitute the State Highway Department of Georgia, and for other purposes.

On the motion to reconsider, Mr. Trapnell of Candler moved the ayes and nays, and the call was sustained.

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

Those voting in the affirmative were Messrs.:

Adams Almand Barrett Bennett

Blease Booth Brewton Brooks of Jackson

Brown of Greene Carmichael of Randolph Ohappell Olark

1190

jOURNAL OF THE HousE,

Claxton Clements Cochran Cogdell Oohen Coleman Corbett Culpepper of Fuette Daughtr7 Daves Davis Deal DeFoor Dollar Douglass Drake Dukes Edwards Erwin Etheridge Ferguson
Fitts Freeman Goff Gross Grubbs GUYton Hampton Hand Harden Harrell of Brooks Harrell of Irwin Harris

Harvey Hayes Herndon Hill of Clarke Hill of Screven Hodges Hogg Hollis Holt Houston Houze Joel Johnson Jones of Bartow Jones of Elbert Kendrick Key
Lanham Lanier Larsen Lewis Mankin Manry
Martin Mavity McCracken McCrave7 McGehee McNall Middleton Milam Moore of Baldwin Moore of Haralson

Moore of Lumpkin Newb7 Perr7 Peters Phillips Preston of Walton
Ragan
Rawlins Reid of Carroll Reid of Wilcox Rountree Sabados Salter Sams
Sartain Saunders Smith of Dodge Spence Striplin Tate Todd Trapnell Trippe Vickery Wall Ware Warnock Watkins Weaver Welsch Whitaker
Yeomans

Those voting in the negative were Messrs.:

Barlow Barnard Batchelor Bond Bridges Brown of Peach Olar;v

Croker Dunn Elliott Ennis Evans Gavin Hendrix

Herrin Jones of Dodge Morris Musgrove Parker Scruggs

Those not voting were Messrs.:

Allison Ansley Bargeron

Beck Bradley Brooks of Oglethorpe

Campbell Candler Carmichael of Cobb

MoNDAY, jANUARY 24, 1938.

1191

Ooxon Culpepper of Mitchell Dampier Dean Drinkard Dugas Durden Ellington Field Flanders Fowler Gammage
Gai7 Grayson Groover Hamby Harrison Hart
Hastings
Home Jackson Jones of Brantley

Jones of Jenkins Keel Kirbo Leonard Lewallen Marshall McGraw Miller Moore of Taliaferro Morgan Moss Mundy
Newton Oden Palmour Patten Peebles Pilcher Pirkle Pound Preston of Bulloch Rees

Rowland Sanders Sapp
Simmons Smith of Henry Smith of Muscogee.
Sutton Swindle Tapp
Taunton Thomas Turner Wages Walton Warnell Whaley Whipple
williams of Bacon
Williams of Jones Wilson Zellner Mr. Speaker

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

On the motion to reconsider, the ayes were 110, the nays 20. The motion to reconsider prevailed.

Mr. Houze of Lowndes arose to a question of personal privilege and addressed the House.

The following resolution was read and adopted:

By Messrs. Harris of Richmond, Gross of Stephens, and Key of Jasper-

House Resolution No. 139.

Whereas, Mr. Logan Bleckley, clerk of the Court of Appeals, died on January 23, 1938, and

Whereas, the State of Georgia has not had within this generation a more faithful official or a more widely beloved citizen than Mr. Bleckley, he having served the State most efficiently for more than thirty years and having during that time endeared

1192

JouRNAL OF THE HousE,

himself universally to all the members of the court and all persons having business with it, now, therefore,
Be it resolved, that the General Assembly does hereby express its profound regret at the death of Mr. Bleckley, its appreciation of the services he has rendered to his State, and its sympathy for the members of his family.
Be it further resolved, that a copy of this resolution be spread upon the minutes of this House; and that a copy be sent to his family.
Mr. Harrell of Brooks arose to a question of personal privilege and addressed the House.
Mr. Rees of Webster arose to a question of personal privilege and addressed the House.
The following bill of the House was taken up for the purpose of considering the Senate substitute thereto:
By Mr. Gross of Stephens-
House Bill No. 242. A bill to be entitled an Act to authorize the State Highway Board to use any' funds available to them for the purpose of matching Federal Funds for rural roads, and for other purposes.
The following Senate substitute to House Bill No. 242 was read:
By the Senate-
A BILL
To be entitled an Act to authorize the State Highway Board of Georgia to use any funds available to them for the purpose of matching any Federal Funds which are now or may become available to them for building and constructing Rural Post Roads, Farm-to-Market Roads or Secondary Roads; and for the purpose of improving said Roads; to provide a repealing clause; and for other purposes.
Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same as follows:

MoNDAY, jANUARY 24, 1938.

1193

That the State Highway Board of Georgia shall transfer a sufficient amount of any funds available to them, to the Rural Post Roads Division of Georgia for the purpose of matching all available Federal Funds authorized by the Federal Government to be expended in Georgia in building and constructing Rural Post Roads, Farm-to-Market Roads and/or Secondary Roads. Provided, however, said State Highway Board, within its discretion may, after providing for the State Aid System of Highways, from time to time transfer such other funds as may be available to them, to the Rural Post Roads Division of Georgia to be expended in accordance with existing laws.
Sec. 2. Be it enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith be and the same are hereby repealed.
By una11imous consent, the House disagreed to the Senate subsdtute to House Bill No. 242, and requested the appointment of a Committee of Conference on the part of the Senate to confer with a like committee to be appointed on the part of the House.
The Speaker appointed as a Committee of Conference on the part of the House, the following members, to-wit:
Messrs. Gross of Stephens,
Brewton of Evans, and
Moore of Lumpkin.
Under the order of business established by the Committee on Rules, the following bill of the House was taken up for consideration and read the third time:
By Messrs. Davis, Lanham, and Keel of Floyd-
House Bill No. 484. A bill to be entitled an Act to authorize the boards of education of counties of a certain population to create a retirement or pension fund, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, the nays 0.

1194

JouRNAL OF THE HousE,

The bill having received the requisite constitutional majority was passed.
The following resolution of the House was read:
By Mr. Larsen of LaurensHouse Resolution No. 140.

A RESOLUTION
Whereas, the presiding officers of the General Assembly, in extraordinary session, deemed it advisable to appoint a joint special committee to investigate the pulpwood situation in this State; and
Whereas, this committee has already secured much valuable information pertaining to this important subject, as embodied in a report of the Director of Forestry, and
Whereas, it is the opinion of this body that more time is needed by the committee to secure further facts and figures on pulpwood for presentation to the General Assembly.
Therefore, be it resolved, by the House of Representatives, the Senate concurring, that the period of appointment of said special committee on pulpwood be extended for an additional twelve months from the date of final adjournment of this body.
Be it further. resolved, that said committee shall report its findings and recommendations to the next regular session of the General Assembly.
Be it further resolved, that said committee shall have and exercise full power of subpoena including the right to require any person, firm, or corporation to produce records, files, and all documents and letters pertaining to the subjects as outlined in the report of the Director of Forestry.
The following amendment to House Resolution No. 140 was read and adopted:
Mr. Larsen of Laurens moves to amend Special Committee Resolution No. 140 on Pulpwood, as follows:

MoNDAY, jANUARY 24, 1938.

1195

By adding between the words "subpoena" and "including" in line two of the last paragraph of said resolution the following, "to compel the attendance and testimony of witnesses, and" which said amended paragraph shall then read as follows:
"Be it further resolved that said committee shall have and exercise full power of subpoena to compel the attendance and testimony of witnesses, and including the right to require any person, firm, or corporation to produce records, files, and all documents and letters pertaining to the subjects as outlined in the report of the Director of Forestry."
On the adoption of the resolution, as amended, the ayes were 61, the nays 43.
The resolution, as amended, was lost.
Messrs. Evans of McDuffie, DeFoor of Mcintosh, and Brown of Peach requested the Journal to show that they cast their votes against the adoption of the resolution.
The following resolution was read and referred to Committee on General Judiciary No. 2:
House Resolution No. 141. A resolution authorizing the Attorney General to give opinions to members of the General Assembly, and for other purposes.
Under the order of business established by the Committee on Rules, the following bill of the House was taken up for consideration and read the third time:
By Messrs. Davis, Keel, and Lanham of Floyd-
House Bill No. 448.
A BILL
To be entitled an Act to propose to the qualified voters of Georgia an amendment to Article 8, Section 4, Paragraph 1 of the Constitution of Georgia, so as to authorize Floyd County, Georgia, to levy an additional tax for high school purposes, on all the taxable property of the county except that property within the City of Rome which shall be exempt from said tax, when approved by a majority of the qualified voters of said

JouRNAi.. oF THE Boust,
county living outside the City of Rome voting at an election to pass upon such tax but if a majority of the qualified voters living outside the City of Rome should vote in favor of ratifying this Constitutional amendment at the general election to be held on Tuesday after the first Monday in November, 1938, then it shall not be necessary for the County Commissioners of Roads and Revenue of Floyd County to call a special election.
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Article 8, Section 4, Paragraph 1, of the Constitution of Georgia, as heretofore amended, shall be further amended by adding at the end thereof a new subparagraph in the following words, to-wit: Floyd County, Georgia, shall be authorized to levy a tax for high school purposes of not exceeding twenty cents on the hundred dollars of all taxable property in said county lying outside the City of Rome, in addition to all other taxes which it is now authorized by law to levy, upon approval of a majority of the qualified voters of said county living outside the City of Rome voting at an election held for the purpose of passing upon such a tax but if a majority of the qualified voters living outside the City of Rome should vote in favor of ratifying this Constitutional amendment at the general election to be held on Tuesday after the first Monday in November, 1938, then it shall not be necessary for the County Commissioners of Roads and Revenue of Floyd County to call a special election; Provided, however, that should a majority of the qualified voters of Floyd County living outside the City of Rome vote against this Constitutional amendment in the election to be held on Tuesday after the first Monday in November, 1938. Then if and when this amendment shall be ratified it shall be the duty of the County Commissioners of Roads and Revenue of Floyd County to call a special election within one year after the ratification and approval of this Constitutional amendment by the people of Georgia, the county to pay the expenses of said election or elections to pass upon said tax, which election shall be held in the same manner as other elections are held in said county.
Sec. 2. Notice of said election shall be published by said County Commissioners of Roads and Revenue, in the newspaper in which sheriffs' advertisements in said county are published

MoNDAY, jANUARY 24, 1938.

1197

once a week for four weeks consecutively before said election is held. The rate of taxation to be levied for high school purposes shall be that recommended by the Board of Education of Floyd County, but not to exceed the limit herein specified. The returns of said election shall be made to the Ordinary of said county, and the results declared by him. If the first election held should be adverse to such tax, it shall be the duty of the County Commissioners of Roads and Revenue of said county to again submit to the voters of Floyd County living outside the City of Rome the question of whether such tax shall be levied when they are requested so to do by the Board of Education of Floyd County; provided elections shall not be held for this purpose within less than one year of each other. When a tax for high school purposes shall have been approved by the voters of Floyd County living outside the City of Rome, it shall be the duty of the County Commissioners of Roads and Revenue to include in their next regular annual levy of taxes such tax for high school purposes as may be recommended by the Board of Education of Floyd County, but not to exceed the limit specified of twenty cents on the hundred dollars of taxable property, such tax to be levied annually thereafter as recommended by the Board of Education of Floyd County. All monies arising from said tax shall be turned over to the Board of Education of Floyd County, Georgia, for expenditures for high school purposes only, and said board shall have the right to make such arrangements with any high school in the county for high school work as it may deem advisable. The Floyd County Board of Education shall have the right to use the money derived from this tax for building, equipping, and operating high schools if in the judgment it should become necessary.

Sec. 3. Be it further enacted by authority aforesaid that whenever the proposed amendment to the Constitution shall be agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly, and the same has been entered on their Journals with the ayes and the nays taken thereon the Governor shall and he is hereby authorized and instructed to cause said amendment to be published in at least two newspapers in each Congressional District in this State, for the period of two

1198

JouRNAL oF THE HousE,

months next preceding the time of holding the next general election.

Sec. 3. Be it further enacted by the authority aforesaid, that the amendment to the Constitution herein proposed shall be submitted for ratification or rejection to the voters of this State at the next general election to be held on Tuesday after the first Monday in November, 1938. All persons voting in said election in favor of adopting the proposed amendment shall have written or printed on their ballots the words, "For amendment to authorize Floyd County, Georgia, to levy extra tax for high school purposes on all taxable property outside the City of Rome" and all persons opposed to. the adoption of the amendment shall have written or printed on their ballots the words "Against amendment to authorize Floyd County, Georgia, to levy extra tax for high school purposes on all taxable property outside the City of Rome."

Sec. 4. Be it further enacted that it shall be the duty of the Secretary of State to certify the results of the vote on this amendment to the Governor; and when such vote is so certified, if it shall appear that a majority of the qualified voters in favor of said amendment, then the same shall become a part of Article eight, Section four, Paragraph one, of the Constitution of Georgia and the Governor shall issue his proclamation to that effect as provided by law.

Sec. 5. Be it further enacted, that all laws and parts of laws in conflict herewith are hereby repealed.

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

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

Those voting in the affirmative were Messrs.:

Adams Allison Almand Barlow Barnard

Barrett Batchelor Blease Bond Booth

Bradley Brewton Bridges Brooks of Oglethorpe Brown of Greene

MoNDAY, jANUARY 24, 1938.

1199

Brown of Peach Candler Clark Clary Claxton Clements Cochran Cogdell Cohen Coleman Corbett Coxon Croker Culpepper of Fayette Daughtry Daves Davis Deal Dean DeFoor Dollar Douglass Drake Dugas Dukes Dunn Edwards Elliott Ennis Erwin Etheridge Evans Ferguson Fitts Fowler Freeman Gammage
Gavin Goff Gross Groover Grubbs GUYton Hand Harden

Harrell of Brooks Harrell of Irwin Harris Harrison Harvey Hayes
Hendrix Herndon Herrin Hill of Clarke Hodges Hogg Hollis Holt Houston Houze Jackson Joel Johnson Jones of Bartow Jones of Brantley Jones of Dodge Jones of Elbert Kendrick Key
Kirbo Lanham Lanier Leonard Lewallen Lewis Mankin
Manry
Martin Mavity McCracken McCravey McGehee McGraw McNall Middleton Milam Moore of Baldwin Moore of Haralson

Moore of Lumpkin Moore of Taliaferro Mundy Musgrove Newby Parker Perry Peters Phillips Pilcher Preston of Walton Ragan Reid of Carroll Reid of Wilcox Rountree Sabados Salter Sams Sapp Sartain Scruggs Simmons Smith of Dodge Smith of Henry Spence Striplin Tate Todd Trapnell Trippe
Turner Vickery Wall Ware Warnock Watkins Weaver Welsch Whipple Whitaker Williams of Bacon Williams of Jones Yeomans Zellner

1200

JOURNAL OF THE HousE,

Those not voting were Messrs. :

Ansley

Hampton

Bargeron

Hart

Beck

Hastings

Bennett

Hill of Screven

Brooks of Jackson

Horne

Campbell

Jones of Jenkins

Carmichael of Cobb

Keel

Carmichael of Randolph Larsen

Chappell

Marshall

Culpepper of Mitchell Miller

Dampier

Morgan

Drinkard

Morris

Durden

Moss

Ellington

Newton

Field

Oden

Flanders

Palmour

Gary

Patten

Grayson

Peebles

Hamby

Pirkle

Pound Preston of Bulloch Rawlins Rees Rowland Sanders Saunders Smith of Muscogee Sutton Swindle Tapp Taunton Thomas Wages Walton Warnell Whaley Wilson Mr. Speaker

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

On the passage of the bill, the ayes were 148, the nays 0.

The bill having received the requisite two-thirds constitutional majority was passed.
Under the order of unfinished business, the following bill of the House was taken up for consideration:

By Mr. Parker of Colquitt-
House Bill No. 204. A bill to be entitled an Act to be known as the Uniform Warehouse Receipts Law, and for other purposes.

The following amendment to House Bill No. 204 was read and adopted:
Mr. Ware of Troup moves to amend House Bill No. 204 by striking Section (66) Sixty-six in its entirety and inserting in lieu thereof the following:
Section Sixty-six (66). Time when the Act takes Effect. This Act shall take effect on the first day of July, Nineteen hundred thirty-eight (1938).

MoNDAY, jANUARY 24, 1938.

1201

Mr. Allison of Gwinnett moved the previous question and the call was sustained.
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 103, the nays 2.
The bill having received the requisite constitutional majority was passed, as amended.
Dr. Charles H. Berty, distinguished Scientist and Chemist, appeared before the House and made a brief address.
Mr. Sutton of Wilkes moved that the House recess for one hour, and the motion prevailed.
1:55 o'clock P. M.
The Speaker called the House to order.
Under the orders of the day, the following bill of the House was again taken up for consideration:
By Mr. McGraw of Meriwether-
Hause Bill No. 437. A bill to be entitled an Act to fix and provide for the compensation to be paid members of the Board of Education of certain counties in the State of Georgia, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, the nays 0.
The bill having received the requisite constitutional majority was passed.
Under the order of business established by the Committee on Rules, the following bills and resolutions of the House were taken up for consideration and read the third time:
By Messrs. Booth of Barrow, Brooks of Jackson, Fitts of Madison, and Joel of Clarke-

1202

JouRNAL oF THE HousE,

House Resolution No. 132-485a. A resolution to pay tribute and honor to one of Georgia's noble sons without any expense to the State of Georgia by naming the Highway beginning at Jefferson, Jackson County, and ending at Athens, Georgia, in honor of Crawford W. Long, and for other purposes.
The following amendment to House Resolution No. 132-485a was read and adopted:
Messrs. Palmour and Phillips of Hall move to amend House Resolution No. 132-485a by adding the road from Gainesville, Georgia, in Hall County to Jefferson, Georgia, in Jackson County so that the road will lead from Gainesville, Georgia, via of Jefferson, Georgia, to Athens, Georgia.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to, as amended.
On the adoption of the resolution, as amended, the ayes were 105, the nays 0.
The resolution having received the requisite constitutional majority was adopted, as amended.
By Mr. Reid of Wilcox-
House Bill No. 491. A bill to be entitled an Act to amend the Highway Mileage Act by adding a certain road to the State Aid System of Roads, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, the nays 1.
The bill having received the requisite constitutional majority was passed.
By Messrs. Hogg of Marion and Taunton of Taylor-
House Bill No. 490. A bill to be entitled an Act to amend the Highway Mileage Act by adding a certain road to the State Aid System of Roads, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

MoNDAY, jANUARY 24, 1938.

1203

On the passage of the bill, the ayes were 104, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Drake of Seminole and Hayes of Miller-
House Bill No. 481. A bill to be entitled an Act to amend the Highway Mileage Act by adding a certain road to the State Aid System of Roads, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Dugas of White and Jackson of Habersham-
House Bill No. 485. A bill to be entitled an Act to amend the Highway Mileage Act by adding a certain road to the State Aid System of Roads, 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, the nays 5.
The bill having received the requisite constitutional majority was passed.
Under the order of business established by the Committee on Rules, the following bill of the Senate was again taken up for consideration:
By Senator Williams of the 5th District-
Senate Bill No. 72.
A BILL To be entitled an Act to propose to the qualified voters of Georgia
an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize the trustees of the Pineview-Jamestown Consolidated School District of Ware County, Georgia, to incur a bonded indebtedness in addition

1204

JouRNAL oF THE HousE,

to that heretofore authorized by the Constitution and laws of Georgia for the purpose of refunding and retiring its existing bonded indebtedness due and unpaid as of March 1, 1934, March 1, 1935, March 1, 1936, March 1, 1937, and which becomes due up to and inCluding March 1, 1951; to provide that the funds raised from such additional bonded indebtedness shall be used exclusively for the retirement of said bonded indebtedness that is or may become due and unpaid as of March 1, 1951; to provide the terms of their issue; to provide for the submission of the amendment for ratification by the people; and for other purposes.
Be it enacted by the General Assembly of the State of Georgia:
Section 1. Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, is hereby amended by adding at the end thereof a new paragraph in the following words, to-wit:
"And except that the Pineview-Jamestown Consolidated School District of Ware County, Georgia, may issue refunding serial bonds not in the excess of the aggregate sum of $25,000.00 for the purpose of refunding and retiring any bonded indebtedness of said school district, outstanding, past due and unpaid on March 1, 1937, and any bonded indebtedness of said school district outstanding and which becomes due up to and including March 1, 1951, and provide for the assessment and collection of an annual tax, sufficient in amount to pay the principal and interest of said bonds as they fall due; the proceeds of all such refunding bonds so issued by the said Pineview-Jamestown Consolidated School District of Ware County to be used exclusively for the purpose of paying and retiring said bonded indebtedness that is or may become due and unpaid as of March 1, 1951. Said refunding bonds shall be issued when authorized by a vote of the trustees of the said Pineview-Jamestown Consolidated School District and shall be validated."
Sec. 2. When said amendment is agreed to by two-thirds vote of the members of each House, with the" ayes" and" nays" thereon, it shall be published in one or more newspaper in each Congressional District in this State for two months previous to the time for holding the next general election, at which proposed amendments to the Constitution of this State may be voted on,

MoNDAY, jANUARY 24, 1938.

1205

and shall, at said next general election be submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, "For ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the Pineview-Jamestown Consolidated School District of Ware County to issue refunding bonds," and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words, "Against ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the PineviewJamestown Consolidated School District of Ware County to issue refunding bonds," and if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof, when the results shall be consolidated as now required by law in election for members of the General Assembly, the said amendment shall become part of Article 7, Section 7, Paragraph 1, of the Constitution of the State and the Governor shall make a proclamation thereof, as provided by law.
Sec. 3. When said amendment has been ratified and proclamation has been issued by the Governor all laws and parts of laws in conflict herewith are repealed.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
The bill involving an amendment to the Constitution of the State of Georgia, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Ansley Barlow Barnard Batchelor Beck Bennett Bond Booth Bradley

Brewton

Olements

Bridges

Cochran

Brooks of Oglethorpe Cogdell

Brown of Greene

Cohen

Brown of Peach

Coleman

Carmichael of Cobb

Corbett

Carmichael of Randolph Daves

Olark

Deal

Olar;v

Dean

Olaxton

DeFoor

1206

joURNAL OF THE HousE,

Dollar Douglass Drake Dugas Dukes Dunn Edwards Ellington Elliott Erwin Etheridge Evans Ferguson Fitts Fowler Gavin Goff Gross Groover Grubbs GlU'ton Hand Harden Harrell of Brooks Harrell of Irwin Harris Harrison Hart Harvey Hayes Hendrix Herndon Herrin Hill of Clarke Hill of Screven Hodges Hogg

Hollis Holt Houston Houze Joel Johnson Jones of Brantley Jones of Dodge Jones of Elbert Kendrick Key
Kirbo Lanham Lanier Larsen Lewallen Lewis Mankin Manry
McCracken McCravey McGraw McNall Middleton Milam Miller Moore of Baldwin Moore of Haralson Moore of Lumpkin Moore of Taliaferro Morris Mundy Musgrove Newby Parker Perry

Those not voting were Messrs.:

Allison Almand Bargeron Barrett Blease Brooks of Jackson Campbell Candler

Chappell Coxon Croker Culpepper of Fayette Culpepper of Mitchell Dampier Daughtry Davis

Peters Phillips Pilcher Pirkle Pound Preston of Walton Rawlins Reid of Wilcox Rountree Sabados Salter Sams Sanders Sapp Sartain Scruggs Simmons Smith of Dodge Spence Sutton Tate Todd Thomas Trippe Turner Vickery Wall Ware Watkins Weaver Welsch Whipple Whitaker Williams of Bacon Williams of Jones Yeomans
Drinkard Durden Ennis Field Flanders Freeman Gammage
Gary

MoNDAY, jANUARY 24, 1938.

1207

Grayson Hamby Hampton
Hastings
Horne Jackson Jones of Bartow Jones of Jenkins Keel Leonard Marshall Martin Mavity McGehee

Morgan Moss Newton Oden Palmour Patten Peebles Preston of Bulloch Ragan Rees Reid of Oarroll Rowland Saunders Smith of Henry

Smith of Muscogee Striplin Swindle Tapp Taunton Trapnell Wages Walton Warnell Warnock Whaley Wilson Zellner Mr. Speaker

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

On the passage of the bill, the ayes were 139, the nays 0.

The bill having received the requisite two-thirds constitutional majority was passed.

Under the order of business established by the Committee on Rules, the following bills of the House were taken up for consideration and read the third time:

By Mr. Newby of Twiggs-

Hause Bill No. 369.

AN ACT
To propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize the trustees of the Jeffersonville Consolidated School District of Twiggs County, Georgia, to incur a bonded indebtedness in addition to that heretofore authorized by the Constitution and laws of Georgia, for the purpose of refunding and retiring its existing bonded indebtedness due and unpaid as of February 1, 1937 and which shall become due up to and including February 1, 1941; to provide that the funds raised from such additional bonded indebtedness shall be used exclusively for the retirement of said bonded indebtedness that is or may become due and unpaid up to and including February 1, 1941; to provide the terms of their issue; to provide for the

1208

JouRNAL oF THE HousE,

submission of the amendment for ratification by the people; and for other purposes.
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by . adding at the end thereof a new paragraph in the following words, ta-wit:
"And except that the Jeffersonville Consolidated School District, of Twiggs County, Georgia, may issue refunding serial bonds not in the excess of the aggregate sum of $27,000.00 for the purpose of refunding and retiring any bonded indebtedness of the said Jeffersonville Consolidated School District, outstanding, past due and unpaid as of February 1, 1937, and any bonded indebtedness of said Jeffersonville Consolidated School District which becomes due up to and including February 1, 1941, and provide for the assessment and collection of an annual tax, sufficient in amount to pay the principal and interest of said bonds as they fall due; the proceeds of all such refunding bonds so issued by the said Jeffersonville Consolidated School District of Twiggs County, Georgia, to be used exclusively for the purpose of paying and retiring said bonded indebtedness that is or may become due and unpaid up to and including February 1, 1941. Said refunding bonds shall be issued when authorized by a vote of the trustees of the said Jeffersonville Consolidated School District and shall be validated."
Sec. 2. When said amendment is agreed to by two-thirds vote of the members of each House, with the "ayes" and "nays" thereon, it shall be published in one or more newspapers in each Congressional District in this State for two months previous to the time for holding the next general election, at which proposed amendments to the Constitution of this State may be voted on, and shall, at said next general election be submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, "For ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the Jeffersonville Consolidated School

MoNDAY, jANUARY 24, 1938.

1209

District of Twiggs County, Georgia, to issue refunding bonds," and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words, "Against ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the Jeffersonville Consolidated School District of Twiggs County to issue refunding bonds," and if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof, when the results shall be consolidated as now required by law in election for members of the General Assembly, the said amendments shall become part of Article 7, Section 7, Paragraph 1, of the Constitution of the State and the Governor shall make a proclamation thereof, as provided by law.
Sec. 3. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed.
The report of the committee, which was favorable to the passage of the bill, 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 Allison Almand Ansley Barlow Barnard Batchelor Beck Bennett Blease Bond Booth Bradley Brewton Bridges Brooks of Oglethorpe Brown of Greene

Brown of Peach Carmichael of Cobb Chappell Clark Clary
Claxton Clements Cochran Cohen Coleman Corbett Coxon Culpepper of Fayette Daves Davis Deal Dean

DeFoor Dollar Douglass Drake Dugas Dukes Dunn Edwards Ellington Elliott Erwin Etheridge Evans Ferguson Fitts Gavin Goff

1210

jOURNAL OF THE HousE,

Gross Groover Grubbs Guyton Hand Harden Harrell of Brooks Harrell of Irwin Harris Harrison Hart Harvey Hayes Hendrix Herndon Herrin Hill of Clarke Hill of Screven Hodges Hogg Hollis Holt Houston Houze Jackson Joel Johnson Jones of Brantley Jones of Dodge Jones of Elbert

Key Lanham Larsen Lewallen Lewis Mankin Manry McCracken McCraveY McGraw McNall Middleton Milam Miller Moore of Baldwin Moore of Haralson Moore of Lumpkin Moore of Taliaferro Morris Mundy Musgrove Newby Parker Perry Phillips Pilcher Pirkle Pound Preston of Walton Rawlins

Those not voting were Messrs.:

Bargeron

Flanders

Barrett

Fowler

Brooks of Jackson

Freeman

Campbell

Gammage

Candler

Gary

Carmichael of Randolph Grayson

Cogdell

Hamby

Croker

Hampton

Culpepper of Mitchell Hastings

Dampier

Home

Daughtry

Jones of Bartow

Drinkard

Jones of Jenkins

Durden

Keel

Ennis

Kendrick

Field

Kirbo

Reid of Wilcox Rountree Sabados Salter Sams Sanders Sapp Sartain Scruggs Simmons Smith of Dodge Spence Sutton Tate Todd Trippe Turner Vickery Wall Ware Warnock Watkins Weaver Welsch Whipple Whitaker Williams of Bacon Williams of Jones Yeomans
Lanier Leonard Marshall Martin MavitY McGehee Morgan Moss Newton Oden Palmour Patten Peebles Peters Preston of Bulloch

MoNDAY, jANUARY 24, 1938.

1211

Ragan
Rees Reid of Oarroll Rowland Saunders Smith of Henry Smith of Muscogee

Striplin Swindle Tapp Taunton Thomas Trapnell Wages

Walton Warnell Whaley Wilson Zellner Mr. Speaker

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

On the passage of the hill, the ayes were 140, the nays 0.

The hill having received the requisite two-thirds constitutional majority was passed.

By Mr. Watkins of Butts-

House Bill No. 243.

A BILL

To he entitled an Act to submit to the qualified voters of Georgia, an amendment to Paragraph 1, Section 8 of Article 7 of the Constitution of Georgia, by providing for the assumption and payment by the State of Georgia of all indebtedness due to persons heretofore incurred for the construction and/or paving of public roads or highways of the State in incorporated cities and towns of less than 2,500 inhabitants which have become a part of the State Aid Roads of the Highway System of Georgia; to define said indebtedness; to provide for the method of payment of said indebtedness; to authorize the General Assembly to enact laws to render effectual the foregoing provisions; and for other purposes.

Be it enacted by the General Assembly of Georgia:

Section 1. Paragraph 1 of Section 8 of Article 7 of the Constitution of this State is hereby amended by adding at the end of said paragraph the following:

"Provided, however, that all amounts made by individual persons and property owners on assessments or otherwise for paving or other improvements on streets in cities and towns of this State with a population of less than 2,500, which have hecome a part of the State Aid roads of the Highway System of

1212

JouRNAL OF THE HousE,

Georgia, are debts due to such persons which are assumed by the State of Georgia as an indebtedness of the State. The General Assembly is authorized to enact laws defining and determining the amount of these debts, and to provide a method for their payment.
Sec. 2. Whenever the above proposed amendment to the Constitution of this State shall he agreed to by two-thirds of the members elected to each of the Houses of the General Assembly, and the same has been entered upon the Journals with the" ayes" and "nays" taken thereon, the Governor shall cause the above proposed amendment to he published in one or more newspapers in each Congressional District in this State for a period of two months next preceding the time of the holding of the next general election, and the Governor is hereby authorized and directed to provide for the submission of this proposed amendment for ratification or rejection to the electors of the State at the next general election. All persons voting at such election in favor of adopting such proposed amendment shall have written or printed on their ballots, "For amendment to Paragraph 1, Section 8 of Article 7 of the Constitution, providing for the assumption by the State of Georgia of the indebtedness of persons incurred in paving highways in cities and towns of less than 2,500 inhabitants." All persons voting against the adoption of said proposed amendment shall have written or printed upon their ballots," Against amendment to Paragraph 1, Section 8 of Article 7 of the Constitution, providing for the assumption by the State of Georgia of the indebtedness of persons incurred in paving highways in cities and towns of less than 2,500 inhabitants." If a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification, the Governor shall issue his proclamation announcing such result and declaring the amendment ratified.

Mr. Sahados of Dougherty moved the previous question, and the call was sustained.
An amendment offered by Mr. Elliott of Muscogee was read. Mr. Hodges of Liberty moved that the bill he tabled. On the motion to table, the ayes were 78, the nays 40. The bill was tabled.

MoNDAY, JANUARY 24, 1938.

1213

The following resolution of the House was read and adopted:
By Mr. Joel of Clarke-
House Resolution No. 142. A resolution felicitating Mr. and Mrs. Randall Evans on the birth of a baby daughter, and for other purposes.
Under the orders of the day, the following bill of the Senate was again taken up for consideration:
By Senators Shedd of the 3rd District, Knabb of the 4th District, Williams of the 5th District, Sikes of the 49th District, and Atwood of the 2nd District-
Senate Bill No. 4. A bill to be entitled an Act to validate the incorporation of Timber Protective Associations, and for other purposes.
Mr. Beck of Carroll moved the previous question, and the call was sustained.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 119, the nays 0.
The bill having received the requisite constitutional majority was passed.
The following resolution of the House was read:
By Mr. Joel .of Clarke-
House Resolution No. 143. A resolution providing for a recess adjournment until Thursday, January 27th, 1938, and reconvening on that date to hear a message from the Governor, and for other purposes.
Mr. Sabados of Dougherty moved that the resolution be tabled, and the motion prevailed.
Under the order of business established by the Committee on Rules, the following bill of the House was taken up for consideration and read the third time:
By Mr. Musgrove of Clinch-
House Bill No. 382.

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JouRNAL OF THE HousE,

A BILL
An Act to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize the City of Homerville, Clinch County, Georgia, to refund a bonded indebtedness, in addition to that heretofore authorized by the Constitution and laws of Georgia, for the purpose of refunding and retiring its present or any future bonded indebtedness legally incurred that may be due and unpaid, provided that same shall not be in excess of the amount municipalities are now authorized to incur, and provided that the funds raised from such additional bonded indebtedness shall be used exclusively, and for no other purpose, for the retirement of said bonded indebtedness that may exist for the present time or in the future, and to provide for same as may become due or unpaid, and to authorize the governing authorities of the City of Homerville without a vote of the people, to authorize the issuance of said refunding bonds to meet the present or any future indebtedness that may be incurred and to provide for the submission of this amendment for ratification by the people; and for other purposes.
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding at the end thereof a new paragraph in the following words, ta-wit:
"And except that the City of Homerville, in Clinch County, Georgia, for its present or future bonded indebtedness, may issue serial refunding bonds not in excess of the legally authorized outstanding unpaid bonded indebtedness, which includes principal and interest, for the purpose of refunding and retiring any bonded indebtedness for said City of Homerville municipality, and providing for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said refunding bonds as they shall fall due; the proceeds of such refunding bonds that may be issued as herein provided to be used exclusively for the purpose of paying and retiring said

MONDAY, jANUARY 24, 1938.

1215

bonded indebtedness that is due or that may become due and unpaid on any future bonded indebtedness, and provided further that said refunding bonds shall be issued only when authorized by a vote of the governing body of the city of Homerville, and then shall be validated as is provided by law."
Sec. 2. Be it further enacted by the authority aforesaid, that when said amendment shall be agreed to by two-thirds vote of the members of each House, with the "ayes" and "nays" thereon, the Governor is hereby directed to have this proposal published in one or more newspapers in each Congressional District in this State for two months previous to the time for holding the next general election, at which proposed amendments to the Constitution of this State may be voted on, and shall at said general election be submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, "For ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the City of Homerville to issue refunding bonds," and all persons opposed to the adopting of said amendment shall have written or printed on their ballots the words "Against ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the City of Homerville to issue refunding bonds." And if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof as provided by law, the result shall be consolidated as now required by law in election for members of the General Assembly, the said amendment shall become a part of Article 7, Section 7, Paragraph 1, of the Constitution of the State and the Governor shall make a proclamation therefor, as provided by law.
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:

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JouRNAL OF THE HousE,

Those voting in the affirmative were Messrs.:

Adams Allison Almand Ansley Barlow Barnard Barrett Batchelor Beck Bennett Blease Bond Booth Bradley Brewton Bridges Brooks of Jackson Brooks of Oglethorpe Brown of Peach Carmichael of Cobb Olary Claxton Clements Cochran Coleman Corbett Coxon Croker Culpepper of Fayette Daves Deal Dean DeFoor Dollar Douglass Drake Dugas Dukes Dunn Edwards Elliott Erwin Etheridge Evans Ferguson Fitts Fowler

Freeman Gammage Gavin Goff Gross Groover Grubbs GuYton Hand Harden Harrell of Brooks Harrell of Irwin Harris Harrison Hart Harvey Hayes Hendrix Herndon Herrin Hill of Screven Hodges Hollis Holt Houston Houze Jackson Joel Johnson Jones of Brantley Jones of Dodge Jones of Elbert Kendrick Key Kirbo Lanham Lanier Larsen Lewallen Lewis Mankin Manry McCracken McCravey McGraw McNall

Middleton
Milam Moore of Baldwin Moore of Haralson Moore of Taliaferro Morris Mundy Musgrove Newby Parker Perry Peters Phillips Pilcher Pound Preston of Walton Rawlins Rees Reid of Carroll Reid of Wilcox Rountree Sabados Sams Sanders Sapp Sartain Scruggs Simmons Smith of Dodge Spence Striplin Sutton Todd Thomas Trapnell Trippe Turner Vickery Ware Warnock Watkins Weaver Welsch Williams of Bacon Williams of Jones Yeomans

MoNDAY, JANUARY 24, 1938.

1217

Those not voting were Messrs.:

Bargeron

Hampton

Brown of Greene

Hastings

Oampbell

Hill of Olarke

Oandler

Hogg

Carmichael of Randolph Horne

Ohappell

.Jones of Bartow

Olark

.Jones of .Jenkins

Oogdell

Keel

Oohen

Leonard

Culpepper of Mitchell Marshall

Dampier

Martin

Daughtry

Mavity

Davis

McGehee

Drinkard

Miller

Durden

Moore of Lumpkin

Ellington

Morgan

Ennis

Moss

Field

Newton

Flanders

Oden

Gary

Palmour

Grayson

Patten

Hamby

Peebles

Pirkle Preston of Bulloch Ragan Rowland Salter Saunders Smith of Henry Smith of Muscogee Swindle Tapp Tate Taunton Wall Wages Walton Warnell Whaley Whipple Whitaker Wilson Zellner Mr. Speaker

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

On the passage of the bill, the ayes were 139, the nays 0.

The bill having received the requisite two-thirds constitutional majority was passed.

The following resolution of the House was read and adopted:

By Messrs. Lanham and Davis of Floyd-

House Resolution No. 144. A resolution extending sympathy to the parents and grandparents of James Glenn Nance, in his illness, and for other purposes.

The following bill of the House was taken up for the purpose of considering the Senate amendments thereto:

By Messrs. Parker of Colquitt, Preston of Bulloch, Lanier of Richmond, Mundy of Polk, Sutton of Wilkes, and Key of Jasper-

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JouRNAL OF THE HousE,

House Bill No. 27. A bill to be entitled an Act to make comprehensive provision for an integrated tax administration for Georgia, and for other purposes.

The following Senate amendments to House Bill No. 27 were taken up for consideration:

By the Senate--
By Senator Lindsay of the 34th District-
To amend Section 1, Chapter 1, by inserting in the 4th line of Section 1 after the word" which" the word" officer."

By Senator Lindsay of the 34th District-
To amend by inserting in line 8, Section 1, Chapter 1, after the word" person," the words" firm or corporation."

By Senator Lindsay of the 34th District-
To amend Chapter 1, Section 1, by adding at the end of said Section, after changing the period to a comma, the words "or may from time to time be legally constituted."

By Senator Lindsay of the 34th District-
To amend Chapter 2, Section 2, as follows: By inserting on line 5, after the word "years" the words "provided, however," and striking the words on the 5th and 6th lines "on the first of January, 1938" and substituting 'in lieu of such words, the following: "at the time of appointment and running to January 1, 1943."

By Senator Millican of the 52nd District-
To amend Section 2 by striking out said section in its entirety and inserting in lieu thereof the following:

"Sec. 2. Creation of Department and Office. The Office of State Tax Commissioner and the Department of Taxation are hereby created. The Commissioner shall be the Comptroller General of the State of Georgia. He shall receive no additional

MoNDAY, jANUARY 24, 1938.

1219

compensation for performing the duties of State Tax Commissioner."
Senator Terrell of the 19th District offered the following amendment to House Bill No. 27:
To amend Section 2 by striking from lines 3, 4, 5, and 6 of said section the words: "The Commissioner shall be appointed by the Governor" through the words "first of January, 1938" and by striking all of amendment to said section and substituting in lieu of the words so stricken in lines 3, 4, 5, and 6 of the original bill the following:
"The Commissioner shall be elected in the same manner and for the same length of term of office as members of the State Public Service Commission are now elected, the first term beginning on the first day of January, 1939. Provided, however, the Governor may appoint a Commissioner who may hold said office, under said appointment, up to and until January 1, 1939, or until his successor is duly qualified, as is provided for in this Act, or until said Commissioner, so appointed, is removed, for any cause, as herein provided for."
By the Committee-
To amend Section 3 by striking said Section and inserting in lieu thereof a Section to be known as Section 3 as follows:
"Sec. 3. Vacancies, Removal. If a vacancy shall occur in the office of the State Tax Commissioner otherwise than by expiration of term, it shall be filled by appointment by the Governor for the unexpired term. Whenever the Governor shall have trustworthy information that the Commissioner is insane, or has absconded or concealed himself, or grossly neglects his duties, or he is guilty of conduct plainly violative of his duties, or demeans himself in office to the hazard of the public funds or credit of the State, the Governor shall call a council to be composed of the Attorney General, Secretary of State, the State Treasurer, and if they, or a majority of them, after an examination into the truth of such information, shall find the same to be true, the Governor shall suspend said Commissioner from office until the next session of the General Assembly

1220

JOURNAL oF THE HousE,

and issue proclamation thereof, and he shall submit to said body his action in the premises and the reasons therefor. Said suspension shall continue until the General Assembly shall otherwise direct."
By Senator Lindsay of the 34th District-
To amend the above committee amendment to Section 3 by adding after the word "term" in line three the words "subject to the approval of the Senate."
By Senator Forrester of the 44th District-
To amend Section 3a by changing the period at the end of line 4 to a comma, and adding the following words:
"and no person other than a bona fide resident of the State of Georgia for more than ten years shall ever be eligible to appointment as State Tax Commissioner."
By the Committee-
To amend Section 4 by striking the same in its entirety and inserting in lieu thereof the following:
"Sec. 4. Powers and Duties, in General. The State Tax Commissioner is hereby vested with all the power and authority and hereby required to perform all the duties formerly vested in the State Revenue Commission, and is hereby vested with all the power and authority and required to perform all the duties relating to matters of Petroleum Inspection taxation, and licenses heretofore vested in the Comptroller General (except licenses to insurance companies and their agents) and he is also vested with all the power and authority and required to perform all the duties relating to taxation and licenses heretOfore vested in any State administrative officer or State Department, but the powers and authorities by this section vested in the State Tax Commissioner shall be the powers and authority of said officers as modified, limited and enlarged by this Act."
By Senator Millican of the 52nd District-
To amend the above committee amendment to Section 4 by striking the words "Petroleum Inspection" in line 5.

MoNDAY, jANUARY 24, 1938.

1221

By the Committee-
To amend Section 5 by striking said Section and inserting in lieu thereof a section to be known as Section 5, as follows:
"Sec. 5. Enumeration of Duties. In addition to other duties assigned by law to the Commissioner, but without limitation of the same, it is hereby specifically provided that he shall; (a) direct that appropriate legal action be taken to enforce the revenue laws of Georgia; (b) require the Attorney General to command the services of solicitors general or to supply legal assistance from the Department of Law; (c) supervise all tax administration throughout the State; (d) make thorough study of taxation in Georgia and elsewhere with a view to improvement of administration and legislation affecting the people of Georgia; (e) make an annual report to the Governor and a biennial report to each regular session of the General Assembly; (f) publish such regulations, statistics, and other reports as he may deem wise within the limitations of his appropriation; (g) assist local tax officials in every feasible manner; and (h) as responsible revenue official of the State, advise the Governor on all matters relating to revenue."
By Senators Spivey of the 16th District, Atkinson of the 1st District, and Pope of the 7th District-
To amend the above committee amendment to Section 5 by striking from subsection b of Section 5 (lines five and six printed bill), the words "Solicitors General" and inserting in lieu thereof the words "County Attorneys."
By Senator Lindsay of the 34th District-
To amend Chapter 2, Section 5 as follows: By striking the word "require" on line 4 and inserting in lieu thereof the word "request."
By Senator Lindsay of the 34th District-
To amend Chapter 2, Section 5 as follows: By adding after the word "State" on line 7, the following words: "subject, however, to the sovereign rights of the counties to regulate their own affairs."

1222

JouRNAL oF THE HousE,

By Senator Lindsay of the 34th District-
To amend Section 5 as follows: By adding at the end of line 11, after the word "manner" the words "when so requested by such officials."
By the Committee-
To amend by striking Section 5a in its entirety.
By Senator Lindsay of the 34th District-
To amend Chapter 2, Section 6, as follows: By adding on line 4, after the word "and" the following words "subject to the rights of the taxpayer as to rights of privacy guaranteed to him by the Constitution and laws of the State."
By Senator Lindsay of the 34th District-
To amend Section 6 by adding after the word "taxpayer" on line 6, the following words: "provided, however, this power shall be exercised with due regards to the rights of the citizen and subject to the approval of the courts of equity of this State when invoked."
By Senator Lindsay of the 34th District-
To amend Section 6, Chapter 2, by adding at the end of Section 6 the following sentence: "No official or person shall have authority to employ or commission any person, firm or corporation to collect any of such taxes on a commission basis."
By the Committee-
To amend Section 7, line 4 by adding between the words "such" and "rules" the word "reasonable."
By Senator Lindsay of the 34th District-
To amend Section 7, Chapter 2, as follows: By inserting after the word "laws" in line 2, of said section, the words "and general laws."
By Senators Spivey of the 16th District, Atkinson of the 1st District, and Pope of the 7th District-
To amend Section 8 by striking on line twenty of the printed

MoNDAY, jANUARY 24, 1938.

1223

hill, the words "Solicitor General" and inserting in lieu thereof the words "County Attorney."
By Senator Lindsay of the 34th District-
To amend Section 8, Chapter 2, as follows: By inserting after the word "empowered" on line 2 of said section the following words: "subject to the provisions oflaw in such cases provided."
By Senator Lindsay of the 34th District-
To amend Section 8 as follows: By inserting before the word "the" at the beginning of line 5, the words "by mandamus."
By Senator Lindsay of the 34th District-
To amend Section 8 by inserting after the word "taxation" in line 11, the following words "such Assistant Attorney General to be one of the five Assistant Attorney Generals provided by the present law."
By Senator Harrell of the 12th District-
To amend Senator Lindsay's amendment to Section 8 as follows:
By adding the following words at the end of said amendment:
"and in no event shall the Commissioner be authorized to employ any other attorneys to enforce any of the provisions of this Act, but at times and in all matters procure the services of the Attorney General and his assistants, except County Attorneys may be employed as provided by this Act."
By Senator Lindsay of the 34th District-
To amend Section 8 as follows: By striking the following words beginning on line 16 and ending on line 17, with the period: "Only and in all other matters he shall be subject to the direction and control of the Commissioner."
By Senator Lindsay of the 34th District-
To amend Section 8 as follows: By adding after the word "initiated" the following words "by any Counsel other than a duly appointed Assistant Attorney General or the Attorney General himself."

1224

JOURNAL OF THE HousE,

By Senator Lindsay of the 34th District-
To amend Section 9 as follows: By inserting after the word "by" in line 3, the following words: "agreement, compromise, or."
By Senator Lindsay of the 34th District-
To amend Section 10, Chapter 2, by striking Section 10 in its entirety and inserting in lieu thereof the following words: "The provisions of this Act shall in no wise affect the collection and administration of those regulatory bodies or boards now under the Secretary of State; or those now under the Commissioner of Agriculture."
By Senators Hardman of the 33rd District and Lindsay of the 34th District-
To amend Senator Lindsay's amendment to Section 10 as follows:
By adding after the word "Agriculture" in last line, the words "or Department of Wild Life and other purely regulatory bodies with allocated fees for their support."
By the Committee-
To amend Section 11, line 8, by adding a comma after the word "assessment."
By Senator Lindsay of the 34th District-
To amend Section 11, Chapter 2 by adding at the end of said section the following sentence: "provided, however, any salary in excess of $300.00 per month, shall be subject to the approval of the Governor."
By the Committee-
To amend Section 13, Paragraph C by striking the last word in line 24 and all of line 25.
By Senator Shedd of the 3rd District-
To amend Section 13, Paragraph C by striking the word "maintenance" in line 23 and substituting in lieu thereof the word "retention."

MoNDAY, jANUARY 24, 1938.

1225

By the Committee--
To amend Section 14, line 5 by striking the word "month" and inserting in lieu thereof the word" quarter."
By the Committee--
To amend Section 16, line 6 by adding after the word" Companies" the words" and their Agents."

By the Committee--
To amend Section 16, line 2 by striking the word "effect" and inserting in lieu thereof the word " affect."

By Senator Millican of the 52nd District-
To amend Section 16 by adding the words "Petroleum Inspection" after the words" Insurance Commissioner."

By Senator Harrell of the 12th District-
To amend Section 18 by striking lines 1, 2 and 3 down to the words "ex-officio" in line 3 and substituting the following: "Membership, chairman, term, salary and oath. There is hereby created a State Board of Tax Appeals of five members, consisting of the Comptroller General, Secretary of State, State Auditor, State Treasurer, ex-officio, and one member who is Associate Justice Emeritus of the Supreme Court and if no Associate Justice Emeritus is in office then in that event the Attorney General of the State shall designate and appoint an Assistant Attorney General of the State as a member of said Board."

By Senators Atkinson of the 1st District, Pope of the 7th District, and Millican of the 52nd District-
To amend the Harrell amendment to Section 18, by striking the words "five mem hers" and inserting in lieu thereof "three members" and by striking wherever they occur the words "Comptroller General, Secretary of State, State Auditor, exofficio" and the words following and inserting in lieu thereof the following words:" the State Auditor and two other members

1226

JouRNAL OF THE HousE,

to be appointed by the Governor who shall be either Associate Justice Emeritus of the Supreme Court or Constitutional Officers of the State."
By Senator Whitehead of the 30th District-
To amend Section 20 by striking it in its entirety and substituting in lieu thereof the following:
"That the Tax Commissioner shall have no authority to reject a county digest nor either raise or have authority to raise the digest either in whole or in part."
By the Committee-
To amend Section 25, line 4 by adding between the word "such" and the word" Rules" the word" reasonable."
By the Committee-
To amend Section 28, line 6 by adding after the figure "0.5%" the words" per month."
By the Committee-
To amend Section 28 by adding at the end of this section the following: "Unless a higher or different rate of interest or penalty is now fixed by law."
By Senator Lindsay of the 34th District-
To amend Section 29 of Chapter 2 as follows: By striking the words beginning after the word "taxpayer" in line 7 and ending at the word "Commissioner" on line 8 as follows: "under the name and at the location shown upon the records in the office of the Commissioner" and inserting in lieu thereof the following words:" at the last known address of such taxpayer."
By the Committee-
To amend Section 30, lines 9 and 10 by striking the words "if the protest conforms with the requirements of this section."
By the Committee-
To amend Section 30, line 5 by adding after the word "shall" the word "reasonably."

MoNDAY, }ANUAkY 24, 1938.

1227

By the Committee-
To amend Section 30, line 12 by adding between the words "Such" and "Rules" the word "reasonable."
By Senator Lindsay of the 34th District-
To amend Section 30 of Chapter 2 as follows: by inserting after the word "of" on line 4 the words "notice of" and striking the word "notice" which precedes the period on line 4.
By Senator Lindsay of the 34th District-
To amend Section 30 by adding the following words at the end of Section 30: "the discretion herein given to the Commissioner shall be reasonably exercised on all occasions."
By the Committee-
To amend Section 31 by adding at the end of said section the following: "subject to the right of appeal as provided in this Act."
By the Committee-
To amend Section 32, line 12 after the words "per month" by adding the following: "Unless otherwise provided by law."
By Senator Lindsay of the 34th DistrictTo amend Section 33 of Chapter 2 by adding at the end of line
8, after changing the period to a comma, the following words: "within seven years of said return."
By Senator Lindsay of the 34th DistrictTo amend Section 34 of Chapter 2 by adding at the end of said
section the following words "provided further, that any taxpayer whose claim for refund is denied by the Commissioner under the terms of this Act shall have the right to sue for refund in the Superior Court of his county."
By Senator Lindsay of the 34th District-
To amend Section 36 of Chapter 2 by striking in line 4 the following words "or to pay any tax."

1228

JouRNAL OF THE HousE,

By the Committee-
To amend Section 37 by striking the balance of line 4, beginning with the word "except," all of line 5 and line 6 through the word "State."
By the Committee-
To amend Section 38, line 2 by adding between the words "shall" and "fail" the word "willfully."
By the Committee-
To amend Section 38 by striking the word "for" after the word "annum" and inserting in lieu thereof the word "from."
By Senator Allen of the 31st District-
To amend Section 42 by adding at the end of said section the following words:
"Provided, however, that the lien for taxes shall not be changed by any provisions of this Act and shall be the same as existing prior to the passage of this Act."
By Senators Pope of the 7th District and Millican of the 52nd District-
To amend Section 42 by adding after the words "Cover the" the word "specific" and after the words "liable to" the word "such."
By Senator Lindsay of the 34th District-
To amend Section 42 of Chapter 2 as follows: by adding in line 20 after the word "and" the word "or."
By the Committee-
To amend Section 43 in its entirety and renumbering the following sections accordingly.
By Senator Lindsay of the 34th District-
To amend Section 44 as follows: by adding on line 3 after the letter "(B)," "knowingly and intentionally."

MoNDAY, JANUARY 24, 1938.

1229

By the Committee-
To amend Section 45, line 10 by striking all of said line after the words "to be made" and by also striking all of lines 11, 12, 13 and the first two words in line 14 ending with the word "office."
By Senator Lindsay of the 34th District-
To amend Section 45 as follows: by adding after the word "assessment" at the end of line 3, the words "except as in this Act provided."
By Senator Pope of the 7th District-
To amend Section 45, line 6 by adding after the word "given" the words "to the taxpayers."
By the Committee-
To amend Section 46 by striking it in its entirety and inserting in lieu thereof a section to be known as Section 46, as follows:
Section 46. Review of Board's decisions. Jurisdiction of the Superior Courts. The findings of fact by the Board of Tax Appeals shall not be final; but either party may appeal from any order, ruling, or finding of said Board to the Superior Court of the county of the residence of the taxpayer unless the taxpayer be a railroad or other public service corporation or non-resident except utilities operating solely within one county in which case appeal shall lie to the Superior Court of the county in which such utility operates, in which event the appeal of either party shall be to the Superior Court of Fulton County, Georgia. The appeal and necessary records shall be certified and transmitted by the Chairman of the Board and shall be filed with the Clerk of the Superior Court within thirty (30) days from the date of judgment by the Board. The procedure provided by law for applying for and granting appeal from the Court of Ordinary to the Superior Court shall apply as far as suitable to the appeal authorized herein, except that the appeal authorized herein may be filed within fifteen (15) days from the date of judgment by the Board.
Before the Superior Court shall have jurisdiction to entertain such appeal filed by any aggrieved taxpayer, such taxpayer shall file with the Clerk of the Superior Court a writing whereby

1230

JouRNAL OF THE HousE,

such taxpayer shall agree to pay on the date or dates the same shall become due all taxes for which such taxpayer has admitted liability and shall within thirty (30) days from the date of judgment by the Board file with the Clerk of the Superior Court a bond in amount satisfactory to such Clerk or other security in amount satisfactory to such Clerk conditioned to pay any tax over and above that which the taxpayer has admitted liability for which shall be found to be due by a final judgment of court, together with interest and costs. It shall be ground for dismissal of the appeal if the taxpayer fails to pay all taxes admittedly owed upon the due date or dates as now or hereafter provided by law.
If the final judgment of court places upon the taxpayer any tax liability which he has not already paid, he shall pay the same on the due date or dates now or hereafter fixed by law if the tax or any of same has not become due on the date of said final judgment of court. And if the tax or any of same has already become due at the time of final judgment of court, the taxpayer shall immediately pay the tax or so much thereof as has already become due, with interest, and shall pay the court costs, in the event the final judgment of court is adverse to the taxpayer, no matter whether the tax or any part of same has or has not become due at the time of said final judgment of court.
By Senators Atkinson of the 1st District, Pope of the 7th District, Purdom of the 46th District, and Millican of the 52nd District-
To amend the committee amendment by striking from the sixth to tenth lines of Section 46 (Printed Copy) the following words:
"except utilities operating solely within one county in which case appeal shall lie to the Superior Court of the county in which such utility operates, in which event the appeal of either party shall be to the Superior Court of Fulton County, Georgia."
and inserting in lieu thereof the following:
"In which event the appeal of either party shall be to the Superior Court of the county in which is located its principal place ofdoing business, or in which the chief or highest corporate officer, resident in the State, maintains his office."

MoNDAY, JANUARY 24, 1938.

1231

so that when amended the first paragraph of Section 46 shall read as follows:
"Sec. 46. Review of Board's decisions. Jurisdiction ofthe Superior Courts. The findings (of fact) by the Board of Tax Appeals shall not be final; but either party may appeal from any order, ruling, or finding of the said Board to the Superior Coutt of the county of the residence of the taxpayer unless the taxpayer be a railroad or other public service corporation or non-resident, in which event the appeal of either party shall be to the Superior Court of the county in which is located its principal place of doing business, or in whch the chief or highest corporate officer, resident in the State, maintains his office. The appeal and necessary records shall be certified and transmitted by the Chairman of the Board and shall be filed with the Clerk of the Superior Court within thirty (30) days from the date of judgment by the Board. The procedure provided by law for applying for and granting appeal from the Court of Ordinary to the Superior Court shall apply as far as suitable to the appeal authorized herein, except that the appeal authorized herein may be filed within fifteen (15) days from the date of judgment by the Board."
By Senators Almand of the 50th District and Allen of the 31st District-
To amend the committee amendment to Section 46 by striking in line number 2 of said Section the following words "of fact."
By Senator Sammon of the 51st District-
To amend the committee amendment to Section 46 by adding after the word "Clerk" in line 5 the following: "Except where appellant owns real property in Georgia, the value of which is in excess of the amount of the tax in dispute."
By the Committee-
To amend Section 47 by striking it in its entirety and inserting in lieu thereof a section to be known as Section 47, as follows:
Sec. 47. It is expressly provided, other provisions of this Act to the contrary notwithstanding, that no provision of this Act

1232

JouRNAL OF THE HousE,

shall be construed so as to give to the Commissioner any power to make assessments for ad valorem taxation or to collect the same from any taxpayer, except in the case of railroads and other public service corporations, as now provided by law, nor to examine the books, records, inventories or business of any taxpayer for any purpose except for the purpose of determining liability for taxes collected directly by the Commissioner or assessed by the Comptroller General or the Revenue Commission under existing law, unless otherwise now provided by law.
By the Committee-
To amend by adding a new section immediately preceding the repealing clause, to be appropriately numbered, reading as follows:
The Ways and Means Committee of the House of Represen tatives and the Finance Committee of the Senate shall hold joint meetings for the consideration of all revenue taxing measures when in regular or special session and the State Tax Commissioner shall be an ex-officio member of each committee.
By the Committee-
To amend by adding a new section immediately preceding the repealing clause, to be appropriately numbered, reading as follows:
Each and every provision and section of this Act is separately enacted and should any provision or section of this Act be held invalid for any reason it is hereby declared the intent and purpose that the remaining valid provisions of this Act shall be of full force and effect.
By Senators Atkinson of the 1st District and Pope of the 7th District-
To amend by adding one section to be known as Section 49 as follows:
Sec. 49. This bill shall become effective on March 1, 1938.
By the Committee-
To amend by adding a new section which is to be the last section of the bill and to be numbered accordingly:

MoNDAY, JANUARY 24, 1938.

1233

"Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed."
By Senator Lindsay of the 34th District-
To amend by striking the words in the next to last line of the caption, the words "to make taxes a personal debt."
By Senator Pope of the 7th District-
To amend the caption by striking the words "to forbid review of assessments by trial of courts" from the caption thereof.
'
By Senator Ennis of the 20th District-
To amend by striking the words "Tax Commissioner" wherev-
er.th.e sam,e, appears and inserting in lieu thereof "Revenue Com-
missiOner.
By Senator Ennis of the 20th District-
To amend by striking the words "Department of Taxation" wherever same appears and insert in lieu thereof the words "Department of Revenue."
Mr. Lanham of Floyd moved that the House disagree to the Senate amendments to House Bill No. 27, and the motion prevailed.
Mr. Lanham moved that a Committee of Conference be appointed on the part of the House to confer with a like committee to be appointed on the part of the Senate, and. the motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House, the following members, to.-wit:
Messrs. Lanham of Floyd,
Carmichael of Cobb, and
Fowler of Treutlen.
Mr. Erwin of Lamar moved that the House do now adjourn until 9:30 o'clock tomorrow morning.
On the motion, Mr. Sabados of Dougherty moved the ayes and nays and the call was sustained.

1234

JouRNAL oF THE HousE,

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

Those voting in the affirmative were Messrs.:

Allison

Fitts

Almand

Gavin

Bond

Goff

Booth

Grubbs

Bridges

GUYton

Brooks of Jackson

Hand

Brooks of Oglethorpe Harrell of Brooks

Brown of Peach

Harrell of Irwin

Carmichael of Randolph Harrison

Chappell

Hendrix

Clark

Herndon

Croker

Herrin

Culpepper of Fayette Jackson

Dean

Joel

DeFoor

Johnson

Douglass

Jones of Dodge

Dukes

Jones of Elbert

Edwards

Kirbo

Elliott

Lanier

Erwin

Lewis

Etheridge

Manry

Evans

McCravey

Ferguson

McGraw Middleton Moore of Haralson Morris Perry Peters Pirkle Pound Preston of Walton Sams Sanders Sartain Smith of Dodge Smith of Henry Tate Todd Trapnell Trippe Turner Warnock Weaver Whitaker

Those voting in the negative were Messrs.:

Adams Ansley Barlow Barrett Batchelor Beck Bennett Blease Bradley Brewton Carmichael of Cobb Clary Cochran Coleman Corbett Coxon Daves Davis Deal

Drake Dugas Dunn Fowler Freeman Gammage Gross Groover Harden Harris Hart Harvey Hill of Clarke Hill of Screven Hodges Hollis Holt Houston Jones of Brantley

Key Lanham Larsen Mankin Milam Moore of Baldwin Mundy Musgrove Newby Parker Pilcher Rawlins Rees Reid of Carroll Reid of Wilcox Rountree Sabados Sapp Scruggs

MoNDAY, JANUARY 24, 1938.

1235

Simmons Spence Sutton Thomas

Vickery Ware Welsch Williams of Bacon

Williams of Jones Yeomans Mr. Speaker

Those not voting were Messrs.:

Bargeron Barnard Brown of Greene Campbell Candler Claxton Clements Cogdell Cohen Culpepper of Mitchell Dampier Daughtry
Dollar Drinkard Durden Ellington Ennis Field Flanders
Gary
Gr&son Hamby Hampton Hastings

Hayes Hogg Home Houze Jones of Bartow Jones of Jenkins Keel Kendrick Leonard Lewallen Marshall Martin Mavity McCracken McGehee McNall Miller Moore of Lumpkin Moore of Taliaferro Morgan Moss Newton Oden

Palmour Patten Peebles Phillips Preston of Bulloch Ragan Rowland Salter Saunders Smith of Muscogee Striplin Swindle Tapp
Taunton Wall Wages Walton Warnell Watkins Whaley Whipple Wilson Zellner

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

On the motion to adjourn until9:30 o'clock tomorrow morning, the ayes were 67, the nays 68.

The motion to adjourn was lost.
Under the order of business established by the Committee on Rules, the following bill of the Senate was taken up for consideration and read the third time:

By Senator Millican of the 52nd District-
Senate Bill No. 53. A bill to be entitled an Act to amend Section 92-4910 of the Code of Georgia of 1933 so as to provide for

1236

JouRNAL OF THE HousE,

weekly settlements by tax collectors 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 115, the nays 0.
The bill having received the requisite constitutional majority was passed.
By unanimous consent, the following bill of the Senate was tabled.
By Senator Holmes of the 22nd District-
Senate Bill No. 80. A bill to be entitled an Act amending the Constitution authorizing the City of Macon to make temporary loans, and for other purposes.
Mr. Hand of Mitchell moved that the House do now adjourn until 9:30 o'clock tomorrow morning.
On the motion to adjourn, the ayes were 57, the nays 58..
The motion to adjourn was lost.
Under the order of business established by the Committee on Rules, the following bill of the House was taken up for consideration and read the third time:
By Messrs. Hastings and Kendrick and Mrs. Mankin of Fulton-
House Bill No. 79. A bill to be entitled an Act to authorize a refund of the unearned portion of amounts paid by motor carriers on an annual basis for the calendar year of 1937, and for other purposes.
The House was resolved into the Committee of the Whole House to consider House Bill No. 79, and the Speaker designated Mr. Bennett of Ware as the chairman thereof:
The Committee of the Whole House arose and through its chairman reported the bill back to the House with the recommendation that the same do pass, by substitute.

MoNDAv, }ANUARY 24, 1938.

1237

The following committee substitute to House Bill No. 97 was read and adopted:
A BILL
To be entitled an Act to authorize a refund of the unearned portion of amounts paid by motor carriers on an annual basis for the calendar year 1937 as mileage tax under the provisions of the Georgia Motor Carriers Tax Act approved March 31, 1931, as amended August 28, 1931, and codified as sections 92-2901 to 92-2926, Georgia Code 1933; to prescribe the method by which the amount of said unearned portions shall be determined; to authorize and direct the Comptroller General of the State to determine the amount of the unearned portion of said taxes so paid; to authorize the Governor, upon the approval of any claim or claims by the Comptroller General, to draw his warrant therefor on the treasury of the State of Georgia and to authorize the payment thereof from any funds in the treasury allocated to the State Highway Department for the maintenance, repair and construction of highways and bridges on State Aid Roads; to make an appropriation in the amount of $10,000.00 or so much thereof as may be necessary to pay such lawful claims as may be made and approved; to repeal all conflicting laws; and for other purposes.
Whereas, under the provisions of the Georgia Motor Carriers Tax Act approved March 31, 1931 (Ga. Laws Extra Session 1931, pp. 63-75), as amended by the Act approved August 28, 1931 (Ga. Laws 1931, pp. 9Q--96), and codified as Sections 92-2901 to 92-2926, inclusive, Georgia Code 1933, motor carriers for hire at their option were permitted to pay the mileage tax levied and assessed thereby to the Comptroller General on either an annual basis or a mileage or trip basis; and
Whereas, certain motor carriers operating in the State of Georgia paid the mileage tax due by them respectively on an annual basis including a period of time extending after and beyond the first day of April, 1937; and
Whereas, the General Assembly of Georgia at the regular session, 1937, enacted the maintenance tax and registration Act which was duly approved by the Governor March 30, 1937 (Ga.

1238

JouRNAL OF THE HousE,

Laws 1937, pp. 155-167), which, by its terms, became effective April 1, 1937, and which also, by its terms, repealed the Motor Carriers for Hire Tax Act approved March 31, 1931, as amended August 28, 1931, leaving in the hands of the State unearned portions of the amount of taxes paid by certain motor carriers on an annual basis under the provisions of said Act approved March 31, 1931, and as amended August 28, 1931, and in consideration of which said motor carriers so paying would have been entitled to operate motor vehicles over the highways of the State of Georgia for a period of time subsequent to April 1,1937, had the said Act imposing and levying the tax not been repealed.
Now, Therefore, be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same:
Section 1. That the State of Georgia does hereby recognize its obligation to refund to such motor carriers paying the mileage tax on an annual basis under the provisions of said Acts of the General Assembly of Georgia so repealed such proportion of the tax paid on an annual basis as the time intervening from and after April 1, 1937, up to the end of the period for which payments were made bears to the entire period for which such tax was advanced or paid.
Sec. 2. That in all cases where mileage taxes were paid by motor carriers on an annual basis and any portion of the period for which such payment was made or advanced had not elapsed on April 1, 1937, and such carrier is not otherwise indebted to the State such person is authorized to file a claim with the Comptroller General of the State of Georgia in such form as such officer may prescribe and it shall be the duty of the Comptroller General to examine the same and if such claim is found to be correct in whole or correct in part then the Comptroller General shall approve the same for such amount as is found to be due the taxpayer, provided, however, that all claims for refund shall be filed with the Comptroller General on or prior to December 31, 1938, and he shall not be authorized to entertain any claim filed subsequent to that date.

Sec. 3. Be it further enacted that the Governor is and shall be authorized to draw his warrant on the treasurer of the State of

MoNDAY, jANUARY 24, 1938.

1239

Georgia in favor of the taxpayer for such amount as the Comptroller General has approved and the same may be paid from any fund in the treasury allocated to the State Highway Department for the maintenance, repair and construction of highways and bridges on State Aid Roads, and an appropriation of $10,000.00 or so much thereof as may be necessary is hereby made to cover the aggregate amount of such claims as may be approved by the Comptroller General under the provisions of this Act.

Sec. 4. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby expressly repealed.

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

On the passage of the bill, by substitute, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Allison Ansle:v Barlow Barnard Batchelor Bennett Blease Bond Booth Bradley Brewton Bridges Brooks of Jackson Brooks of Oglethorpe Brown of Peach Oarmichael of Oobb Ohappell
Olark Olar:v Olaxton Olements Oochran Ooleman Oorbett Ooxon

Oroker Davis Deal Dean Douglass Dugas Dukes Edwards Ennis Etheridge Ferguson Fitts Fowler Freeman Goff Gross Groover Grubbs Gu:vton Hand Harden Harrell of Brooks Harrell of Irwin Harris Harrison Hart

Harvey
Hemdon Herrin Hill of Olarke Hill of Screven Hodges Hollis Holt Houston Houze Jackson Joel Johnson Jones of Dodge JonE!s of Elbert Kendrick Key
Xirbo Lanham Lanier Larsen Lewallen Lewis Ma.nldn
Manr:v McOracken

1240

jOURNAL OF THE HousE,

McCravey Middleton Milam Moore of Baldwin Moore of Haralson Moore of Taliaferro Mundy
Newb:v Parker Pernr Peters Phillips Pilcher Pirkle Pound

Preston of Walton Rawlins Reid of Carroll Rountree Sabados Sams Sanders Sapp Sartain Scruggs Simmons Smith of Henry Spence Sutton Swindle

Tate Todd Thomas Trippe
Turner Vickery Ware Warnock Weaver Welsch Whipple Whitaker Williams of Bacon Williams of Jones Yeomans

Those voting in the negative were Messrs.:

Drake Dunn

Evans Gavin

Jones of Brantley

Those not voting were Messrs.:

Almand

Grayson

Bargeron

Hamby

Barrett

Hampton

Beck

Hastings

Brown of Greene

Hayes

Campbell

Hendrix

Candler

Hogg

Carmichael of Randolph Horne

Cogdell

Jones of Bartow

Cohen

Jones of Jenkins

Culpepper of Fayette Keel

Culpepper of Mitchell Leonard

Dampier

Marshall

Daughtry

Martin

Daves

Mavity

DeFoor

McGehee

Dollar

McGraw

Drinkard

McNall

Durden

Miller

Ellington

Moore of Lumpkin

Elliott

Morgan

Erwin

Morris

Field

Moss

Flanders

Musgrove

Gammage

Newton

Gary

Oden

Palmour Patten Peebles Preston of Bulloch Ragan Rees Reid of Wilcox Rowland Salter Saunders Smith of Dodge Smith of Muscogee Striplin Tapp Taunton Trapnell Wall Wages Walton Warnell Watkins Whaley Wilson Zellner Mr. Speaker

MoNDAY, }ANuAkY 24, 1938.

1241

By unanimous consent, the verification of the roll call was diSpensed with.
On the passage of the bill, by substitute, the ayes were 123, the nays 5.
The bill having received the requisite constitutional majority was passed, by substitute.
Mr. Hand of Mitchell moved that the House do now adjourn until 9:30 o'clock tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 9 :30 o'clock tomorrow morning.

1242

JouRNAL OF THE HousE,

REPRESENTATIVE HALL, ATLANTA, GA.,

TuESDAY, JANUARY 25, 1938.

The House met, pursuant to adjournment, this day at 9:30 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

Croker

Allison

Culpepper of Fayette

Almand

Daughtry

Ansley

Daves

Bargeron

Davis

Barlow

Deal

Barnard

Dean

Barrett

DeFoor

Batchelor

Dollar

Beck

Douglass

Bennett

Drake

Blease

Drinkard

Bond

Dugas

Booth

Dukes

Bradley

Dunn

Brewton

Durden

Bridges

Edwards

Brooks of Jackson

Ellington

Brooks of Oglethorpe Elliott

Brown of Greene

Ennis

Brown of Peach

Erwin

Campbell

Etheridge

Candler

Evans

Carmichael of Cobb

Ferguson

Carmichael of Randolph Field

Clark

Fitts

Clary

Flanders

Claxton

Fowler

Clements

Freeman

Cochran

Gammage

Cogdell

Gary

Cohen

Gavin

Coleman

Goff

Corbett

Grayson

Coxon

Gross

Groover Grubbs GuYton Hamby Hampton Hand Harden Harrell of Brooks Harrell of Irwin Harris Harrison Hart Harvey Hastings Hayes Hendrix Hemdon Herrin Hill of Clarke Hill of Screven Hodges Hogg Hollis Holt Houston Houze Jackson Joel Johnson Jones of Bartow Jones of Brantley Jones of Dodge Jones of Elbert Jones of Jenkins Kendrick

TuESDAY, jANUARY 25, 1938.

1243

Key
Kirbo Lanham Lanier Larsen Leonard Lewallen Lewis Mankin Manry
Marshall Martin MaVity McCracken McOravey McGehee McGraw McNall Middleton Milam Miller Moore of Baldwin Moore of Haralson Moore of Lumpkin Moore of Taliaferro Morgan Morris Moss Mundy Musgrove Newby

Newton Oden Palmour Parker Perry Peters Phillips Pilcher Pirkle Pound Preston of Walton Ragan Rawlins Rees Reid of Carroll Reid of Wilcox Rountree Rowland Sabados Salter Sams Sanders Sapp Sartain Saunders Scruggs Simmons Smith of Dodge Smith of Henry Smith of Muscogee Spence

Striplin Sutton Swindle Tapp Tate Taunton Todd Thomas Trapnell Trippe Turner Vickery Wall Wages Walton Ware Warnell Warnock Watkins Weaver Welsch Whaley Whipple Whitaker Williams of Bacon Williams of Jones Wilson Yeomans Zellner Mr. Speaker

Mr. Harrell of Brooks, Acting Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

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.

1244

JouRNAL 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 bills and resolutions.
5. First reading and reference of Senate bills and resolutions.
By unanimous consent, the following bills of the House were introduced, read the first time, and referred to the committees:
By Mr. Patten of Cook-
House Bill No. 510. A bill to be entitled an Act to amend an Act entitled" an Act to abolish the offices of Tax Receiver and Tax Collector, and to create the office of Tax Commissioner of Cook County," and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Reid of Wilcox-
House Bill No. 511. A bill to be entitled an Act to amend that certain Act entitled" an Act to create a Board of Commissioners of Roads and Revenues in and for the County of Wilcox," and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Oden of Pierce-
House Bill No. 512. A bill to be entitled an Act to provide for the payment of official bond premiums for the Tax Collector and Receiver of Pierce County, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Moore of Haralson-
House Bill No. 513. A bill to be entitled an Act to amend the charter of the City of Bremen, in the County of Haralson, and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Lanier and Harris of RichmondHouse Bill No. 514. A bill to be entitled an Act to amend the

TUESDAY, jANUARY 25, 1938.

1245

General Tax Act of 1935 (Georgia Laws of 1935, pages 11-72) by striking and repealing paragraph 29 of said Act, which levies an occupation tax upon real estate brokers, and for other purposes.
Referred to Committee on Ways and Means.
Mr. Larsen of Laurens 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 hill of the House and have instructed me, as Chairman, to report the same back to the House with the following recommendation:
House Bill No. 509. Do pass.
Respectfully submitted,
LARSEN of Laurens, Chairman.
Mr. Key of Jasper County, Chairman of the Committee on Appropriations, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same hack to the House with the following recommendation:
House Bill No. 423. Do pass.
Respectfully submitted,
KEY of Jasper, Chairman.
Mr. Larsen of Laurens 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 House and have

1246

JouRNAL OF THE HousE,

instructed me, as Chairman, to report the same back to the House with the following recommendation:
House Bill No. 508. Do pass. Respectfully submitted, LARSEN of Laurens, Chairman.
Mr. Brown of Greene 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 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. 501. Do pass.
House Resolution No. 137-503a. Do pass.
Respectfully submitted,
BRoWN of Greene, Chairman.
Mr. Sartain of Walker County, Chairman of the Committee on Engrossing, submitted the following report:
Mr. Speaker:
Your Committee on Engrossing has examined, found properly engrossed, and ready for transmission to the Senate, the following bills and resolutions of the House, to-wit:
House Bills Nos. 79, 204, 369, 382, 437, 448, 481, 482, 484, 485, 490, 491, 493, 494, 495.
House Resolutions Nos. 132-485a, 139.
Respectfully submitted,
SARTAIN of Walker, Chairman.
Mr. Groover of Troup County, Chairman of the Committee on Enrolling, submitted the following report:

TuESDAY, jANUARY 25, 1938.

1247

Mr. Speaker:
Your Committee on Enrolling has examined, found properly enrolled, and ready for transmission to the Governor, the following bills and resolutions of the House, to-wit:
House Bills Nos. 371, 430, 432, 435, 452, 477, 305.
House Resolutions Nos. 12-38a, 17-29a, 112-439a.
Respectfully submitted,
GRoovER of Troup, Chairman.
Mr. Gross of Stephens County, Vice-Chairman of the Committee on Public Highways No. 1, submitted the following report:
Mr. Speaker:
Your Committee on Public Highways No. 1 have had under consideration the following bills of the House and have instructed me, as Vice-Chairman, to report the same back to the House with the following recommendations:
House Bill No. 343. Do pass, as amended.
House Bill No. 444. Do pass.
House Bill No. 354. Do not pass. Respectfully submitted, GRoss of Stephens, Vice-Chairman.
Mr. Pound of Hancock 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 of the House and have instructed me, as Chairman, to report the same back to the House with the following recommendations:
House Bill No. 499. Do pass. House Bill No. 500. Do pass.
Respectfully submitted, PouND of Hancock, Chairman.

1248

JouRNAL oF THE HousE,

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 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. 461. Do pass.
Respectfully submitted,
MRs. CoxoN of Long, Chairman.
Mr. McCracken of Jefferson 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 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. 502. Do pass, as amended. House Bill No. 503. Do pass. House Resolution No. 138-504a. Do pass.
Respectfully submitted, McCRACKEN of Jefferson, Chairman.
Mr. Candler of DeKalb County, Vice-Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker: Your Committee on Special Judiciary have had under con-
sideration the following bill of the House and have instructed me, as Vice-Chairman, to report the same back to the House with the following recommendation:
House Bill No. 505. Do pass. Respectfully submitted, CANDLER of DeKalb, Vice-Chairman.

TuESDAY, JANUARY 25, 1938.

1249

Mr. Trapnell of Candler County, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the House with the following recommendation:
House Bill No. 497. Do pass.
Respectfully submitted,
TRAPNELL of Candler, Chairman.
Mr. Coleman 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 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. 506. Do pass, as amended.
Respectfully submitted,
CoLEMAN of Lowndes, Chairman.
Mr. Freeman of Bibb County, Chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways and Means have had under considerati~n 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. 378. Do pass.
House Bill No. 413. Do pass, as amended.
Respectfully submitted, FREEMAN of Bibb, Chairman.

1250

JouRNAL oF THE Houst,

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. Adams of Franklin-

House Bill No. 362. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.

By Mr. Adams of Franklin-

House Bill No. 380. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.

By Mr. Lewallen of Banks-

House Bill No. 384. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.

By Mr. Sapp of Coffee-

House Bill No. 386. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.

By Mr. Drinkard of Lincoln-

House Bill No. 393. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.

By Messrs. Drinkard of Lincoln and Clary of Columbia.--

House Bill No. 394. A bill amending the Highway Mileage

Act by adding additional mileage to the State Aid System, and

for other purposes.



By Mr. Adams of Franklin-

House Bill No. 395. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.

TUESDAY, JANUARY 25, 1938.

1251

By Messrs. Douglas of Talbot and Johnson of Chattahoochee-
House Bill No. 409. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Mr. Brooks of Oglethorpe-
House Bill No. 411. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Mr. Batchelor of Putnam-
House Bill No. 412. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Messrs. Newby of Twiggs, Daughtry of Wilkinson, and Ennis of Baldwin-
House Bill No. 414. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Messrs. Daughtry of Wilkinson, Ennis of Baldwin, and Whipple of Bleckley-
House Bill No. 415. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Mr. Warnock of Montgomery-
House Bill No. 416. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Messrs. Harrell and Blease of Brooks and Cochran and Edwards of Thomas-
House Bill No. 418. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Mr. Adams of Franklin-
House Bill No. 419. A bill amending the Highway Mileage

1252

JouRNAL oF THE HousE,

Act by adding additional mileage to the State Aid System, and for other purposes.

By Messrs. Hollis of Morgan and Key of Jasper-

House Bill No. 424. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.

By Mr. Evans of McDuffie-

Hause Bill No. 427. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.

By Messrs. Hollis of Morgan and Bond of Oconee-

House Bill No. 429. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.

By Mr. Clements of Wheeler-

House Bill No. 433. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.

By Mr. Adams of Franklin-

House Bill No. 434. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.

By Mr. Evans of McDuffie-

Hause Bill No. 440. A bill amending the Highway Mileage

Act by adding additional mileage to the State Aid System, and

for other purposes.

'

By Mr. Hollis of Morgan-

House Bill No. 442. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.

By Mr. Adams of Franklin-

House Bill No. 446. A bill amending the Highway Mileage

TuESDAY, jANUARY 25, 1938.

1253

Act by adding additional mileage to the State Aid System, and for other purposes.
By Mr. Batchelor of Putnam-
House Bill No. 449. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Mr. Palmour of Hall-
House Bill No. 459. A bill amending an Act so as to clarify the name of a certain school district in Hall County, and for other purposes.
By Mr. Campbell of Newton-
House Bill No. 462. A bill to amend the charter of the Town of Mansfield, and for other purposes.
By Messrs. Lanier, Harris, and Barrett of Richmond-
House Bill No. 468. A bill to amend an Act repealing an Act to authorize the City Council of Augusta to create a Board of Health for said city, and for other purposes.
By Mr. Field of Whitfield-
House Bill No. 477. A bill to amend an Act amending an Act requiring a referendum to repeal municipal charters of cities of a certain population, and for other purposes.
By Messrs. Joel and Hill of Clarke-
House Bill No. 375. A bill fixing the amount of bond to be furnished by sheriffs for the faithful and correct performance of their duties, and for other purposes.
By Messrs. Weaver, Horne, and Freeman of Bibb-
House Bill No. 404. A bill to provide for the listing of taxpayers in counties of a certain population, 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:

1254

JouRNAL oF THE HousE,

By Senators Pope of the 7th District, Atkinson of the 1st District, Jackson of the 14th District, and Phillips of the 29th District-
Senate Bill No. 114. A bill to be entitled an Act to provide for the confirmation by the Senate of appointees of the Governor for public office, 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, by substitute, of the House, to-wit:
By Mr. Simmons of Decatur-
House Bill No. 78. A bill amending Code Section No. 56-224 with reference to investments by Insurance Companies, and for other purposes.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:
Mr. Speaker: The Senate insists upon its position on the Senate amendments
to the following bill of the House, to-wit:
By Mr. Gross of StephensHouse Bill No. 242. A bill authorizing the State Highway
Board to use any funds available to them for the purpose of matching any Federal Funds, and for other purposes.
The President of the Senate has appointed as a Committee of Conference to confer with a like Committee on the part of the House: Senators Griner of the 45th District, Phillips of the 29th District, and Millican of the 52nd District.
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, as amended, of the House, ta-wit:
By Messrs. Key of Jasper and Campbell of NewtonHouse Bill No. 379. A bill amending the Highway Mileage

TuESDAY, JANUARY 25, 1938.

1255

Act by adding additional mileage to the State Aid System, and for other purposes.
By Messrs. Marshall of Macon and Taunton of Taylor-
House Bill No. 443. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:
Mr. Speaker:
The Senate insists upon its position on House Bill No. 27, known as the Tax Reorganization Bill, and the President has named as a Committee of Conference on the part of the Senate to confer with a like committee from the House the following members of the Senate, ta-wit:
Senators Atkinson of the 1st District,
Pope of the 7th District, and
Lindsay of the 34th District.
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, by substitute, as amended, of the Senate, to-wit:
By Senators Patten of the 6th District and Williams of the 5th District-
Senate Bill No. 119. A bill to establish the Berty Pulp and Paper Laboratory Foundation, 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, ta-wit:
By Senator Griner of the 45th District-
Senate Bill No. 127. A bill to prohibit goats from running at large in the County of Telfair, and for other purposes.

1256

JouRNAL OF THE HousE,

By unanimous consent, the following bills and resolutions of the House, favorably reported, were read the second time:
By Mr. Musgrove of Clinch-
House Resolution No. 137-503a. A resolution authorizing the County Commissioners of Clinch County to pay a certain sum of money to the widow of Deputy Sheriff Carey Thomas, and for other purposes.
By Messrs. Harris and Lanier of Richmond-
House Resolution No. 138-504a. A resolution relieving Thomas L. Clary of bond forfeiture in the County of Richmond, and for other purposes.
By Messrs. Beck and Reid of Carroll-
House Bill No. 343. A bill to be entitled an Act to amend Section 68-301 of the Georgia Code of 1933, with reference to speed limit of pneumatic tire vehicles of 10,000 pounds weight, and for other purposes.
By Mr. Key of Jasper-
House Bill No. 378. A bill to be entitled an Act to amend Section 84-2011 of the Code of Georgia of 1933, as amended by the Act approved March 15, 1935, page 163, so that said section shall not provide for the use of vending machines, and for other purposes.
By Mr. Carmichael of Randolph-
House Bill No. 413. A bill to levy a tax on chewing gum or any substitute therefor; provide for the collection of same; and for other purposes.
By Messrs. Bennett of Ware and Key of Jasper-
House Bill No. 423. A bill to be entitled an Act to amend the General Appropriations Act appearing on pages 54-72 of the Georgia Laws of 1937, for the two years ending June 30, 1939, and for other purposes.
By Mr. Gross of Stephens-
House Bill No. 444. A bill to be entitled an Act to amend an

TuESDAY, JANUARY 25, 1938.

1257

Act of the General Assembly of the Extraordinary Session of 1937-38, relating to licenses for motor vehicles, approved December 22, 1937, by providing a penalty for failure to comply with the terms of the Act, and for other purposes.
By Messrs. Adams of Franklin, Kirbo of Decatur, Weaver of Bibb, Hogg of Marion, and Dukes of Washington-
House Bill No. 461. A bill to be entitled an Act to provide a reduction in salaries of all persons on the pay roll of the State receiving a salary of $200.00 per month, and for other purposes.
By Mr. Warnell of Bryan-
House Bill No. 497. A bill to be entitled an Act changing the term of the Superior Court in Bryan County, Georgia, and for other purposes.
By Messrs. Batchelor of Putnam and Key of Jasper-
House Bill No. 499. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," so as to add a certain road to the System of State Aid Roads, and for other purposes.
By Mr. McCracken of Jefferson-
House Bill No. 500. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," so as to add a certain road to the System of State Aid Roads, and for other purposes.
By Messrs. Lanham, Davis, and Keel of Floyd-
House Bill No. 501. A bill to provide for the compensation of and payment of clerks of the Superior Court in counties of this State having a population of not less than 48,600 and not more than 48,670, and for other purposes.
By Messrs. Parker and Barlow of Colquitt-
House Bill No. 502. A bill to be entitled an Act to amend an Act creating a new charter for the City of Moultrie, and for other purposes.
By Messrs. Parker and Barlow of Colquitt-
House Bill No. 503. A bill to be entitled an Act to amend an

1258

JouRNAL oF THE HousE,

Act creating a new charter for the City of Moultrie, Georgia, and for other purposes.
By Mr. Cogdell of Glynn-
House Bill No. 505. A bill to be entitled an Act to provide for holding three regular terms a year of the Superior Court of Glynn County, and for other purposes.
By Messrs. Deal of Bulloch, Bennett of Ware, and Coleman of Lowndes-
House Bill No. 506. A bill to be entitled an Act to amend General Tax Act, Paragraph 10 (Georgia Laws 1935), pages fifteen and sixteen, so as to provide for a tax on auctioneers for the sale of certain products and commodities, and for other purposes.
By Mr. Larsen of Laurens-
House Bill No. 508. A bill to amend the charter of the City of Dublin; to provide for placing of all net profits from municipal water plant into sinking fund for a certain period of time; and for other purposes.
By Mr. Brooks of Jackson-
House Bill No. 509. A bill to be entitled an Act to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize the City of Jefferson to incur a bonded indebtedness, 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. Warnell of Bryan-
House Bill No. 496. A bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Bryan, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, the nays 0.

TuESDAY, jANUARY 25, 1938.

1259

The bill having received the requisite constitutional majority was passed.
By Mr. Warnell of Bryan-
House Bill No. 498. A bill to be entitled an Act to amend an Act to require all county officers of Bryan County 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 the passage of the bill, the ayes were 103, the nays 0.
The bill having received the requisite constitutional majority was passed.
By unanimous consent, the following bills of the Senate were read the first time and referred to the committees:
By Senators Purdom of the 46th District, Atkinson of the 1st District, and Lindsay of the 34th District-
Senate Bill No. 66. A bill to be entitled an Act to prohibit the sale of intoxicating beverages or the operating of dancing halls within one mile of State penal institutions, and for other purposes.
Referred to Committee on Penitentiary.
By Senator Peebles of the 18th DistrictSenate Bill No. 111. A bill to be entitled an Act amending
the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
Referred to Committee on Public Highways No.2.
By Senator Burrell of the 40th DistrictSenate Bill No. 112. A bill to be entitled an Act to amend the
Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
Referred to Committee on Public Highways No.2.
By Senator Burrell of the 40th DistrictSenate Bill No. 113. A bill to be entitled an Act to amend the

1260

JouRNAL or THE HousE,

Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
Referred to Committee on Public Highways No.2.
By Senator Neely of the 36th District-
Senate Bill No. 120. A bill to be entitled an Act to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
Referred to Committee on Public Highways No.2.
By Senators Forrester of the 44th District, Griner of the 45th District, and Harrison of the 17th District-
Senate Bill No. 121. A bill to be entitled an Act to provide that the members of the State Highway Board of Georgia shall devote their full time to the performance of the duties of their office; to provide for the compensation of the members thereof other than the Chairman; and for other purposes.
Referred to Committee on Public Highways No. 1.
By Senator Purdom of the 46th District-
Senate Bill No. 123. A bill to be entitled an Act to amend the charter of the City of Blackshear, and for other purposes.
Referred to Committee on Municipal Government.
The following bill of the House was placed on the calendar for the purpose of considering the unfavorable report of the committee:
By Messrs. Sams, Candler, and Turner of DeKalb-(By request).
House Bill No. 361. A bill to be entitled an Act to amend the General Tax Act, so as to exempt from the operation of said Act, peanut vending machines, and for other purposes.
Mr. Erwin of Lamar arose to a question of personal privilege and addressed the House.
The following report of the Committee of Conference on Senate Bill No. 28, a bill amending the corporation laws, was submitted and read:

TuESDAY, jANUARY 25, 1938.

1261

CONFERENCE COMMITTEE REPORT ON SENATE BILL NO. 28
The Conference Committee of the Senate and the House had under consideration Senate Bill No. 28, as amended, by the House and recommend as follows:
(1) That the Senate recede from its position on House amendments Nos. 1, 3, 4, 5, and 6.
(2) The Conference Committee recommends that House Amendment No.2, changed as follows, be adopted:
Strike the word "the" before the words "newspaper having general circulation" and insert in lieu thereof the word" a."
Strike the words "in the first edition of said newspaper published after the date of said payment" and insert in lieu thereof the words "within one week after the filing of the application or petition for charter unless otherwise ordered by the court."
Add at the end of the amendment the following words: "Advertisements for dissolutions of charters shall be published in the newspaper in which sheriff's advertisements are published."
So that Section 3 of said bill shall read as follows:
"Section 3. The applicants for the charter shall thereupon file said petition or declaration with the order of the judge thereon in the office of the Clerk of the Superior Court of the county in which the principal office of the corporation is located and shall concurrently therewith deposit with and pay to said clerk the fees of said clerk for his services in said case, to-wit:
Fifteen cents per 100 words for recording the charter and Five ($5.00) Dollars for other services required of the clerk in connection with the application for the charter; applicants shall submit to the clerk an affidavit signed by the duly authorized agent or publisher of a newspaper having general circulation and whose principal place of business is in the county (as of the date of filing of said petition) that there has been deposited with said newspaper the cost of publishing four (4) insertions of said application once a week for four (4) weeks, with the order of the judge thereon. First of said advertisements shall appear within

1262

JouRNAL OF THE HousE,

one week after the filing of the application or petition for charter unless otherwise ordered by the court.
Pro~ided, however, it shall not be necessary that any or all of the advertisements appear before the petition is granted and filed by the clerk.
Advertisements for dissolution of charters shall be published in the newspaper in which sheriff's advertisements are published."
(3) The Conference Committee recommends that House Amendment No. 6, changed as follows, be adopted:
Strike from said amendment where said amendment states Code Section 22-308 as it is to be re-enacted in the 13th and 14th lines thereof, the words "as provided in the Code of 1933" and insert in lieu thereof the words, "as provided in this Act."
And by striking in lines 16 and 17 the words, "as provided in Section 22-601, of the Code of 1933" and inserting in lieu thereof the words, "as provided in this Act";
And by striking in lines 20 and 21 the words "as provided in the Code of 1933 and in Chapter 22-6 of the Code of 1933 as the case may be," and inserting in lieu thereof the words, "as provided in this Act," so that said Amendment No. 6 shall read as follows:
Senate Bill No. 28 is amended by adding in the caption thereof the following, to be placed immediately before the words "and for other purposes":
"To repeal Section 22-308 of the Code of Georgia of 1933, as amended by an Act approved March 15, 1935, (Georgia Laws 1935, pages 108-9, and to repeal said last mentioned Act) and to insert a new section in lieu thereof."
And moves further to amend said Senate Bill No. 28 by adding a new section thereto to be numbered 44-B, and to read as follows:
"Be it further enacted that Section 22-308 of the Code of Georgia of 1933, as amended by an Act approved March 15,

TuESDAY, jANUARY 25, 1938.

1263

1935, (Georgia Laws 1935, pages 108-9) be and the same are hereby repealed, which is to say, that said Code Section and said Act are both hereby repealed and a new section to be numbered 22-308, to read as follows, be inserted in lieu thereof";

"22-308. Charters granted, amended, renewed, or revived in vacation.-The judges of the superior courts shall be authorized and empowered to grant charters to private companies and corporations and to amend, renew, and revive such charters in vacation, either at chambers in the county where the application for charter, amendment, renewal or revivor is pending, or at chambers in any county which forms a part of the judicial circuit in which said application is pending, in the same manner and subject to the same restrictions as now provided by law for granting, amending, renewing, and reviving charters in term time, and the applicants for charters, amendments, and renewals shall comply with the provisions of law, so far as the same may be applicable, as provided in this Act, and the applicants for revivors shall likewise comply with the provisions of law, so far as the same may be applicable, as provided in this Act, and companies whose charters have been granted, amended, renewed or revived in vacation shall be subject to all privileges, powers, conditions, and liabilities, as provided in this Act. All charters of private corporations and all amendments, renewals, and revivors thereof heretofore granted by the judges of the superior courts of this State in vacation, either at chambers in the county where the application was pending or at chambers in any county which forms a part of the judicial circuit in which such application was pending, are hereby confirmed, validated and declared to be of full effect from the dates of the orders or judgments granting such charters, amendments, renewals or revivors."

The committee recommends that the Senate and House agree to House Amendment No.6, as amended.

The committee further recommends that Section 44a be amended by adding at the end thereof, when properly punctuated, the following: "nor to electric membership corporations as

1264

JouRNAL OF THE HousE,

defined in an Act approved March 30, 1937, Georgia Laws, 1937, pages 644 et seq."

Respectfully submitted, PARKER of Colquitt, GRoss of Stephens, SuTTON of Wilkes.

On the part of the House. WILLIAMS of the 5th District, PoPE of the 7th District, ATKINSON of the 1st District.
On the part of the Senate. Mr. Parker of Colquitt moved that the House adopt the report of the Committee of Conference. On the motion, the ayes were 103, the nays 2.

The report of the Committee of Conference on Senate Bill No. 28 was adopted.

Mr. Evans of McDuffie moved that the House disagree to the unfavorable report of the committee on the following bill of the House, to-wit:

By Messrs. McCravey of Union, Moss of Gordon, Brown of Peach, and others-
House Bill No. 111. A bill to be entitled an Act to allocate one additional cent of the 6 cents gas tax to the several counties of this State for road purposes, and for other purposes.
The Speaker ruled the motion out of order.
Under the orders of the day, the following bill of the Senate was again taken up for consideration:

By Senators Purdom of the 46th District and Lindsay of the 34th

District-



Senate Bill No. 49. A bill to be entitled an Act to change the

TuESDAY, jANUARY 25, 1938.

1265

name of the Prison Commission of the State of Georgia to "The State Prison and Parole Commission," and for other purposes.
The following amendments to Senate Bill No. 49 were read and adopted:
Messrs. Harris of Richmond, Parker of Colquitt, Sutton of Wilkes, Lanier of Richmond, Key of Jasper, and Gross of Stephens move to amend Senate Bill No. 49 by striking from line 8 in Section 3 thereof, the following words:
"By and with the approval of the Governor."
Messrs. Harris and Lanier of Richmond, Parker of Colquitt, Sutton of Wilkes, Key of Jasper, Gross of Stephens, and Bradley of Tattnall move to amend Senate Bill No. 49 by striking after the word "Commission" in line 8 of Section 2, the following words:
"Until the expiration of the period of time for which they have heretofore been elected a member of the present Prison Commission of the State of Georgia" and inserting in lieu thereof the following words:
"For a term of six (6) years from date of passage of this Act."
Messrs. Key of Jasper and Zellner of Monroe move to amend Senate Bill No. 49, Section 4, line 2, by striking the word" unanimous" and substituting the word" majority."
Mr. Parker of Colquitt moves to amend Senate Bill No. 49 by striking the whole of Section 5 and substituting as Section 5, the following words:
"The said Prison and Parole Commission is hereby authorized and empowered to employ such employees necessary to the adequate supervising of parolees and probationers and the conduct of its office as said Prison and Parole Commission may deem necessary and is hereby authorized to appoint from their employees a secretary, a clerk and a treasurer to serve at the pleasure of said Prison and Parole Commission. The treasurer shall give bond in an amount not less than $10,000.00. The said Prison and Parole Commission in the operation of said de-

1266

JouRNAL oF THE HousE,

partment shall keep its expenditures within the appropriations made from time to time for said department."
Mr. Parker of Colquitt moves to amend Senate Bill No. 49 by striking therefrom Section 6 in its entirety, and to amend the caption accordingly, and the remaining sections of said bill to be renumbered appropriately.
An amendment offered by Mr. Pilcher of Warren was read and lost.
The following amendment to Senate Bill No. 49 was read and adopted:
Mr. Weaver of Bibb moves to amend Senate Bill No. 49 by adding a new paragraph to be appropriately numbered as follows:
Provided, however, that no member of the General Assembly shall be eligible to be appointed to any position created by this act, or to any subordinate position under the Parole Board until the term of office of such member of the General Assembly shall have expired.
The following amendment was read:
Mr. Kirbo of Decatur moves to amend Senate Bill No. 49 by adding a new section to be appropriately numbered and to read as follows:
Salaries and expenses of State Prison and Parole Commisstoners.
The Commissioners shall receive as salaries the sum of $3,500.00 each per annum, and in addition thereto actual traveling expenses while in the discharge of their duties, which salaries shall be paid as those of Statehouse officers are now paid, and their traveling expenses by warrants upon itemized bills, certified by the Board and approved by the Comptroller General.
On the adoption of the amendment, Mr. Kirbo of Decatur moved the ayes and nays, and the call was sustained.
The roll call was ordered and the vote was as follows:

TuESDAY, jANUARY 25, 1938.

1267

Those voting in the affirmative were Messrs.:

Barnard Blease Bond Brown of Peach Carmichael of Cobb Claxton DeFoor Drinkard Dukes Erwin Gavin Goff Hand

Harden Harrell of Irwin Herrin Hodges Jones of Bartow Jones of Dodge Jones of Elbert Kirbo McGehee Middleton Ragan Rees

Reid of Wilcox Sabados Sams Sartain Scruggs Smith of Dodge Tapp Taunton Walton Warnock Weaver Wilson

Those voting in the negative were Messrs.:

Allison

Evans

Almand

Ferguson

Ansle:v

Field

Barlow

Fitts

Batchelor

Fowler

Bennett

Gammage

Booth

Gra:vson

Bradle:v

Gross

Brewton

Groover

Brooks of Oglethorpe Grubbs

Brown of Greene

Gu;vton

Campbell

Harrell of Brooks

Candler

Harris

Carmichael of Randolph Hastings

Chappell

Herndon

Clark

Hill of Clarke

Clar:v

Hollis

Clements

Houston

Cochran

Houze

Cogdell

Jones of Brantle:v

Coleman

Jones of Jenkins

Daughtr:v

Kendrick

Daves

Ke:v

Deal

Lanham

Dean

Lanier

Drake

Larsen

Dunn

Leonard

Edwards

'Mankin

Elliott

Manr;v

Ennis

Marshall

Etheridge

Martin

Mavicy McCracken McCrave:v McGraw McNall Miller Moore of Baldwin Morgan Moss Mundy Musgrove Newb:v Newton Oden Palmour Parker Perr;v Phillips Pilcher Pirkle Preston of Walton Reid of Carroll Rountree Rowland Salter Sanders Sapp Saunders Simmons Spence Sutton

1268

jOURNAL OF THE HousE,

Swindle Tate Todd Thomas Trapnell Trippe

Vickery Wall Welsch Whale:v Whipple

Whitaker Williams of Bacon Williams of Jones Yeomans Zellner

Those not voting were Messrs. :

Adams Bargeron Barrett Beck Bridges Brooks of Jackson Cohen Corbett Coxon Croker Culpepper of Fa:vette Culpepper of Mitchell Dampier Davis Dollar Douglass Dugas Durden Ellington Flanders

Freeman
Gary
Hamb:v Hampton Harrison Hart Harve:v Ha;ves Hendrix Hill of Screven Hogg Holt Horne Jackson Joel Johnson Keel Lewallen Lewis Milam

Moore of Haralson Moore of Lumpkin Moore of Taliaferro Morris Patten Peebles Peters Pound Preston of Bulloch Rawlins Smith of Henry Smith of Muscogee Striplin Turner Wages Ware Warnell Watkins Mr. Speaker

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

On the adoption of the amendment, the ayes were 37, the nays 109.

The amendment was lost.

The following amendment was read and adopted:

Mr. Bennett of Ware moves to amend Senate Bill No. 49 by adding a new paragraph before the repealing clause and to be appropriately numbered and to read as follows:

"The effective date of this Act shall be February 15, 1938."

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

TuESDAY, jANUARY 25, 1938.

1269

On the passage of the bill, as amended, Mr. Parker of Colquitt 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.:

Allison

G~son

Almand

Gross

Ansley

Groover

Barlow

Grubbs

Bennett

Hamb;v

Booth

Hand

Bradley

Harrell of Brooks

Brooks of Oglethorpe Harrell 'Of Irwin

Brown of Greene

Harris

Carmichael of Cobb

Harve;v

Carmichael of Randolph Hastings

Chappell

Ha;ves

Clark

Herndon

Clar;v

Hill of Clarke

Clements

Hodges

Cochran

Hogg

Cogdell

Hollis

Coleman

Holt

Ooxon

Houston

Croker

Houze

Daves

Jackson

Davis

Johnson

Deal

Jones of Bartow

Dean

Jones of Dodge

Dollar

Jones of Elbert

Drake

Kendrick

Drinkard

Ke;v

Dugas

Lanham

Dunn

Lanier

Edwards

Larsen

Elliott

Lewis

Ennis

Mankin

Erwin

Manr;v

Etheridge

Marshall

Evans

Mavit;v

Ferguson

McCracken

Field

McGehee

Fitts

McGraw

Fowler

McNall

Gammage

Middleton

Gavin

Milam

Miller Moore of Baldwin Moore of Haralson Moore of Lumpkin Morgan Morris Mund;v Musgrove Newb;v Newton Oden Palmour Parker Perr;v Phillips Pirkle Preston of Walton Rawlins Reid of Carroll Rountree Sabados Salter Sanders Sapp Saunders Simmons Spence Striplin sutton Swindle Tate Todd Thomas Trapnell Trippe
Turner Vicker;v Wall Walton Welsch Whale;v

1270

JouRNAL oF THE HousE,

Whipple Whitaker

Williams of Bacon Williams of Jones

Yeomans Zellner

Those voting in the negative were Messrs.:

Blease Bond Brown of Peach Oandler Olaxton DeFoor Dukes Goff Guyton Harden

Herrin Jones of Brantley Jones of Jenkins Kirbo Lewallen McOrave:v Moss Peters Pilcher Ragan

Reid of Wilcox Sams Sartain Scruggs Smith of Dodge Tapp
Taunton Weaver Wilson

Those not voting were Messrs.:

Adams Bargeron Barnard Barrett Batchelor Beck Brewton Bridges Brooks of Jackson Oampbell Oohen
Oorbett Oulpepper of Fa:vette Oulpepper of Mitchell Dampier Daughtry

Douglass Durden Ellington Flanders Freeman
Gary
Hampton Harrison Hart Hendrix Hill of Screven Home Joel Keel Leonard Martin

Moore of Taliaferro Patten Peebles Pound Preston of Bulloch Rees Rowland Smith of Henry Smith of Muscogee Wages Ware Warnell Warnock Watkins Mr. Speaker

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

On the passage of the bill, as amended, the ayes were 129, the nays 29.
The bill having received the requisite constitutional majority was passed, as amended.
The following bill of the House was taken up for the purpose of considering the Senate substitute thereto:

By Mr. Simmons of DecaturHouse Bill No. 78. A bill to be entitled an Act to amend

TuESDAY, jANUARY 25, 1938.

1271

Section 56-224, Georgia Code of 1933, relating to investments by insurance companies, and for other purposes.
The following Senate substitute to House Bill No. 78 was read:
By the Senate-
AN ACT
To define the shares of State chartered building and loan associations and federal savings and loan associations up to $5000 insured by Federal Savings and Loan Insurance Corporation as legal investments for the funds of certain fiduciaries and corporations; to define such insured shares as securities equivalent to cash; to provide for their acceptance by the Treasurer of this State as a deposit under certain circumstances; and for other purposes.
Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority aforesaid, that shares of a State chartered building and loan association, as defined in the Building and Loan Act, and of a Federal savings and loan association shall be legal investments up to $5000 in each institution for the funds of administrators, executors, guardians, trustees, and other fiduciaries of every kind and nature, and for the funds of all insurance companies, credit unions, fraternal benefit societies, and other building and loan and savings and loan associations, provided the institution in whose shares the funds are invested is insured by Federal Savings and Loan Insurance Corporation pursuant to the provisions of Title IV of the National Housing Act of the Congress of the United States, as now or hereafter amended.
Sec. 2. Be it further enacted by the authority aforesaid, that such insured shares referred to in Section 1 hereof shall be deemed to be securities equivalent to cash, and the Treasurer of this State shall accept as a deposit either in whole or in part such insured shares from any insurance company required by law to make deposits of any kind or character with the Treasurer of this State.
Sec. 3. Be it further enacted by the authority aforesaid, that all laws and parts oflaws in conflict herewith are hereby repealed.

1272

JouRNAL OF THE HousE,

Mr. Simmons of Decatur moved that the House agree to the Senate substitute to House Bill No. 78.
On the motion to agree, the ayes were 115, the nays 0.
The Senate substitute was agreed to.
The following report of the Committee on Rules was submitted and read:
Mr. Speaker: Your Committee on Rules having had under consideration the
fixing of a calendar for Tuesday, January 25, 1938, do recommend that the following be adopted as a special and continuing order of business beginning immediately:
1. Senate Bill No. 49. Parole Board.
2. House Bill No. 194. Local distribution of automobile tags.
3. House Bill No. 122. Fishing Boat Reciprocity.
4. House Bill No. 277. Chain Store Tax.
5. House Bill No. 278. Chain Store Tax.
6. House Bill No. 221. Chain Store Tax.
7. House Bill No. 376. Neill-Traylor Map. 8. Hou~e ~ill No. 32-128e. Appropriation to Radio Com-
mission.
9. House Bill No. 234. Relating to Commission Merchants.
10. House Bill No. 126. Reciprocal agreement to truck tax.
11. Senate Resolution No. 12. Counties levying for fire protection.
12. House Bill No. 112. Appropriation to wild life department.
13. House Bill No. 396. Herty Bill. 14. House Bill No. 260. Appropriation for Fringe Beetle.
15. Senate Bill No. {)1. Photographers license board.

TUESDAY, jANUARY 25, 1938.

1273

16. Senate Bill No. 3. Jurisdiction of Ordinary Court. 17. House Bill No. 87. Vending Machines. 18. Senate Bill No. 43. Jury Commissioners. 19. Senate Bill No. 37. Reorganizing National Guards. 20. Senate Bill No. 73. Burgin Home Rule.
Penal Reform Bills 21. Senate Bill No. 63. Public Works Camp. 22. Senate Bill No. 64. Electrocutions at State Farm. 23. Senate Bill No. 65. Change of Prison Commission. 24. Senate Bill No. 66. Prohibiting sales of liquor near state
farm. 25. Senate Bill No. 79. Parole Commission. 25a. House Bill No. 423. Appropriation for prison board. 26. House Bill No. 359. Substituting lethal gas. 27. House Bill No. 100. Elections bill. 28. Senate Bill No. 45. Relating to Alimony. 29. Senate Bill No. 58. State Purchasing Agent. 30. House Bill No. 310. Coastal Experiment Station. 31. House Bill No. 467. For Automobile Signals. 32. House Bill No. 197. Collection of Delinquent Taxes. 32a. House Bill No. 70. Tax Exemption on Year's Support. 33. House Bill No. 280. Tax on Ice Cream Dealers. 34. House Bill No. 264. Elimination of Ad Valorem Tax. 35. House Bill No. 240. Exemption of Counties Fuel Oil
Tax. 36. House Bill No. 348. Dealers in Live Stock. 37. House Bill No. 458. Payment of ad valorem taxes in
installments.

1274

JouRNAL oF THE HousE,

38. Senate Bill No. 95. Building and Loan Associations.
39. Senate Bill No. 96. Building and Loan Associations.
40. House Bill No. 66. Qualification of Judges.
41. Senate Bill No. 13. Newspapers Libel.
42. House Bill No. 188. Wine Tax.
43. Senate Bill No. 92. Salary of Industrial Board.
44. Senate Bill No. 102. Amending Intangible Tax Act.
45. House Bill No. 157. Collection of Mileage Tax.
46. House Bill No. 179. Relating to Primary Elections. 47. House Resolution No. 94-366b. Naming Sam Tate
Highway. 48. House Bill No. 475. Fixing taxable situs of property. 49. Senate Bill No.8. Distribution of Gas Tax. 50. House Bill No. 247. Repealing Contractors Law. 51. House Bill No. 299. Penalty and Tax on Fi-Fas. 52. House Bill No. 370. Permitting Counties to Borrow
Money. 53. Senate Bill No. 50. Changing Milk Board Law. 54. House Bill No. 410. Hog Serum Bill. 55. House Bill No. 206. Farm Markets. 56. Senate Bill No. 91. Amending Income Tax Law. 57. House Bill No. 233. 59. All constitutional amendments effecting one county, gen-
eral bills of local applications, local bills, bills refunding tax or relieving bond forfeiture. Bills provided for in order No. 59 to be called for passage at the pleasure of the Speaker, and we recommend that the Speaker use his judgment in placing resolutions amending the Constitution up for passage.
Respectfully submitted, SuTTON of Wilkes, Vice-Chairman.

TuESDAY, jANUARY 25, 1938.

1275

The following amendment to the report of the Committee on Rules was read:
Messrs. Ferguson of Sumter, Wilson of Murray, Sams of DeKalb, Carmichael of Cobb, Clark of Catoosa, Allison of Gwinnett, Ennis of Baldwin, Smith of Dodge, Jones of Bartow, Sabados of Dougherty, and Jones of Dodge move to amend the proposed calendar as fixed by the Rules Committee by placing at the head of the calendar, for immediate consideration, House Bill No. 111, which bill allocates one cent of gasoline tax to counties of Georgia, for second reading for purpose of disagreeing with an adverse report of the Committee on Public Highways No. 1.
On the adoption of the amendment, the ayes were 71, the nays 42.
The amendment was adopted.
An amendment offered by Mr. Taunton of Taylor to the report of the Committee on Rules was read and lost.
An amendment offered by Mr. Evans of McDuffie to the report of the Committee on Rules was read and lost.
The report of the Committee on Rules was adopted, as amended.
Mr. Sutton of Wilkes moved that the House recess for one hour, and the motion prevailed.
2:00 o'clock P. M.
The Speaker called the House to order.
The following resolution was read and adopted:
By Messrs. Houston of Worth and Swindle of Berrien-
House Resolution No. 145.

A RESOLUTION
Whereas, the Hon. W. F. Patten, member of this Assembly of Cook County, did on last Friday afternoon, January 21, 1938, suffer the loss by death of his beloved wife, and

1276

JouRNAL OF THE HousE,

Whereas, this House does deeply regret this sad occurrence to the distinguished gentleman from Cook, and
Whereas, the gentleman from Cook, Mr. Patten, has served with this Body in a very distinguished manner, and

Whereas, this House does deeply regret the loss of the estimable gentleman's comrade,
Therefore, be it resolved by this House that we do extend to the gentleman from Cook, our beloved comrade, Mr. W. F. Patten, our sincerest sympathy, and do unanimously join him in his bereavement, and that a copy of this resolution be placed upon the records of this assembly and that a copy be sent to Mr. W. F. Patten.
Under the order of business established by the Committee on Rules, the following bill of the House was taken up for the purpose of considering the unfavorable report of the committee, and read the second time:

By Messrs. McCravey of Union, Moss of Gordon, Brown of Peach, and others-
House Bill No. 111. A bill to be entitled an Act to allocate one additional cent of the six cents gas tax to the several counties of this State for road purposes, and for other purposes.

Mr. Gross of Stephens moved the previous question, the call was sustained, and the main question was ordered.

On the question of disagreeing to the unfavorable report of the committee, Mr. Todd of Glascock 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 Allison Ansley Barnard Barrett Beck
l31~(1

Bond Brewton Brown of Peach Oandler Carmichael of Oobb Olark
O~D

Oogdell Oohen Ooleman Oroker Culpepper of Fayette
Davis
Peal

TuESDAY, jANUARY 25, 1938.

1277

Dean DeFoor Dollar Drake Drinkard Dugas Dukes Dunn Elliott Ennis Erwin Evans Ferguson Fitts Goff GUYton Harden Harrell of Irwin Harris

Herndon Hodges Jackson Joel Johnson Jones of Bartow Jones of Dodge
Kirbo Lewallen Marshall Martin McCravey McGehee Moore of Taliaferro Morris Newby Peters Pilcher Pirkle

Rees Reid of Carroll Reid of Wilcox Rowland Sabados Sams Sartain Scruggs Smith of Dodge Tate Taunton Vickery Warnock Weaver Whaley
Whitaker Wilson Zellner

Those voting in the negative were Messrs.:

Barlow

Hill of Screven

Booth

Holt

Bradley

Houston

Carmichael of Randolph Houze

Chappell

Jones of Brantley

Clary

Jones of Elbert

Cochran

Jones of Jenkins

Corbett

Kendrick

Coxon

Key

Daves

Lanham

Douglass

Lanier

Edwards

Lewis

Etheridge

Mankin

Fowler

Manry

Gammage

Mavity

Gavin

McCracken

Gross

McGraw

Groover

McNall

Grubbs

Milam

Hand

Miller

Harrell of Brooks

Moore of Baldwin

Harvey

Moore of Lumpkin

Hastings

Mundy

Herrin

Musgrove

Newton Oden Parker Perry Phillips Preston of Walton Rawlins Rountree Sapp Simmons Spence Sutton Swindle Tapp Todd Trippe Wall Walton Ware Welsch Whipple Williams of Bacon Williams of Jones
Yeomans

1278

JouRNAL OF THE HousE,

Those not voting were Messrs.:

Almand Bargeron Batchelor Bennett Bridges Brooks of Jackson Brooks of Oglethorpe Brown of Greene Campbell Olements Culpepper of Mitchell Dampier Daughtry Durden Ellington Field Flanders Freeman
Ganr

Grayson Hamby Hampton Harrison
Hart Hayes Hendrix Hill of Clarke Hogg Hollis Home Keel Larsen Leonard Middleton Moore of Haralson Morgan Moss Palmour

Patten Peebles Pound Preston of Bulloch Ragan Salter Sanders Saunders Smith of Henry Smith of Muscogee Striplin
Thomas Trapnell Turner Wages Warnell Watkins Mr. Speaker

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

On the question of disagreeing to the unfavorable report of the committee, the ayes were 77, the nays 72.

The unfavorable report of the committee was disagreed to.

The following bill of the House was taken up for the purpose of considering the Senate amendments thereto:

By Messrs. Marshall of Macon and Taunton ofTaylor-

House Bill No. 443. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding a certain road to the State Aid System of Roads, and for other purposes.

The following Senate amendment to House Bill No. 443 was read:

By the Senate--
The Senate moves to amend House Bill No. 443 by inserting directly after the words "State Highway No." the first time same appears in the caption the following "96" and by inserting "90" directly after same the second time said words appear in

TuESDAY, jANUARY 25, 1938.

1279

said caption and by inserting "96" directly after said words the first time same appears in Section 1 of said bill and by inserting "90" directly after said words the second time same appears in said Section 1.
On the question of agreeing to the Senate amendment, the ayes were 109, the nays 0.
The Senate amendment was agreed to.
By unanimous consent, the following bill of the House was withdrawn from further consideration of the House:
By Messrs. Parker and Barlow of Colquitt-
House Bill No. 502. A bill to be entitled an Act to amend an Act creating a new charter for the City of Moultrie, and for other purposes.
The following bill of the House was taken up for the purpose of considering the Senate amendment thereto:
By Messrs. Key of Jasper and Campbell of Newton-
House Bill No. 379. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding a certain road to the State Aid System of Roads, and for other purposes.
The following amendment to House Bill No. 379 was read:
The Senate moves to amend House Bill No. 379 by changing the period to a semicolon and adding the following, "also that road or route from Eudora, on Route No. 11 in Jasper County via of Mechanicsville and Jackson Dam to Bridge on Route No. 16 in Butts County, Georgia, a distance of nine miles."
Also moves to amend caption accordingly.
On the question of agreeing to the Senate amendment, the ayes were 105, the nays 0.
The Senate amendment was agreed to.
Under the order of business established by the Committee on Rules, the following bill of the House was taken up for consideration and read the third time:

1280

JouRNAL oF THE HousE,

By Messrs. Groover, Morgan and Ware of Troup, Hodges of Liberty, and Sanders of Coweta-
House Bill No. 194. A bill to be entitled an Act to provide for the sale and distribution of license plates in each county of the State, and for other purposes.
Mr. Ennis of Baldwin moved that further action on House Bill No. 277 be postponed until 2:00 o'clock P. M., Wednesday, January 25th, 1938.
Mr. Culpepper of Fayette asked unanimous consent that the Speaker appoint five members of the House as a sub-committee to consider House Bill No. 194, and the request was granted.
The Speaker appointed the following members, as a sub-committee, to consider House Bill No. 194:
Messrs. Lanham of Floyd,
Ennis of Baldwin,
Fowler of Treutlen,
Hodges of Liberty,
Smith of Dodge, and
McGraw of Meriwether.
Under the order of business established by the Committee on Rules, the following bills of the House were taken up for consideration and read the third time:
By Messrs. DeFoor of Mcintosh, Hodges of Liberty, and Cohen of Chatham-
House Bill No. 122. A bill to be entitled an Act amending Section 45-210 of the Georgia Code of 1933, relating to license fees levied on commercial fishing boats and providing the amounts thereof, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 116, the nays 2.

TuESDAY, jANUARY 25, 1938.

1281

The bill having received the requisite constitutional majority was passed.
By Messrs. Ennis of Baldwin and Lanier of Richmond-
House Bill No. 277. A bill to be entitled an Act to amend an Act dealing with chain stores, fixing occupation taxes thereon, and for other purposes.
The House was resolved into the Committee of the Whole House to consider House Bill No. 277, with Mr. Brown of Peach in the Chair.
The Committee of the Whole House arose and through its chairman, reported the bill back to the House with the recommendation that the same do pass.

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

On the passage of the bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Allison Almand Ansley Barlow Barnard Barrett Beck Bennett Blease Bond Bradley Brewton Brooks of Jackson Brooks of Oglethorpe Brown of Greene Brown of Peach Campbell Candler Carmichael of Cobb Chappell Clark

Clary Claxton Cochran Cogdell Cohen Corbett Coxon Culpepper of Fayette Daves Davis Deal DeFoor Dollar Drinkard Dugas Dukes Dunn Edwards Ennis Erwin Etheridge Evans

Ferguson Fitts Fowler Freeman Gammage Goff Grayson Groover Grubbs Guyton Hand Harden Harrell of Brooks Harrell of Irwin Harris Harve:v Hastings Herndon Herrin Hill of Screven Hodges Hogg

1282

JouRNAL OF THE HousE,

Hollis Holt Houston Jackson Joel Johnson Jones of Bartow Jones of Brantley Jones of Dodge Jones of Jenkins Kirbo Lanier Lewallen Lewis Mankin Manry Marshall Mavity McCracken McGehee McGraw McNall Middleton Milam Miller Moore of Baldwin Moore of Haralson

Moore of Lumpkin Moore of Taliaferro Morris Mundy Musgrove Newby Newton Oden Palmour Parker Perry Peters Pilcher Pirkle Ragan
Rawlins Rees Reid of Carroll Reid of Wilcox Rountree Sabados Sams Sanders Sapp Sartain Scruggs Simmons

Those not voting were Messrs.:

Bargeron

Flanders

Batchelor

Gary

Booth

Gavin

Bridges

Gross

Carmichael of Randolph Hamby

Clements

Hampton

Coleman

Harrison

Croker

Hart

Culpepper of Mitchell Hayes

Dampier

Hendrix

Daughtry

Hill of Clarke

Dean

Horne

Douglass

Houze

Drake

Jones of Elbert

Durden

Keel

Ellington

Kendrick

Elliott

Key

Field

Lanham

Spence Striplin Sutton Swindle Tapp Tate Taunton Todd Thomas Trapnell Trippe Vickery Wall Walton Ware Warnock Watkins Weaver Welsch Whaley Whipple Whitaker Williams of Bacon Williams of Jones Wilson Yeomans Zellner
Larsen Leonard Martin McCravey Morgan Moss Patten Peebles Phillips Pound Preston of Bulloch Preston of Walton Rowland Salter Saunders Smith of Dodge Smith of Henry Smith of Muscogee

TuESDAY, jANUARY 25, 1938.

1283

Turner Wages

Warnell

Mr. Speaker

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

On the passge of the bill, the ayes were 147, the nays 0.

The bill having received the requisite constitutional majority was passed.

Mr. Hodges of Liberty moved that the House do now adjourn until 9:30 o'clock tomorrow morning, and the motion prevailed.

Leaves of absence were granted to Messrs. Batchelor of Putnam, Pound of Hancock, and Horne of Bibb.

The Speaker announced the House adjourned until9:30 o'clock tomorrow morning.

1284

JouRNAL OF THE HousE,

REPRESENTATIVE HALL, ATLANTA, GA.,

WEDNESDAY, jANUARY 26, 1938.

The House met, pursuant to adjournment, this day at 9:30 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

Coxon

Allison

Croker

Almand

Culpepper of Fayette

Ansley

Daughtry

Bargeron

Daves

Barlow

Davis

Barnard

Deal

Barrett

Dean

Batchelor

DeFoor

Beck

Dollar

Bennett

Douglass

Blease

Drake

Bond

Drinkard

Booth

Dugas

Bradley

Dukes

Brewton

Dunn

Bridges

Durden

Brooks of Jackson

Edwards

Brooks of Oglethorpe Elliott

Brown of Greene

Ennis

Brown of Peach

Erwin

Campbell

Etheridge

Candler

Evans

Carmichael of Cobb

Ferguson

Carmichael of Randolph Field

Chappell

Fitts

Clark

Fowler

Clary

Freeman

Claxton

Gammage

Clements

Gary

Cochran

Gavin

Cogdell

Goff

Cohen

Grayson

Coleman

Gross

Corbett

Groover

Grubbs Guyton Hamby Hampton Hand Harden Harrell of Brooks Harrell of Irwin Harris Harrison
Hart Harvey Hastings Hayes Hendrix Herndon Herrin Hill of Clarke Hill of Screven Hodges Hogg Hollis Holt Houston Houze Jackson Joel Johnson Jones of Bartow Jones of Brantley Jones of Dodge Jones of Elbert Jones of Jenkins Kendrick Key

WEDNESDAY, JANUARY 26, 1938.

1285

Kirbo Lanham Lanier Larsen Leonard Lewallen Lewis Mankin Manry
Marshall Martin Mavity McCracken McCravey McGehee McGraw McNall Middleton Milam Miller Moore of Baldwin Moore of Haralson Moore of Lumpkin Moore of Taliaferro Morgan Morris Mundy Musgrove Newby Newton

Oden Palmour Parker Perry Peters Ph1llips Pilcher Pirkle Preston of Bulloch Preston of Walton Ragan Rawlins Rees Reid of Carroll Reid of Wilcox Rountree Rowland Sabados Salter Sams Sanders Sapp Sartain Saunders Scruggs Simmons Smith of Dodge Smith of Henry Smith of Muscogee Spence

Striplin Sutton Swindle Tapp Tate Taunton Todd Thomas Trapnell Trippe
Turner Vickery Wall Wages Walton Ware Warnell Warnock Watkins Weaver Welsch Whaley Whipple Whitaker Williams of Bacon Williams of Jones Wilson Yeomans Zellner Mr. Speaker

Mr. Harrell of Brooks, Acting Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

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.
~- Reports of ~tanding committees.

1286

JouRNAL OF THE HousE,

3. Second reading of bills and resolutions, favorably reported.
4. Third reading and passage of local uncontested bills and resolutions.
5. First reading and reference of Senate bills and resolutions.
By unanimous consent, the following bills and resolution were introduced, read the first time, and referred to the committees:
By Messrs. Evans of McDuffie and Dukes of Washington-
House Bill No. 515. A bill to be entitled an Act to provide for the reimbursement by the State of Georgia of any debt, lien or other obligation created against any county of the State of Georgia under the terms of a bill now pending in the Congress of the United States of America, commonly known as the "AntiLynch Bill," and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Brown of Greene-
House Bill No. 516. A bill to be entitled an Act to amend an Act to incorporate the City of Union Point, in the County of Greene, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Cohen of Chatham-
House Bill No. 517. A bill to be entitled an Act to amend the Code of Georgia of 1933, by providing that any person convicted under certain sections shall be punished as for a misdemeanor, instead of a felony, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Messrs. Sanders and Hart of Coweta-
House Resolution No. 146-517a. A resolution relieving the administrator or executor of the Estate of T. G. Farmer, Jr., and the executors of the Estate ofT. G. Farmer, Sr., and H. C. Arnall, Jr., from the payment of any and all interest due the Estate of George Lee, and for other purposes.
Referred to Committee on Special Judiciary.

WEDNESDAY, jANUARY 26, 1938.

1287

By Mr. Hand of Mitchell-
House Bill No. 518. A bill to be entitled an Act to amend the Highway Mileage Act by adding a certain road in Mitchell and Baker Counties, and for other purposes.
Referred to Committee on Public Highways No.2.
By Messrs. Parker of Colquitt and Lanham of Floyd-
House Bill No. 519. A bill to be entitled an Act to repeal Sections 16-9901 and 16-9902 of the Code of 1933, of Georgia, and for other purposes.
Referred to Committee on State of Republic.
By Messrs. Perry and Houston of Worth and Parker and Barlow of Colquitt-
House Bill No. 520. A bill to be entitled an Act to amend the Highway Mileage Act by adding additional mileage m Worth and Colquitt Counties, and for other purposes.
Referred to Committee on Public Highways No.2.
By Mr. Brewton of Evans-
House Bill No. 521. A bill to be entitled an Act to amend an Act approved March 29, 1937, which Act provides for the regulation and licensing of dance halls in certain counties of this State, and for other purposes.
Referred to Committee on Ways and Means.
Mr. Brown of Greene 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. 458. Do pass, by substitute.
House Bill No. 512. Do pass.
Respectfully submitted,
BROWN of Greene, Chairman.

1288

JouRNAL OF THE HousE,

Mr. Sartain of Walker County, Chairman of the Committee on Engrossing, submitted the following report:
Mr. Speaker:
Your Committee on Engrossing has examined, found properly engrossed, and ready for transmission to the Senate, the following bills and resolution of the House, to-wit:
House Bills Nos. 122, 277, 496, 498.
House Resolution No. 129-474a.
Respectfully submitted,
SARTAIN of Walker, Chairman.
Mr. Groover of Troup County, Chairman of the Committee on Enrolling, submitted the following report:
Mr. Speaker:
Your Committee on Enrolling has examined, found properly enrolled, and ready for transmission to the Governor, the following bills of the House, to-wit:
House Bills Nos. 374, 78, 443, 459.
Respectfully submitted,
GRoOVER of Troup, Chairman.
Mr. McCracken of Jefferson 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 Senate and have instructed me, as Chairman, to report the same back to the House with the following recommendations:
Senate Bill No. 123. Do pass. House Bill No. 513. Do pass.
Respectfully submitted, McCRACKEN of Jefferson, Chairman.

WEDNESDAY, jANUARY 26, 1938.

1289

Mr. Almand of Walton County, Chairman of the Committee on Penitentiary, submitted the follC'wing report:
Mr. Speaker:
Your Committee on Penitentiary 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. 66. Do pass.
Respectfully submitted,
ALMAND of Walton, Chairman.
By unanimous consent, the following bills of the House and Senate, favorably reported, were read the second time:
By Senators Purdom of the 46th District, Atkinson of the 1st District, and Lindsay of the 34th District-
Senate Bill No. 66. A bill to be entitled an Act to prohibit the sale of intoxicating beverages or the operating of dancing halls within one mile of State penal institutions, and for other purposes.
By Senator Purdom of the 46th District-
Senate Bill No. 123. A bill to be entitled an Act to amend the charter of the City of Blackshear, and for other purposes.
By Mr. Hastings of Fulton-
House Bill No. 458. A bill to be enti tied an Act to provide for the payment of municipal, county, State, school district and other ad valorem taxes upon a monthly, quarterly, semi-annual or annual basis, and for other purposes.
By Mr. Oden of Pierce-
House Bill No. 512. A bill to be entitled an Act to provide for the payment of official bond premiums for the Tax Collector and Tax Receiver of Pierce County, and for other purposes.
By Mr. Moore of Haralson-
House Bill No. 513. A bill to be entitled an Act to amend the charter of the City of Bremen, and for other purposes.

1290

JouRNAL oF THE HousE,

By unanimous consent, the following bills and resolution of the House were read the third time and placed upon their passage:
By Mr. Warnell of BryanHouse Bill No. 497. A bill to be entitled an Act to change the
term of the Superior Court in Bryan County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Parker and Barlow of ColquittHouse Bill No. 503. A bill to be entitled an Act to amend an
Act creating a new charter for the City of Moultrie, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Musgrove of ClinchHouse Resolution No. 137-503a. A resolution authorizing
the County Commissioners of Clinch County to pay a certain sum of money to the widow of Deputy Sheriff Carey Thomas, and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 105, the nays 0.
The resolution having received the requisite constitutional majority was adopted.
By Mr. Cogdell of GlynnHouse Bill No. 505. A bill to be entitled an Act to provide

WEDNESDAY, jANUARY 26, 1938.

1291

for holding three regular terms a year of the Superior Court 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 the passage of the bill, the ayes were 106, the nays 0.
The bill having received the requisite constitutional majority was passed.
By unanimous consent, the following bills of the Senate were read the first time and referred to the committees:
By Senators Pope of the 7th District, Atkinson of the 1st District, Jackson of the 14th District, and Phillips of the 29th District-
Senate Bill No. 114. A bill to be entitled an Act to provide for the confirmation by the Senate of appointees of the Governor for Public Office, and for other purposes.
Referred to Committee on State of Republic.
By Senators Patten of the 6th District and Williams of the 5th District-
Senate Bill No. 119. A bill to be entitled an Act to establish the Herty Pulp and Paper Laboratory Foundation; to incorporate the same; to define its powers and duties; and for other purposes.
Referred to Committee on State of Republic.
By Senator Griner of the 45th District-
Senate Bill No. 127. A bill to be entitled an Act to prohibit goats from running at large in the County of Telfair; to provide penalty for violation of this Act; and for other purposes.
Referred to Committee on Counties and County Matters.
Mr. Jones of Brantley arose to a question of personal privilege and addressed the House.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:

1292

JouRNAL or THE Hous,

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill, by substitute, as amended, of the House, to-wit:
By Mr. Corbett of Atkinson-
House Bill No. 161. A bill providing for the levy of an occupation, or license tax or fee, for State purposes, on persons operating or doing business from rolling stores, and for other purposes.
The Senate has passed by the requisite constitutional majority the following bill, by substitute, of the House:
By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton-
House Bill No. 349. A bill creating a new charter for the City of Atlanta, and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills, as amended, of the House:
By Mr. Hodges of Liberty-
House Bill No. 387. A bill abolishing the office of Tax Collector of Liberty County; to create in lieu thereof the office of Tax Commissioner; and for other purposes.
By Mr. Harrison of Crawford-
House Bill No. 202. A bill to amend an Act enabling the State Highway Department to carry out the provisions of an amendment to the Constitution, 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 House, to-wit:
By Messrs. Harris of Richmond, Gross of Stephens, and Key of Jasper-
House Resolution No. 139. A resolution expressing sympathy to the family of the late Hon. Logan Bleckley, deceased, and for other purposes.

WEDNESDAY, jANUARY 26, 1938.

1293

The Senate has adopted the report of the Conference Committee on the following bill of the Senate, to-wit:
By Senators Atkinson of the 1st District, Pope of the 7th District, Almand of the 50th District, and Allen of the 31st District-
Senate Bill No. 28. A bill amending the incorporation laws of the State 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 constitutional majority the following bill of the Senate, to-wit:
By Senator Shannon of the 21st District-
Senate Bill No. 118. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding mileage in Twiggs and Wilkinson Counties, and for other purposes.
The following resolution of the House was read and adopted:
By Messrs. Evans of McDuffie and Drinkard of Lincoln-
House Resolution No. 147.

A RESOLUTION
Whereas, the State Board of Public Welfare is demanding of the county governments of Georgia an advance of 100% of certain expenses of the administration of Old Age Assistance.
And Whereas there appears to be no provision for return of this money to the counties, but merely that 90% will be returned by the State Department to the county directors of Old Age AssiStance,
And Whereas many of the counties are not in financial condition to meet such demand, and
Whereas it was generally understood that the expenses to the county governments were to be reduced and not increased,

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And Whereas it is desirable to know why the increase in expenses is demanded, before the present session of the General Assembly adjourns, so that some steps to remedy the situation may be taken if there is any remedy,
Therefore, be it resolved by the House of Representatives, that a committee of three members of the House of Representatives be appointed by the Speaker to confer with the State Department of Public Welfare to gain all information possible about this matter, and to report back to the House not later than Friday next, immediately after the period of unanimous consents,
And that said committee be not authorized to incur any expense to the State of Georgia.
Under the provisions of House Resolution No. 147, the Speaker appointed as a committee, the following members of the House, to-wit:
Messrs. Williams of Bacon,
Mundy of Polk, and
Deal of Bulloch.
The following resolution of the Senate was read and adopted:
By Senator Williams of the 5th District-
Senate Resolution No. 43.

A RESOLUTION
Whereas, under Sections 1, 2 and 3 of the Clarke-McNary law as passed by Congress in 1924, the Secretary of Agriculture is authorized and directed to cooperate with appropriate officials in each State, and through them with private and other agencies therein, in the protection of forest lands from fire; and
Whereas, under this Act, $2,500,000.00 per annum is authorized to be appropriated for the administration of the provisions of this Act in the several States; and
Whereas, the Bureau of the Budget has approved only $1,655,000.00 per annum for the carrying out of the provisions of this Act; and

WEDNESDAY, jANUARY 26, 1938.

1295

Whereas, with the advent of pulp mills and other wood-using industries in this and other States resulting in an increased demand for adequate forest fire protection, it becomes obvious that the present allocation of funds is not sufficient to meet adequately the demands of the citizens of this State for forest fire protection.
Therefore, be it resolved by the General Assembly of Georgia, that the members of the Georgia delegation in Congress be requested to take the necessary steps to secure for Georgia and the several States the full appropriation allowed by law.
Be it further resolved, that copies of this resolution be transmitted to each member of the Georgia delegation in our National Congress.
Under the order of business established by the Committee on Rules, the following bills and resolutions of the House were taken up for consideration and read the third time:
By Mr. McCracken of Jefferson-
House Bill No. 500. A bill to be entitled an Act to amend the Highway Mileage Act by adding a certain road to the State Aid System of Roads, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Dampier and Larsen of Laurens-
House Resolution No. 59-297a. A resolution relieving R. L. Tindol as surety on a bond, and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 110, the nays 0.
The resolution having received the requisite constitutional majority was adopted.

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By Mr. Adams of Franklin-
House Bill No. 489. A bill to be entitled an Act to amend the Highway Mileage Act by adding a certain road to the State Aid System of Roads, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Harris and Lanier of Richmond-
House Resolution No. 138-504a. A resolution relieving Thomas L. Clary as surety on a bond, and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 105, the nays 0.
The resolution having received the requisite constitutional majority was adopted.
By Messrs. Batchelor of Putnam and Key of Jasper-
House Bill No. 499. A bill to be entitled an Act to amend the Highway Mileage Act by adding a certain road to the State Aid System of Roads, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Lanham, Davis, and Keel of Floyd-
House Bill No. 501. A bill to be entitled an Act to provide for the compensation of and payment to clerks of the Superior Courts in counties of a certain population, and for other purposes.

WEDNESDAY, jANUARY 26, 1938.

1297

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Brooks of Jackson-
House Bill No. 509.
AN ACT
To be entitled an Act to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize the City of Jefferson to incur a bonded indebtedness in addition to that heretofore authorized by the Constitution and Laws of Georgia for the purpose of refunding and retiring its existing bonded indebtedness due up to and including January 1, 1938, and which becomes due up to and including January 1, 1945; to provide that the funds raised from such additional bonded indebtedness shall be used exclusively for the retirement of said bonded indebtedness that is or may become due and unpaid as of January 1, 1945; to provide the terms of their issue; to provide for the submission of the amendment for ratification by the people; and for other purposes.
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, which has heretofore been amended, shall be further amended. by adding at the end thereof a new paragraph in the following words, to-wit:
"And except that the City of Jefferson may issue refunding serial bonds not in excess of the aggregate sum of $35,000.00 for the purpose of refunding and retiring any bonded indebtedness of said city outstanding, past due and unpaid on January 1, 1938, and any bonded indebtedness of said city outstanding and which becomes due up to and including January 1, 1945, and provide for the assessment and collection of an annual tax, sufficient in amount to pay the principal and interest of said bonds as they

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JouRNAL OF THE HousE,

fall due; the proceeds of all such refunding bonds so issued by the City of Jefferson to be used exclusively for the purpose of paying and retiring said bonded indebtedness that is or may become due and unpaid as of January 1, 1945. Said refunding bonds shall be issued when authorized by a vote of the Mayor and Council of the City of Jefferson, and shall be validated."
Sec. 2. Be it further enacted by the authority aforesaid, that when said amendment shall be agreed to by two-thirds vote of the members of each House, with the "ayes" and "nays" thereon, and published in one or more newspapers in each Congressional District in this State for two months previous to the time for holding the next general election, at which proposed amendments to the Constitution of this State may be voted on, and shall at said next general election be submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, "For ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the City of Jefferson to issue refunding bonds," and all persons opposed to the adopting of said amendment shall have written or printed on their ballots the words, "Against ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the City of Jefferson to issue refunding bonds," and if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof, when the results shall be consolidated as now required by law in election for members of the General Assembly, the said amendment shall become a part of Article 7, Section 7, Paragraph 1, of the Constitution of the State, and the Governor shall make a proclamation therefor, as provided by law.
Sec. 3. All laws and parts of laws in conflict herewith are hereby repealed.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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

WEDNESDAY, jANUARY 26, 1938.

1299

Those voting in the affirmative were Messrs.:

Adams

Gammage

Allison

Gavin

Almand

Goff

Ansley

Grayson

Barlow

Gross

Barnard

Groover

Batchelor

Grubbs

Blease

GuYton

Bond

Hamby

Booth

Hand

Bradley

Harden

Brewton

Harrell of Brooks

Bridges

Harrell of Irwin

Brooks of Jackson

Harris

Brown of Greene

Harrison

Brown of Peach

Hart

Carmichael of Cobb

Harvey

Carmichael of Randolph Hastings

Chappell

Hayes

Clark

Hendrix

Clary

Herndon

Claxton

Herrin

Clements

Hill of Clarke

Cochran

Hill of Screven

Cohen

Hogg

Corbett

Hollis

Croker

Houston

Daves

Jackson

Davis

Joel

Deal

Johnson

Dean

Jones of Bartow

DeFoor

Jones of Brantley

Douglass

Jones of Dodge

Drake

Jones of Elbert

Drinkard

Kendrick

Dunn

Key

Durden

Kirbo

Edwards

Lanier

Elliott

Leonard

Ennis

Lewis

Erwin

Manry

Etheridge

Martin

Ferguson

Mavity

Field

McCracken

Fitts

McGehee

Freeman

McNall

Milam Miller Moore of Baldwin Moore of Haralson Moore of Lumpkin Moore of Taliaferro Morgan Mundy Newby Newton Palmour Parker Peters Phillips Pilcher Pirkle Ragan Rees Reid of Carroll Reid of Wilcox Rountree Rowland Sabados Salter Sanders Sapp Sartain Saunders Scruggs Simmons Spence Striplin Sutton Swindle Tapp
Tate Todd Thomas Trapnell Trippe Vickery Wall Walton Ware Warnell Warnock

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Watkins Weaver Welsch Whaley

Whipple Whitaker Williams of Bacon Williams of Jones

Those not voting were Messrs.:

Wilson Yeomans Zellner

Bargeron Barrett Beck Bennett Brooks of Oglethorpe Campbell Candler Cogdell Coleman Coxon Culpepper of Fayette Culpepper of Mitchell Dampier Daughtry
Dollar Dugas Dukes Ellington Evans

Flanders Fowler Gary Hampton Hodges Holt Horne Houze Jones of Jenkins Keel Lanham Larsen Lewallen Mankin Marshall McCravey McGraw Middleton Morris

Moss Musgrove Oden Patten Peebles Perry Pound Preston of Bulloch Preston of Walton Rawlins Sams Smith of Dodge Smith of Henry Smith of Muscogee Taunton Turner Wages Mr. Speaker

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

On the passage of the bill, the ayes were 149, the nays 0.

The bill having received the requisite two-thirds constitutional majority was passed.

By Mr. Swindle of Berrien-

House Bill No. 463.

A BILL

To be entitled an Act to propose to the qualified voters of Georgia, an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize the trustees of the Beaverdam School District of Berrien County, Georgia, to incur a bonded indebtedness in addition to that heretofore authorized by the Constitution and laws of Georgia for the purpose of refunding and retiring its existing bonded indebtedness due

WEDNESDAY, jANUARY 26, 1938.

1301

and unpaid as of October 1, 1938, and which becomes due up to and including October 1, 1938; to provide that the funds raised from such additional bonded indebtedness shall be used exclusively for the retirement of said bonded indebtedness that is or may become due and unpaid as of October 1, 1938; to provide the terms of their issue; to provide for the submission of the amendment for ratification by the people; and for other purposes.
Be it enacted by the General Assembly of the State of Georgia:
Section 1. Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, is hereby amended by adding at the end thereof a new paragraph in the following words, to-wit:
"And except that the Beaverdam School District of Berrien County, Georgia, may issue refunding serial bonds not in the excess of the aggregate sum of ........ for the purpose of refunding and retiring any bonded indebtedness of said school district, outstanding, past due and unpaid on October 1, 1938, and any bonded indebtedness of said school district outstanding and which becomes due up to and including October 1, 1938, and provide for the assessment and collection of an annual tax, sufficient in amount to pay the principal and interest of said bonds as they fall due; the proceeds of all such refunding bonds so issued by the said Beaverdam School District of Berrien County to be used exclusively for the purpose of paying and retiring said bonded indebtedness that is or may become due and unpaid as of October 1, 1938. Said refunding bonds shall be issued when authorized by a vote of the trustees of the said Beaverdam School District, and shall be validated."
Sec. 2. When said amendment is agreed to by two-thirds vote of the members of each House, with the "ayes" and "nays" thereon, it shall be published in one or more newspapers in each Congressional District in this State for two months previous to the time for holding the next general election, at which proposed amendments to the Constitution of this State may be voted on, and shall, at said next general election be submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words," For ratifica-

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JouRNAL OF THE HousE,

tion of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the Beaverdam School District of Berrien County to issue refunding bonds," and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words," Against ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the Beaverdam School District of Berrien County to issue refunding bonds," and if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof, when the results shall be consolidated as now required by law in election for members of the General Assembly, the said amendments shall become part of Article 7, Section 7, Paragraph 1, of the Constitution of the State and the Governor shall make a proclamation thereof, as provided by law.
Sec. 3. All laws and parts of laws in conflict with this Act are hereby repealed.
The following amendment to House Bill No. 463 was read and adopted:
Mr. Swindle of Berrien moves to amend the caption of House Bill No. 463 by striking the figure "one" following the word "October" wherever same appears in said caption and insert in lieu thereof the figure" fifteen."
Further moves to amend House Bill No. 463 by striking the figure "one" wherever it appears immediately after the word "October" and insert in lieu thereof the figure" fifteen."
Further moves to amend House Bill No. 463 by inserting between the words "of" and "for" in line 6 of Section 1 the figures "$11,000.00." Further moves to amend House Bill No. 463 by st11iking the word "Consolidated" wherever it appears between the words" Beaverdam" and" School."
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
The bill involving an amendment to the Constitution of the State of Georgia, the roll call was ordered and the vote was as follows:

WEDNESDAY, JANUARY 26, 1938.

1303

Those voting in the affirmative were Messrs.:

Adams

Fitts

Allison

Freeman

Almand

Gammage

Ansley

Gary

Barlow

Gavin

Barnard

Goff

Batchelor

Groover

Beck

Grubbs

Blease

GUYton

Bond

Hamby

Booth

Hand

Bradley

Harden

Brewton

Harrell of Brooks

Bridges

Harrell of Irwin

Brooks of Jackson

Harris

Brown of Greene

Harrison

Brown of Peach

Hart

Candler

Harvey

Carmichael of Cobb

Hastings

Carmichael of Randolph Hayes

Clary

Hendrix

Claxton

Herndon

Clements

Herrin

Cohen

Hill of Clarke

Corbett

Hill of Screven

Coxon

Hogg

Croker

Hollis

Daughtry

Houze

Daves

Joel

Davis

Johnson

Deal

Jones of Bartow

Dean

Jones of Brantley

DeFoor

Jones of Dodge

Douglass

Jones of Elbert

Drake

Kendrick

Drinkard

Kirbo

Dukes

Lanier

Dunn

Leonard

Durden

Lewallen

Edwards

Mankin

Elliott

Manry

Erwin

Marshall

Etheridge

Martin

Evans

Mavity

Ferguson

McGehee

Field

McNall

Milam Miller Moore of Baldwin Moore of Haralson Moore of Lumpkin Moore of Taliaferro Morgan Mundy Newby Newton Oden Palmour Parker Perry Peters Pilcher Pirkle Preston of Walker Ragan Rees Reid of Carroll Reid of Wilcox Rountree Rowland Sabados Salter Sanders Sapp Sartain Saunders Scruggs Simmons Spence Striplin Sutton Swindle Tapp
Tate Todd Thomas Trapnell Trippe Vickery Walton Ware Warnock

1304

JouRNAL OF THE HousE,

Watkins Weaver Welsch Whaley

Whipple Whitaker Williams of Bacon Williams of Jones

Wilson Yeomans Zellner

Those not voting were Messrs.:

Bargeron Barrett Bennett Brooks of Oglethorpe Campbell Chappell Clark Cochran Cogdell Coleman Culpepper of Fayette Culpepper of Mitchell Dampier Dollar Dugas Ellington Ennis Flanders Fowler

Grayson Gross Hampton Hodges Holt Horne Houston Jackson Jones of Jenkins Keel Key Lanham Larsen Lewis McCracken McCravey McGraw Middleton

Morris Moss Musgrove Patten Peebles Phillips Pound Preston of Bulloch Rawlins Sams Smith of Dodge Smith of HenrY Smith of Muscogee Taunton Turner Wall Wages Warnell Mr. Speaker

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

On the passage of the bill, as amended, the ayes were 149, the nays 0.

The bill having received the requisite two-thirds constitutional majority was passed, as amended.
The following bill of the House was taken up for the purpose of considering the Senate substitute, as amended thereto.

By Mr. Corbett of Atkinson-

House Bill No. 161. A bill to be entitled an Act to levy a tax on rolling stores, and for other purposes.

The following Senate substitute to House Bill No. 161 was read:

By the Senate:

WEDNESDAY, jANUARY 26, 1938.

1305

A BILL
To be entitled an Act to provide for the levy of a maintenance tax for State purposes on motor vehicles operated as a rolling store; to define the terms "rolling store" and "motor vehicle" as used in this Act; to prescribe the amount of tax to be levied on each and every rolling store operated in this State; to provide that the tax levied by this Act shall be in addition to all other taxes levied under existing laws; to require the State Revenue Commission to collect the tax levied by this Act and upon payment thereof to issue permits to the persons making payment of such tax; to provide for the enforcement of this Act by the issuance of executions and for defenses thereto; to provide that the operation of a rolling store in any county of the State without paying the tax shall be a misdemeanor and prescribe punishment therefor; to allocate and to appropriate the money arising from this tax to the Highway Department to be used for the purpose of constructing and maintaining the rural post roads under their jurisdiction; to provide for certain exemptions; to repeal all conflicting laws; and for other purposes.
Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same:
Section 1. That in order to construct and maintain the rural post roads of this State and to require those using said roads for the conduct of business to pay a portion of the cost of maintaining the same, there is hereby levied upon each motor vehicle used as a rolling store as hereinafter defined from or at which goods, wares, merchandise or commodities of any kind or description are sold or offered for sale at retail, an annual tax in the amount of ten ($10.00) dollars for each ton or major fraction thereof of the actual gross weight of said motor vehicle used as a rolling store, said weight to be determined by combining the weight of the vehicle and the maximum actual load thereon, provided, however, that no county can levy any additional tax on such rolling store.
Sec. 2. Definitions. The term "rolling store" as used in this Act shall be held to mean and include a motor vehicle of any kind or description travelling from place to place over the

1306

JouRNAL OF THE HousE,

public roads and highways of the State of Georgia transporting goods, wares, merchandise, or other commodities and from or at which such goods, wares, merchandise, or other commodities so transported are sold or offered for sale at retail or exchange for goods, wares or products of any kind or character whatsoever.
The term "motor vehicle" as used in this Act shall mean and include any vehicle, machine, tractor, trailer, or semi-trailer, propelled or drawn by mechanical power.
The term "retail" as used in this Act is hereby defined as sales made to the ultimate consumer in small quantities.
Sec. 3. The tax prescribed by this Act shall be levied in addition to ad valorem tax, tag fees or any other tax or license fee prescribed, levied or exacted under existing laws.
Sec. 4. There is expressly excluded from the provisions of this Act vehicles used exclusively for the sale or delivery of ice, coal, dairy products, including cheese and ice cream, soft drinks, malt beverages, petroleum and its products, tobacco and its products, farm products (farm products being sold by the producer himself), bread or other bakery products, nuts, potato chips, sandwiches, and meats derived from animal products.
Sec. 5. It shall be the duty of the State Revenue Commission to collect the tax prescribed and levied by this Act, and every person proposing to engage in the business of operating a rolling store or rolling stores as defined by this Act and not exempted hereunder shall, before engaging in such business, file application with the State Revenue Commission of Georgia for a permit so to do, and shall pay the tax prescribed by this Act. Said Commission shall be authorized to issue executions against all persons in default in the payment of such tax as prescribed in Section 92-7301, Georgia Code of 1933, which shall be enforced as prescribed by said Section and shall be subject to the defenses as therein provided.
Sec. 6. Any person who shall in the State of Georgia operate or conduct a rolling store or rolling stores in any county thereof without paying the tax levied by the terms of this Act shall be guilty of a misdemeanor and upon conviction in any court of the State

WEDNESDAY, JANUARY 26, 1938.

1307

of Georgia having jurisdiction shall be punished as prescribed in Section 27-2506, Georgia Code of 1933.
Sec. 7. The revenue derived from this Act less one (1%) per cent. thereof which is appropriated and set aside for the enforcement of this Act, is hereby allocated and appropriated to the State Highway Department, or whatever Board or Bureau may be created as its successor, to be used for the purpose of constructing, repairing and maintaining the rural post roads of Georgia under the supervision of the Highway Department of this State. This allocation and appropriation of funds is made in addition to any fixed sum appropriation or allocation made in any Appropriation Act now effective or which may become effective in the future and shall in no event be construed as included in any fixed sum appropriated to the State Highway Department or its successor.
Sec. 8. Be it enacted further that the State Revenue Commission be and it is hereby authorized and required to prescribe rules and regulations for the proper enforcement of this Act and to that end is hereby empowered to require each operator of a rolling store to make written application to be executed before an officer of the State authorized to administer oaths and set forth in said application a description of the motor vehicle intended to be used as a rolling store, giving the weight of said vehicle together with the maximum actual weight of such vehicle and load combined. Said Revenue Commission is hereby empowered to require that such application give the name and residence of the owner and operator of such motor vehicle and any other information necessary to a proper enforcement of this Act. It shall be the duty of each operator of a rolling store to pay the tax hereby levied at the time of making application for permit and such permit shall be at all times posted in a conspicuous place on said motor vehicle accessible to the officers of the State whose duty it shall be to enforce this Act.
Sec. 9. All laws and parts of laws in conflict with this Act be and they are hereby repealed.
The following Senate amendments to the Senate substitute to House Bill No. 161 were read:

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JouRNAL oF THE HousE,

Senator Sammon of the 51st District moves to amend committee substitute for House Bill No. 161, Section 1, in lines 8, 9, 10, and 11 by striking the words and figures "ten ($10.00) dollars for each ton or major fraction thereof the actual gross weight of said motor vehicle used as a rolling store. Said weight to be determined by combining the weight of the vehicle and the maximum actual load thereon" and substituting in lieu thereof the following: "fifty ($50.00) upon each and every rolling store as defined in this Act."
Senators Pope and Terrell move to amend substitute to House Bill No. 161 by striking the words in Section 1, "Provided however that no county can levy any additional license on such rolling store," and inserting in lieu thereof the following "no county may levy a license tax thereon in excess of the amount of the State License thereon."
Senator Allen moves to amend substitute to House Bill No. 161 by adding at the end of Section 1 the following words: "It is further provided that a trailer shall bear the same license as the unit drawing same."
Senator Whitehead of the 30th District moves to amend substitute to House Bill No. 161 by striking the first 3 lines of Section 1 and through the word "same" in line 4 and inserting in lieu thereof the following: "That for the support and maintenance of the State Hospital at Milledgeville," and amend the caption accordingly.
Senator Atwood of the 2nd District moves to amend committee substitute to House Bill No. 161, by adding to the end of Section 3, after the word "laws" the following words "not in conflict with this Act."
Senator Peterson of the 15th District moves to amend Section 4 of committee substitute for House Bill No. 161 by inserting after the words "malt beverages" and before the words "petroleum and its products" in line 4 the word "furniture."
Senators Ennis of the 20th District and Whitehead ot the 30th District move to amend Section 7 of Senate substitute for House Bill No. 161 as follows: By inserting in lieu of the words "Highway Department, or whatever Board or Burea,u may he

WEDNESDAY, jANUARY 26, 1938.

1309

created as its successor to be used for the purpose of constructing, repairing and maintaining the rural post roads of Georgia under the supervision of the Highway Department of this State"so as to read as follows: "State Welfare Board for use in rebuilding, remodeling and building at the Milledgeville State Hospital, except that 1% shall be allocated for the enforcement of same."
Senators Ennis and Whitehead move to amend caption of substitute for House Bill No. 161 as follows: By inserting where the words "Highway Department to be used for the purpose of constructing and maintaining the rural post roads under their jurisdiction," in the caption of the bill, to read as follows"The State Welfare Board for Buildings and Repairs at the Milledgeville State Hospital."
Mr. Lanier of Richmond moved that the House disagree to the Senate substitute, as amended, to House Bill No. 161.
On the motion to disagree, the ayes were 110, the nays 2.
The Senate substitute, as amended, was disagreed to.
Mr. Corbett of Atkinson moved that a Committee of Conference be appointed on the part of the House to confer with a like committee to be appointed on the part of the Senate, on House Bill No. 161, and the motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House, the following members, to-wit:
Messrs. Corbett of Atkinson,
Swindle of Berrien, and
Gross of Stephens.
The following bill of the House was taken up for the purpose of considering the Senate amendment thereto:
By Mr. Harrison of Crawford-
House Bill No. 202. A bill to be entitled an Act to amend an Act to enable the State Highway Department to carry out the provisions of an amendment to the Constitution, and for other purposes.

1310

JouRNAL OF THE HousE,

The following Senate amendment to House Bill No. 202 was read:
By the Senate-
The Senate moves to amend House Bill No. 202 by striking therefrom Section 1, and inserting in lieu thereof the following:
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the Act approved March 1, 1933 (Georgia Laws 1933, pages 161-172), to enable the State Highway Department of Georgia to effectually carry out and put into effect the provisions of the amendment to the Constitution of the State of Georgia, proposed by the General Assembly of Georgia by an Act approved August 25, 1931 (Georgia Laws 1931, pp. 97-101) and ratified in the manner prescribed in said Act at the general election held in the State of Georgia on November 8, 1932; be and the same is hereby amended by adding to Section 12 of said Act immediately after the words, "and the payment of which was assumed under the provisions of the amendment to the Constitution approved August 25, 1931," the following:
"Provided, however, that where private persons contributed to any fund or funds used in the construction and/or paving of the public roads or highways (including bridges) of the State which were a part of the State Aid Roads of the Highway System of Georgia, and said work was done under the supervision of the Highway Department, and for which Highway Certificates are issued to the counties under this Act, governing authorities of said county wherein said work was done are hereby authorized and empowered to ascertain the amounts of the several contributions made by the aforesaid persons, and the amount thereof included in the refunding Highway Certificates, and to pay to the aforesaid persons, their heirs or assigns, ten per centum of the amount of said contributions, as included in such Highway Certificates, upon maturity and payment to said counties of each of the aforesaid certificates of indebtedness," so that said Section 12 as amended shall read as follows:
"Section 12. Be it further enacted by the authority aforesaid, that all funds received or realized (or so much thereof as may be

WEDNESDAY, JANUARY 26, 1938.

1311

necessary) from the certificates of indebtedness issued or to be issued by the State Highway Department to the several counties of this State, as well as to the Coastal Highway District and the counties of said districts, under the provisions of the amendment to the Constitution, providing for the issuance of such certificates, approved August 25, 1931, shall be first applied by the fiscal or governing authorities of said political subdivision receiving said certificates to the payment of that part of the outstanding and unpaid bonded indebtedness of such political subdivision incurred and used for the construction and/or paving of the public roads or highways (including bridges) of the State, as contemplated and defined by Article 6, Section 1, of the Act approved August 18, 1919, as said section appears on page 252 of the Georgia Laws of 1919, which were a part of the State Aid Roads of the Highway System of Georgia, and said work was done under the supervision of the Highway Department, and the payment of which was assumed under the provisions of the amendment to the Constitution approved August 25, 1931. Provided, however, that where private persons contributed to any fund or funds used in the construction and/or paving of the public roads or highways (including bridges) of the State which were a part of the State Aid Roads of the Highway System of Georgia, and said work was done under the supervision of the Highway Department, and for which Highway Certificates are issued to the Counties under this Act, the governing authorities of said county wherein said work was done are hereby authorized and empowered to ascertain the amounts of the several contributions made by the aforesaid persons, and the amount thereof included in the Highway Refunding Certificates, and to pay to the aforesaid persons, their heirs or assigns, ten per centum of the amount of said contributions, as included in such Highway Certificates, upon the maturity and payment to said counties of each of the aforesaid certificates of indebtedness. Provided, however, that in any case where the governing authorities of said counties or district cannot acquire for payment any of such outstanding bonds as hereinbefore described, said governing authorities shall invest the proceeds of said certificates so issued to said counties in securities now prescribed by law to be placed in the sinking-fund of said several political subdivisions, and there kept and held as now provided by law for the discharge and eventful payment of

1312

JouRNAL oF THE HousE,

said outstanding bonded indebtedness or said outstanding bonds, and shall in all respects be treated by said governing authorities of said counties and districts hereinbefore referred to as now provided by law for the preservation, care and use of said sinkingfunds."

On the question of agreeing to the Senate amendment, the ayes were 103, the nays 0.

The Senate amendment to House Bill No. 202 was agreed to.
Under the order of business established by the Committee on Rules, the following resolution of the House was taken up for consideration and read the third time:

By Messrs. Groover, Ware, and Morgan of Troup-

House Resolution No. 129-474a. A resolution to relieve and refund tax paid by D. Yalovitz, doing business under the trade name of LaGrange Jewelry and Arms Company and Hudson Hardware Company, and for other purposes.

The House was resolved into the Committee of the Whole House to consider House Resolution No. 129-474a, and the Speaker designated Mr. Hayes of Miller, as the chairman thereof.

The Committee of the Whole House arose and through its chairman reported the resolution back to the House with the recommendation that the same be adopted.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Allison Ansley Barlow Barnard Barrett Batchelor Beck Blease

Bond

Chappell

Booth

Clark

Bradley

Claxton

Bridges

Cohen

Brooks of Jackson

Corbett

Brown of Peach

Coxon

Candler

Croker

Carmichael of Cobb

Daves

Carmichael of Randolph Deal

WEDNESDAY, JANUARY 26, 1938.

1313

Dean DeFoor Douglass Drake Drinkard Dugas Dukes Dunn Edwards Elliott Ennis Erwin Etheridge Ferguson Field Fitts Freeman Gammage Gary
Goff Grayson Gross Groover Grubbs GUYton Hamby Hand Harden Harrell of Brooks Harrell of Irwin Hart Harvey Hastings Hayes Hendrix

Herndon Hill of Clarke Houze Jackson Joel Johnson Jones of Bartow Jones of Elbert Kendrick Lanham Lanier Leonard Lewallen Mankin Manry
Marshall Martin Mavity McCracken McNall Milam Miller Moore of Baldwin Moore of Haralson Moore of Lumpkin Moore of Taliaferro Mundy Newby Newton Peters Pilcher Preston of Walton Ragan Reid of Carroll Reid of Wilcox

Voting in the negative was Mr.:

Jones of Brantley
Those not voting were Messrs.:

Almand Bargeron Bennett Brewton Brooks of Oglethorpe Brown of Greene Campbell

Clary Clements Cochran Cogdell Coleman Culpepper of Fayette Culpepper of Mitchell

Rountree Rowland Sabados Salter Sams Sanders Sapp Sartain Saunders Scruggs Simmons Smith of Henry Sutton Swindle Tate Taunton Todd Thomas Trapnell Vickery Wall Walton Ware Warnell Watkins Welsch Whaley Whipple Whitaker Williams of Bacon Williams of Jones Wilson Yeomans Zellner
Dampier Daughtry Davis Dollar Durden Ellington Evans

1314

JoURNAL OF THE HousE,

Flanders Fowler Gavin Hampton Harris Harrison Herrin Hill of Screven Hodges Hogg Hollis Holt Home Houston Jones of Dodge Jones of Jenkins Keel Key

Kirbo Larsen Lewis McCravey McGehee McGraw Middleton Morgan Morris Moss Musgrove Oden Palmour Parker Patten Peebles Perry

Phillips Pirkle Pound Preston of Bulloch Rawlins Rees Smith of Dodge Smith of Muscogee Spence Striplin Tapp Trippe Turner Wages Warnock Weaver Mr. Speaker

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

On the adoption of the resolution, the ayes were 131, the nays 1.

The resolution having received the requisite constitutional majority was adopted.

By unanimous consent, the resolution was ordered Immediately transmitted to the Senate.

The following resolution of the House was read:

By Mr. Dunn of Pike-

House Resolution No. 148. A resolution providing for a sine die adjournment on Febrmrry 5, 1938.

Mr. Taunton of Taylor moved to table the resolution, and the motion prevailed.

The following resolution of the House was read and referred to Committee on Special Appropriations:

By Mr. Jones of Brantley-

Hause Resolution No. 149. A resolution providing for the expense of bringing members' families to Atlanta for the summer, and for other purposes.

WEDNESDAY, JANUARY 26, 1938.

1315

Under the order of business established by the Committee on Rules, the following bills of the House were taken up for consideration and read the third time:
By Messrs. Ennis of Baldwin and Lanier of Richmond-
House Bill No. 278. A bill to be entitled an Act to amend the General Appropriations Act for the two years ending June 30, 1939, by adding a new section exempting the revenue derived from the Chain Store Tax Act of 1937, and for other purposes.
The House was resolved into the Committee of the Whole House to consider House Bill No. 278, and the Speaker designated Mr. Simmons of Decatur, as the chairman thereof.
The Committee of the Whole House arose and through its chairman reported the bill back to the House with the recommendation that the same do pass.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams

Cohen

Allison

Corbett

Almand

Coxon

Ansley

Croker

Barlow

Daughtry

Barnard

Daves

Barrett

Davis

Batchelor

Deal

Blease

Dean

Bond

Douglass

Booth

Drinkard

Brooks of Jackson

Dugas

Brown of Greene

Dukes

Brown of Peach

Durden

Candler

Edwards

Carmichael of Randolph Ennis

Clark

Erwin

Clary

Etheridge

Claxton

Ferguson

Cochran

Field

Fitts Freeman Gammage
Gary
Goff Groover Grubbs Guyton Hamby Hand Harden Harrell of Brooks Harrell of Irwin Harris Harrison Harvey Hastings Hayes Hendrix Herndon

1316

JoURNAL OF THE HousE,

Hill of Olarke Houston Houze Jackson Joel Johnson Jones of Bartow Jones of Elbert Kendrick Key
Kirbo Leonard Lewallen Lewis Mankin Manry
Mavity McCracken McNall Milam Miller Moore of Baldwin Moore of Haralson Moore of Lumpkin Moore of Taliaferro

Morgan Morris Mun<Ur Musgrove Newby Newton Oden Parker Perry Pilcher Preston of Walton Ragan Rawlins Rees Reid of Carroll Rountree Rowland Sams Sanders Sartain Saunders Scruggs Simmons Smith of Henry

Spence Sutton Swindle Tapp
Tate Todd Thomas Trapnell Trippe Vickery Wall Walton Ware Warnell Watkins Weaver Whaley Whipple Whitaker Williams of Bacon Williams of Jones Wilson Yeomans Zellner

Those voting in the negative were Messrs.:

Drake

Herrin

Those not voting were Messrs.:

Jones of Brantley

Bargeron Beck Bennett Bradley Brewton Bridges Brooks of Oglethorpe Campbell Carmichael of Cobb Chappell Clements Cogdell Coleman Culpepper of Fayette Culpepper of Mitchell Dampier DeFoor

Dollar Dunn Ellington Elliott Evans Flanders Fowler Gavin Grayson Gross Hampton
Hart Hill of Screven Hodges Hogg Hollis Holt

Home Jones of Dodge Jones of Jenkins Keel Lanham Lanier Larsen Marshall Martin McCravey McGehee McGraw Middleton Moss Palmour Patten Peebles

WEDNESDAY, jANUARY 26, 1938.

1317

Peters Phillips Pirkle Pound Preston of Bulloch Reid of Wilcox

Sabados Salter Sapp Smith of Dodge Smith of Muscogee Striplin

Taunton Turner Wages Warnock Welsch Mr. Speaker

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

On the passage of the bill, the ayes were 133, the nays 3.

The bill having received the requisite constitutional majority was passed.

By Messrs. Lanier of Richmond, Harvey of Upson, and Davis of Floyd-

House Bill No. 221. A bill to be entitled an Act to amend an Act requiring a license for the opening, operating, and maintenance of a store or chain of stores, and for other purposes.

The House was resolved into the Committee of the Whole House to consider House Bill No. 221, and the Speaker designated Mr. Mundy of Polk, as the chairman thereof.

The Committee of the Whole House arose and through its chairman reported the bill back to the House with the recommendation that the same do pass, by substitute, as amended.

The following committee substitute to House Bill No. 221 was read:

A BILL

To be entitled an Act to amend an Act entitled, "An Act requiring a license for the opening, operating, and maintenance of a store or a chain of stores, and fixing an occupation tax thereon; to define 'store' and 'chain of stores' as used in this Act; to provide for certain duties of the State Revenue Commission in connection therewith; to provide for the collection of the tax and its allocation and the manner in which, and conditions on which its legality may be inquired into; to provide penalties for a violation thereof; providing that if any part of this Act be declared invalid, the invalidity shall not affect other portions of it; and for other purposes," by striking Section One

1318

JouRNAL OF THE HousE,

(1) of said Act in its entirety and adding a new section to be numbered One (1) in said Act, and to provide that the license tax for said business described in this Act, levied upon a store or stores operated in the State of Georgia, shall be based on the number of stores or mercantile establishments included under the same general management, supervision, ownership or control, whether operated in this State or not, and shall be fixed and graded as set out in the new section to be numbered Section One (1), and for other purposes.
Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: That Section One (1) of the Act of the General Assembly approved March 27, 1937, known as the Chain Store Tax Act, and as set out in Acts of the General Assembly of 1937, pages 75-83, be, and the same is hereby stricken and a new Section to be numbered One (1) be substituted for such stricken Section number One (1), the new Section One (1) to read as follows:
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that for the privilege of opening, establishing, operating, maintaining, or continuing in the business of operating within this State a store or a chain of stores as defined in this Act, each person, firm, corporation, association, or partnership, trust or joint stock company, or any firm or association of persons however organized or whatever be the plan of operation, shall be required to obtain from the State Revenue Commission a license, nontransferrable, to conduct such business, and shall pay an annual tax therefor in addition to the other specific, business and occupational taxes now and hereafter provided by law; and the license tax for said business as described in this Act, levied upon the store or stores operated in the State of Georgia, shall be based on the number of stores or mercantile establishments included under the same general management, supervision, ownership or control, whether operated in this State or not, and shall be fixed and graded as follows, to-wit:
(1) Upon any store, or stores, or mercantile establishments, operated in the State of Georgia, belonging to, or being a part of, a chain or group of stores having a total of not more than four (4)

WEDNESDAY, jANUARY 26, 1938.

1319

stores or mercantile establishments, the annual license tax or fee shall be $1.00 for the first store and $15.00 for each additional store of such group, or chain, so operated in the State of Georgia.
(2) Upon any store, or stores, or mercantile establishments, operated in the State of Georgia, belonging to, or being a part of, a chain or group of stores having a total of more than four (4) stores but not more than eight (8) stores, the annual license tax or fee shall be $1.00 for the first store and $25.00 for each additional store of such chain, or group, so operated in the State of Georgia.
(3). Upon any store, or stores, or mercantile establishments, operated in the State of Georgia, belonging to, or being a part of, a chain or group of stores having a total of more than eight (8) stores but not more than twelve (12) stores, the annual license tax or fee shall be $1.00 for the first store and $35.00 for each additional store of such chain, or group, so operated in the State of Georgia.
(4) Upon any store, or stores, or mercantile establishments, operated in the State of Georgia, belonging to, or being a part of, a chain or group of stores having a total of more than twelve (12) stores but not more than sixteen (16) stores, the annual license tax or fee shall be $1.00 for the first store and $45.00 for each additional store of such chain, or group, so operated in the State of Georgia.
(5) Upon any store, or stores, or mercantile establishments, operated in the State of Georgia, belonging to, or being a part of, a chain or group of stores having a total of more than sixteen (16) stores but not more than twenty (20) stores, the annual license tax or fee shall be $1.00 for the first store and $55.00 for each additional store of such chain, or group, so operated in the State of Georgia.
(6) Upon any store, or stores, or mercantile establishments, operated in the State of Georgia, belonging to, or being a part of, a chain or group of stores having a total of more than twenty (20) stores but not more than twenty-four (24) stores, the annual license tax or fee shall be $1.00 for the first store and $65.00 for each additional store of such chain, or group, so operated in the State of Georgia.

1320

JouRNAL oF THE HousE,

(7)- Upon any store, or stores, or mercantile establishments, operated in the State of Georgia, belonging to, or being a part of, a chain or group of stores having a total of more than twentyfour (24) stores but not more than thirty-six (36) stores, the annual license tax or fee shall be $1.00 for the first store and $75.00 for each additional store of such chain, or group, so operated in the State of Georgia.
(8) Upon any store, or stores, or mercantile establishments, operated in the State of Georgia, belonging to, or being a part of, a chain or group of stores having a total of more than thirty-six (36) stores, but not more than forty-nine (49) stores, the annual license tax or fee shall he $1.00 for the first store and $100.00 for ea~h additional store of such chain, or group, so operated in the State of Georgia.J
(9) Upon any store, or stores, or mercantile establishments, operated in the State of Georgia, belonging to, or being a part of, a chain or group of stores having a total of more than forty-nine (49) stores but not more than sixty-two (62) stores, the annual license tax or fee shall be $1.00 for the first store and $225.00 for each additional store of such chain, or group, so operated in the State of Georgia.
(10) Upon any store, or stores, or mercantile establishments, operated in the State of Georgia, belonging to or being a part of, a chain or group of stores having a total of more than sixty-two (62) stores, the annual license tax or fee shall he $1.00 for the first store and $350.00 for each additional store of such chain, or group, so operated in the State of Georgia.
Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act he, and the same are hereby repealed.
The following amendment to the committee substitute to House Bill No. 221 was read and adopted:
Mr. Pilcher of Warren moves to amend the substitute by Mr. Lanier of Richmond and others, to House Bill No. 221, by striking Paragraph 1, page 2, and by adding a new paragraph as follows:

WEDNESDAY, jANUARY 26, 1938.

1321

(1) Upon any store, or stores, or mercantile establishments, operated in the State of Georgia, belonging to, or being a part of, a chain or group of stores having a total of not more than two (2) stores or mercantile establishments, the annual license tax or fee shall be $1.00 for the first store and $5.00 for the second store of such group, or chain, so operated in the State of Georgia.

(1) (a) Upon any store, or stores, or mercantile establishments, operated in the State of Georgia, belonging to, or being a part of, a chain or group of stores having a total of more than two (2) stores hut not more than four (4) stores, the annual license tax or fee shall be $1.00 for the first store and $15.00 for each additional store of such group, or chain, so operated in the State of Georgia.

The committee substitute, as amended, was adopted.

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

On the passage of the bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Allison Almand Ansley Barlow Barnard Barrett Batchelor Blease Brewton Bridges Brooks of Jackson Brooks of Oglethorpe Brown of Greene Brown of Peach Chappell Clary
maxton Clements Cochran Coleman

Corbett Coxon Croker Daves Davis Deal Dean DeFoor Douglass Dugas Dukes Durden Edwards Ennis Erwin Etheridge Ferguson Field Fitts Fowler Gammage

Goff Grayson Gross Groover GUYton Hamby Hand Harrell of Brooks Harrell of Irwin Harris Harrison
Hart Harvey Hendrix Herndon Herrin Hill of Screven Hogg Hollis Holt Houston

1322
Houze Jackson Johnson Jones of Brantley Jones of Dodge Jones of Elbert Jones of Jenkins Key Kirbo Lanham Lanier Leonard Lewallen Manry Marshall MartUl Mavity McCracken McNall Milam Miller Moore of Baldwin Moore of Haralson Moore of Lumpkin Moore of Taliaferro

JouRNAL OF THE HousE,
.

Morgan

Spence

Morris

Striplin

Mundy

Sutton

Musgrove

Swindle

Newby

Tapp

Newton

Tate

Oden

Todd

Parker

Trapnell

Peters

Trippe

Pilcher

Vickery

Preston of Walton

Wall

Ragan

Walton

Rawlins

Ware

Rees

Warnell

Reid of Carroll

Warnock

Rountree

Weaver

Rowland

Welsch

Sabados

Whaley

Sanders

Whipple

Sapp

Whitaker

Sartain

Williams of Bacon

Saunders

Williams of Jones

Scruggs

Wilson

Simmons

Yeomans

Smith of Dodge

Zellner

Those voting in the negative were Messrs.:

Carmichael of Cobb Clark Cohen Culpepper of Fayette Dollar Drinkard

Dunn Elliott Evans
Gary
Gavin Jones of Bartow

Lewis Mankin Phillips Sams Smith of Henry Taunton

Those not votjng were Messrs.:

Bargeron

Daughtry

Beck

Drake

Bennett

Ellington

Bond

Flanders

Booth

Freeman

Bradley

Grubbs

Campbell

Hampton

Candler

Harden

Carmichael of Randolph Hastings

Cogdell

Hayes

Culpepper of Mitchell Hill of Clarke

Dampier

Hodges

Horne Joel Keel Kendrick Larsen McCravey McGehee McGraw Middleton Moss Palmour Patten

WEDNESDAY, jANUARY 26, 1938.

1323

Peebles Perno Pirkle Pound Preston of Bulloch

Reid of Wilcox Salter Smith of Muscogee Thomas

Turner
Wages Watkins Mr. Speaker

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 139, the nays 18.

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.
Mr. Sutton of Wilkes moved that the House recess for one hour, and the motion prevailed.

2:00 o'clock P.M.

The Speaker called the House to order.
The following bills of the House were taken up for the purpose of considering the Senate amendments thereto:

By Mr. Hodges of Liberty-

House Bill No. 387. A bill to be entitled an Act to abolish the office of Tax Collector of Liberty County; to create in lieu thereof the office of Tax Commissioner; and for .other purposes.

The following Senate amendment to House Bill No. 387 was read:

By the Senate-
The Senate moves to amend House Bill No. 387, a local bill applicable to Liberty County, by adding a new section to be numbered Section 14 (a).
Sec. 14 (a) "The provision of this Act shall go into effect only after recommendation of the Grand-jury of Liberty County," and by amending the caption of the bill in conformity to this amendment.

1324

JouRNAL OF THE HousE,

Mr. Hodges of Liberty moved that the House agree to the Senate amendment to House Bill No. 387.
On the motion to agree, the ayes were 103, the nays 0.
The Senate amendment was agreed to.
By Mr. Jones of Elbert-
House Bill No. 54. A bill to be entitled an Act to regulate the business of Industrial Life Insurance Companies in the State of Georgia, and for other purposes.
The following Senate amendment to House Bill No. 54 was read:
By the SenateSenators Lindsay of the 34th District and Sammon of the
51st District amend House Bill No. 54 by inserting after the word "the" and before the word "business" in line one of the caption the word "industrial."
To further amend after the word "all" and before the word "policies" by adding the word "such" in line 4 of caption.
To further amend Section one, line 2 and line 3 by adding the word "Industrial" before the word "Insurance" wherever it appears in line 2 and 3 of said section.
Mr. Jones of Elbert moved that the House agree to the Senate amendment to House Bill No. 54.
On the motion to agree, the ayes were 113, the nays 1.
The Senate amendment was agreed to.
By Mr. Middleton of DadeHouse Bill No. 317. A bill to be entitled an Act to amend
the Highway Mileage Act by adding a certain road to the System of State Aid Roads, and for other purposes.
The following Senate amendment to House Bill No. 317 was read: By the Senate-
The Senate moves to amend House Bill No. 317 by striking the

WEDNESDAY, }ANUARY 26, 1938.

1325.

figures "444" in line 7 of the caption of said bill and inserting in lieu thereof the figures "300."
On the question of agreeing to the Senate amendment to House Bill No. 317, the ayes were 103, the nays 2.
The Senate amendment was agreed to.
The following bill of the House was again taken up for consideration:
By Messrs. Groover, Morgan, and Ware of Troup, Hodges of Liberty and Sanders of Coweta-
House Bill No. 194. A bill to be entitled an Act to provide for the sale and distribution of license plates for motor vehicles in each county, and for other purposes.
The following subcommittee substitute to House Bill No. 194 was submitted and read:
An Act to provide for the sale and distribution of license plates for motor vehicles in each county of the State and the registration of each motor vehicle; to provide for the requisitioning for such plates and furnishing of same to County Tax Collectors or Commissioners, keeping of record of same, numbering and identification of same; to provide for manner of receiving applications and transmitting information to Director of Public Safety, keeping of record of registration; to provide for sale of registration lists; to provide for remittance of collections, and payment of compensation to County Tax Collectors or Commissioners; to provide for the return of motor vehicles for ad valorem taxes and payment of same, and for other purposes.
Section 1. That on or before March 1 of each year, commencing March 1, 1938, each owner of an automobile, truck, bus, motorcycle, trailer, semi-trailer, or other motor vehicle, except tractors used only for agricultural purposes, shall pay to the Tax Collector or Tax Commissioner of the county of his residence for the registration and payment of license fee fixed by law upon such motor vehicles. Such application to be made under oath and upon the forms prescribed by the Revenue Commissioner, and the Tax Collector or Commissioner shall have authority

1326

JOURNAL oF THE HousE,

to administer such oath; upon compliance with the provisions of this Act the said Tax Collector or Tax Commissioner shall furnish to said applicant license plates for such motor vehicle as now provided by law. And in case of loss or destruction of said plate, the owner thereof may apply to the Tax Collector or Commissioner of the county issuing same, on forms provided by the Revenue Commissioner, for a duplicate plate for which he shall pay the sum of $1.00, the Tax Collector or Commissioner shall upon receipt of the application and payment of the fee, issue to the applicant, a certificate of the filing of the application and payment of the fee, which certificate shall authorize the applicant to operate his motor vehicle for 15 days from the date of certificate. Said Tax Collector or Commissioner shall, at once, requisition the State Purchasing Agent for duplicate plate and upon receipt thereof, shall deliver same to applicant."
Sec. 2. Each Tax Collector or Tax Commissioner shall requisition the State Purchasing Agent for the number of motor vehicle license plates as in his judgment will be required for sale and distribution in his county. The State Purchasing Agent shall forward to such Tax Collector or Tax Commissioner the number and kind of license plates requisitioned, keeping a record of same, and demanding a receipt of such Collector or Commissioner for said license plates. The cost of such plates and the expense of handling same by purchasing agent shall be paid by Revenue Commissioner from sale of plates.
Sec. 3. The State Purchasing Agent in buying and purchasing such license plates shall have the same marked and designated in such way as to reveal which class of motor vehicle said plate applies to, as now provided by law.
Sec. 4. Each Tax Collector or Tax Commissioner shall make three copies of the application for registration on the day received and on the same day shall mail two duplicates or copies of each sale made by him for license plate to the Director of Public Safety, who shall maintain a record of the sale or transfer made of the motor vehicle license plates. The original application shall be sent to the Revenue Commissioner with the remittance of fees collected as herein provided. A copy of said application shall be kept on file in the office of the Tax Collector or

WEDNESDAY, jANUARY 26, 1938.

1327

Tax Commissioner and made available to the Tax Receiver for the purpose of return of the motor vehicle for ad valorem taxation. The failure of the Tax Collector or Commissioner to forward such information on the day received or to make remittance as herein provided shall forfeit to him any fees or compensation to which he is entitled for services in handling said license fees and license plates.
Sec. 5. Each year the Revenue Commission shall sell to the best advantage of the State a list of the motor vehicle registrations of the State.
Sec. 6. Each Tax Collector or Commissioner shall remit to the State Revenue Commission at the end of each week all revenue collected from the sale of motor vehicle license plates, after deducting therefrom a fee of 25 for each license plate he has sold and remitted. And the Tax Collector or Commissioner shall be liable on his bond now required by law to be given for taxes collected by such Tax Collector or Commissioner. Said compensation to be in addition to whatever fees, salary, or compensation such Collector or Commissioner is now receiving.
Sec. 7. To prevent motor vehicles within the meaning of the laws of Georgia from escaping taxation and to provide for the more efficient assessment and collection of ad valorem taxes due on same, it is hereby made the duty of the Tax Receiver, Tax Collector, and Tax Commissioner of the several counties of this State to place on the tax digest all motor vehicles of applicants who are required under law to return their property for taxation to the Tax Receiver, Tax Collector, or Tax Commissioner, provided that such motor vehicle is subject to ad valorem taxation in the name of the applicant under existing laws. Before any license plate shall be issued to any applicant the Tax Collector or Tax Commissioner shall require the payment of all past due state, county and school taxes due on motor vehicles by applicant.
Sec. 8. On and after March 1st of any year, commencing March 1, 1938, the automobile license plate fee shall be delinquent and the owner of a motor vehicle shall be subject to all the penalties now provided by law for the operation of motor vehicles on the public highway, without first complying with

1328

JouRNAL OF THE HousE,

the law in reference to registration and payment of fees. Provided, however, that the delinquent date for the year 1938 shall be April 1, 1938.
Sec. 9. Whenever the owner of a motor vehicle registered under this Act shall sell or transfer ownership of the same, said owner shall transfer and assign to the purchaser the registration card, as now provided by law.
Sec. 10. All laws or parts of laws in conflict with this Act are hereby repealed.
Mr. Barlow of Colquitt moved the previous question, and the call was sustained.
Mr. McNall of Chatham moved that the House do now adjourn until 9:30 o'clock tomorrow morning.
On the motion to adjourn until 9:30 o'clock, Mr. Sabados of Dougherty moved the ayes and nays, and the call was not sustained.
Mr. Carmichael of Cobb moved that the House do now adjourn.
On the motion to adjourn, Mr. Sabados of Dougherty moved the ayes and nays, and the call was not sustained.
The motion to adjourn was lost.
On the motion to adjourn until 9:30 o'clock tomorrow morning, the ayes were 78, the nays 62, and the motion prevailed.
Leaves of absence were granted to Messrs. Hampton of Fannin, Dampier of Laurens, Turner of DeKalb, and Lanham of Floyd.
The Speaker announced the House adjourned until 9:30 o'clock tomorrow morning, and House Bill No. 194 went over until that time under the order of unfinished business.

THURSDAY, jANUARY 27, 1938.

1329

REPRESENTATIVE HALL, ATLANTA, GA.,

THURSDAY, jANUARY 27, 1938.

The House met, pursuant to adjournment, this day at 9:30 o'clock A.M., was called to order by the Speaker and opened with prayer by the Chaplain.

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

Adams

Coxon

Allison

Croker

Almand

Culpepper of FQette

AnslQ'

Dampier

Bargeron

Daughtr:r

Barlow

Daves

Barnard

Davis

Barrett

Deal

Batchelor

Dean

Beck

DeFoor

Bennett

Dollar

Blease

Douglass

Bond

Drake

Booth

Drinkard

Bradle:r

Dugas

Brewton

Dukes

Bridges

Dunn

Brooks of Jackson

Durden

Brooks of Oglethorpe Edwards

Brown of Greene

Elliott

Brown of Peach

Ennis

Campbell

Erwin

Candler

Etheridge

Carmichael of Cobb

Evans

Carmichael of Randolph Ferguson

Chappell

Field

Clark

Fitts

Cl&7

Fowler

Claxton

Freeman

Clements

Gammage

Cochran

GIU7

Cogdell

Gavin

Cohen

Goff

Coleman

Grayson

Corbett

Gross

Groover Grubbs Gunon Hamb:r Hampton Rand Harden Harrell of Brooks Harrell of Irwin Harris Harrison
Hart HarvQ'
HastingS
Hayes
Hendrix Herndon Herrin Hill of Clarke Hill of Screven Hodges Hogg Hollis Holt Houston Houze Jackson Joel Johnson Jones of Bartow Jones of BrantlQ' Jones of Dodge Jones of Elbert Jones of Jenkins
Keel

i.33o

JouRNAL OF THE HousE,

Kendrick Key Kirbo Lanham Lanier Larsen. Leonard Lewallen Lewis
Mankin Manry Marshall Martin Mavity McCracken McCravey McGehee McGraw McNall Middleton Milam Miller Moore of Baldwin Moore of Haralson Moore of Lumpkin Moore of Taliaferro Morgan Morris Mundy Musgrove Newby

Newton Oden Palmout Parker Perry Peters . Phillips Pilcher Pirkle Pound Preston of Bulloch Preston of Walton Ragan Rawlins Rees Reid of Carroll Reid of Wilcox Rountree Rowland Sabados Salter Sams Sanders Sapp Sartain Saunders Scruggs Simmons Smith of Dodge Smith of Henry Smith of Muscogee

Spence Striplin Sutton Swindle Tapp
Tate Taunton Todd Thomas Trapnell Trippe Turner Vickery Wall Wages Walton Ware Warnell Warnock Watkins Weaver Welsch Whaley Whipple Whitaker Williams of Bacon Williams of Jones Wilson Yeomans Zellner Mr. Speaker

Mr. Corbett of Atkinson, Acting Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

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.

THURSDAY, jANUARY 27, 1938.

1331

2. Reports of standing committees.
3. Second reading of bills and resolutions, favorably reported.
4. Third reading and passage of local uncontested bills and resolutions.
5. First reading and reference of Senate bills and resolutions.
By unanimous consent, the following bills and resolutions were introduced, read the first time, and referred to the committees:
By Messrs. Harris, Lanier, and Barrett of Richmond-
House Bill No. 522. A bill to be entitled an Act to amend Section 92-4101 of the Code of Georgia of 1933, as applies to the City of Augusta, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Blease of Brooks-
House Resolution No. 150-522a. A resolution proposing an amendment to the Constitution of the State of Georgia, providing for the appointment of the Governor, members of the General Assembly and County Ordinaries, and for other purposes.
Referred to Committee on Game and Fish.
By Mr. McCracken of Jefferson-
House Resolution No. 151-522b. A resolution to refund to 0. G. Florence of Jefferson County, the sum of $67.50, overpaid, through mistake, as maintenance tax, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Davis of Floyd-
House Bill No. 523. A bill to be entitled an Act to amend Section 32-919 of the Code of Georgia of 1933, so that if the county board of education or local district trustees deem it for the best interest of the school, they shall have the right to provide means for the transportation of the pupils and teachers to and from school, and for other purposes.
Referred to Committee on Education No. 1.

1332

JouRNAL oF THE HousE,

By Mr. Newby ofTwiggs-
House Bill No. 524. A bill to be entitled an Act to amend an Act to give to the Board of Managers controlling the Factory for the Blind, the right and power to accept and to hold title to equipment, buildings and land and other properties, and for other purposes.
Referred to Committee on Public Welfare.
By Mr. Harrell of Brooks-
House Bill No. 525. A bill to be entitled an Act to provide for refund of insurance premiums on a pro rata basis upon cancellation, and for other purposes.
Referred to Committee on State of Republic.
By Messrs. Jackson of Habersham and Palmour and Phillips of Hall-
House Bill No. 526. A bill to be entitled an Act to provide that the State Department of Education shall pay the operating expenses and salaries in connection with instruction to child inmates at the State Sanitarium at Alto, including accrued expenses, and for other purposes.
Referred to Committee on Education No. 1.
Mr. Williams of Jones County, Chairman of the Committee on Corporations, submitted the following report:
Mr. Speaker:
Your Committee on Corporations 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. 268. Do not pass.
Respectfully submitted,
WILLIAMS of Jones, Chairman.
Mr. Brown of Greene County, Chairman of the Committee on Counties and County Matters, submitted the following report:

THURSDAY, jANUARY 27, 1938.

1333

Mr. Speaker:
Your Committee on Counties and County Matters 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. 510. Do pass.
House Bill No. 511. Do pass.
House Bill No. 480. Do pass.
Senate Bill No. 127. Do pass.
Respectfully submitted,
BROWN of Greene, Chairman.

Mr. Sartain of Walker County, Chairman of the Committee on Engrossing, submitted the following report:
Mr. Speaker:
Your Committee on Engrossing has examined, found properly engrossed, and ready for transmission to the Senate, the following bills and resolutions of the House, ta-wit:
House Bills Nos. 221, 278, 463, 489, 497, 499, 500, 501, 503, 505, 509.
House Resolutions Nos. 59-297a, 137-503a, 138-504a, 152.

Respectfully submitted,
SARTAIN of Walker, Chairman.
Mr. Groover of Troup County, Chairman of the Committee on Enrolling, submitted the following report:
Mr. Speaker:
Your Committee on Enrolling has examined, found properly enrolled, and ready for transmission to the Governor, the following bills of the House, to-wit:
House Bills Nos. 362, 375, 380, 384, 386, 393, 394, 395, 404,

1334

JouRNAL oF THE HousE,

409,411,412,414,415,416,418,419,424,427,429,433,434,440, 442, 446, 449, 462, 468.
Respectfully submitted,
GROOVER of Troup, Chairman.
Mr. McCracken of Jefferson County, Chairman of the Committee on Municipal Government, submitted the following report:
Mr. Speaker:
Your Committee on Municipal Government have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the House with the following recommendation:
House Bill No. 516. Do pass.
Respectfully submitted,
McCRACKEN of Jefferson, Chairman.
Mr. Edwards of Thomas County, Vice-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 House and Senate and have instructed me, as Vice-Chairman, to report the same back to the House with the following recommendations:
Senate Bill No. 119. Do pass.
Senate Bill No. 114. Do pass.
House Bill No. 519. Do pass.
Respectfully submitted,
EowARDS of Thomas, Vice-Chairman.
Mr. Freeman of Bibb County, Chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways and Means have had under con-

THURSDAY, JANUARY 27, 1938.

1335

sideration the following bill of the House and have instructed me,

as Chairman, to report the same back to the House with the fol-

lowing recommendation:



House Bill No. 420. Do pass.

Respectfully submitted,

FREEMAN of Bibb, Chairman.

By unanimous consent, the following bills of the House and

Senate, favorably reported, were read the second time:

'

By Senators Pope of the 7th District, Atkinson of the 1st Dis-
trict, Jackson of the 14th District, and Phillips of the 29th
District~

Senate Bill No. 11:4. A bill to be entitled an Act to provide for the confirmation by the Senate of appointees of the Governor for Public Office, and for other purposes.
~y Senators Patten of the 6th District and Williams of the 5th District-
Senate Bill No. 119. A bill to be entitled an Act to establish the Herty Pulp and Paper Laboratory Foundation; to incorporate the same; to define its powers and duties; and for other purposes.

By Senator Griner of the 45th District-

Senate Bill No. 127. A bill to be entitled an Act to prohibit goats from running at large in. the County of Telfair; to provide penalty for violation of this Act; and for other purposes.

By Mr. Chappell of Sumter-

House Bill No. 420. A bill to be entitled an Act to provide for the raising of revenue by placing a sales tax upon certain businesses, and for other purposes.

By Mr. Cohen of Chatham-

House Bill No. 480. A bill to be entitled art Act to provide for the use of voting machines in certain counties of Georgia, and for other purposes.

1336

JouRNAL oF THE HousE,

By Mr. Patten of Cook-
House Bill No. 510. A bill to be entitled an Act to amend an Act to abolish the offices of Tax Receiver and Tax Collector, and
to create the office of Tax Commissioner of Cook County, and for other purposes.
By Mr. Reid of Wilcox-
House Bill No. 511. A bill to be entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenues in and for the County of Wilcox, and for other purposes.
By Mr. Brown of Greene-
House Bill No. 516. A bill to be entitled an Act to amend an Act to incorporate the City of Union Point, in the County of Greene, and for other purposes.
By Messrs. Parker of Colquitt and Lanham of Floyd-
House Bill No. 519. A bill to be entitled an Act to repeal Sections 16-9901 and 16-9902 of the Code of 1933, 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 Mr. Oden of Pierce-
House Bill No. 512. A bill to be entitled an Act to provide for the payment of official bond premiums for the Tax Collector and Receiver of Pierce 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 103, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Moore of Haralson-
House Bill No. 513. A bill to be entitled an Act to amend the charter of the City of Bremen, in the County of Haralson, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

THURSDAY, JANUARY 27, 1938.

1337

On the passage of the bill, the ayes were 105, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Senator Purdom of the 46th District-
Senate Bill No. 123. A bill to be entitled an Act to amend the charter of 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 104, the nays 0.
The bill having received the requisite constitutional majority was passed.
By unanimous consent, the following bill of the Senate was read the first time and referred to the committee:
By Senator Shannon of the 21st DistrictSenate Bill No. 118. A bill to be entitled an Act to amend an
Act entitled "Highway Mileage," so as to add a certain road to the System of State Aid Roads, 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 constitutional majority the following bills and resolutions of the Senate and House, to-wit:
By Mr. Morris of DouglasHouse Resolution No. 26. A resolution authorizing the State
Librarian to furnish certain law books to the Clerk of Douglas County, and for other purposes.
By Mr. McCracken of JeffersonHouse Resolution No. 120. A resolution furnishing certain
law books to the Ordinary of Jefferson County, and for other purposes.

1338

JouRNAL oF THE HousE,

By Messrs. Peters and McGraw of Meriwether-
Hause Bill No. 145. A bill requiring candidates in primary elections for members of the General Assembly in Meriwether County to specify the particular incumbent which they desire to oppose or succeed, and for other purposes.
By Mr. Reid of Wilcox-
House Bill No. 422. A bill repealing an Act abolishing the office of County Treasurer of Wilcox County, and for other purposes.
By Senator Millican of the 52nd District-
Senate Resolution No. 56. A resolution designating and naming Highway No.3 as John B. Gordon Highway.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the House, as amended, to-wit:
By Messrs. Cohen, Grayson, and McNall of Chatham-
House Bill No. 281. A bill amending the charter of the City of Savannah, and for other purposes.
Mr. Carmichael of Cobb moved that the following bill of the House be recommitted to Committee on Ways and Means, with instructions to the committee that a public hearing be held:
By Mr. Chappell of Sumter-
House Bill No. 420. A bill to be entitled an Act to provide for the raising of additional revenue, by the levy of a tax on sales of certain commodities, and for other purposes.
Mr. Parker of Colquitt moved to amend the motion by adding that the committee report the bill back by next Tuesday, February 1, 1938.
The amended motion prevailed.

THURSDAY, jANUARY 27, 1938.

1339

Mr. Chappell of Sumter moved that the House reconsider its action in recommitting the bill to the Committee on Ways and Means.
On the motion, Mr. Parker of Colquitt moved the previous question, the call was sustained, and the main question ordered.
On the motion to reconsider, Mr. Kendrick of Fulton moved the ayes and nays, and the call was not sustained.
On the motion to reconsider, the ayes were 79, the nays 38.
The action of the House in recommitting the bill to the Committee on Ways and Means was reconsidered.
The following bills of the House were taken up for the purpose of considering the Senate substitute and amendments thereto:
By Messrs. Hastings and Kendrick and Mrs. Mankin of Fulton-
House Bill No. 349. A bill to be entitled an Act to amend an Act creating a new charter for the City of Atlanta, and for other purposes.
The following Senate substitute to House Bill No. 349 was read:
By the Senate:
A BILL
Entitled an Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28th, 1874, and the several Acts amendatory thereof, and for other purposes.
"Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that an Act establishing a new charter for the City of Atlanta approved February 28th, 1874, and the several Acts amendatory thereof, be and the same are hereby amended as follows:
"Section 1. The provisions of the charter of the City of Atlanta as embodied in Section 57 of the Code of Atlanta of 1924, which reads as follows:
"Sec. 57.. Penal Ordinances-Five Hundred Dollars FineThirty Days in Prison-Alternative Sentence.-The said Mayor

1340

JouRNAL OF THE HousE,

and General Council shall have power and authority to prescribe, by ordinance, adequate penalties for all offenses against the ordinances of said City, and to punish offenders by fines, not exceeding five hundred dollars, and imprisonment in the calaboose, not exceeding thirty days, for each offense; to enforce the payment of fines by compelling offenders and those who fail or refuse to pay said fines, to work on the streets or public works of said City. They shall have power to compel offenders, sentence to imprisonment in the calaboose, as aforesaid, to labor on the public works or streets, to be regulated by ordinance." "be amended by striking therefrom the words 'thirty days,' and substituting in lieu thereof the words 'sixty days,' so that as amended said Section shall read as follows:
"Sec. 57. Penal Ordinances-Five Hundred Dollars FineSixty days in Prison-Alternative Sentence.-The said Mayor and General Council shall have power and authority to prescribe, by ordinance, adequate penalties for all offenses against the ordinances of said City, and to punish offenders by fines, not exceeding five hundred dollars, and imprisonment in the calaboose, not exceeding sixty days, for each offense; to enforce the payment of fines by compelling offenders and those who fail or refuse to pay said fines, to work on the streets or public works of said City. They shall have power to compel offenders, sentenced to imprisonment in the calaboose, as aforesaid, to labor on the public works or streets, to be regulated by ordinance."
Sec. 2. The Aldermen and Councilmen of the City of Atlanta shall have annual salaries of Twelve Hundred ($1200.00) Dollars, each, payable in monthly installments of One Hundred ($100.00) Dollars, each beginning February 1st, 1938.
Sec. 3. The City Comptroller and the City Building Inspector shall in the future be elected by a majority vote of General Council for terms of four years, which terms shall be effective at the expiration of the respective terms of the present incumbents. In the event there should be a vacancy for any reason in any one of said offices prior to 1941, or thereafter, such vacancy to be filled by a majority vote of General Council for the remainder of the then such present term.

THURSDAY, JANUARY 27, 1938.

1341

Sec. 4. The City Comptroller shall be elected by General Council on the first Monday in August, 1940, to take office at the expiration of the term of the present comptroller; the City Building Inspector shall be elected by General Council on the first Monday in September,l940, to take office at the expiration of the term of the present Building Inspector. The successors thereafter in the respective offices shall be elected on the dates above enumerated every four years.
Sec. 5. All laws and parts of laws in conflict herewith are hereby repealed.
Mr. Hastings of Fulton moved that the House disagree to the Senate substitute to House Bill No. 349, and the motion prevailed.
By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton-
House Bill No. 385. A bill to be entitled an Act to provide for the examination of Master Electricians in counties of a certain population, and for other purposes.
The following Senate amendment to House Bill No. 385 was read:
By the Senate:
Senator Millican of the 52nd District moves to amend House Bill No. 385 by striking Section 2 thereof and substituting the following to be known as Section 2:
Be it further enacted by the authority aforesaid that Master Electricians as referred to in this Act are defined as follows: A Master Electrician is defined as a person who assumes the responsible charge either for himself or direction of other persons in the installation of wiring for light, heat and power; and is skilled in the art of electrical superintending and has sufficient practical knowledge of electricity to efficiently and properly assume the responsible charge and direction of other persons in the installation of wiring for light, heat and power.
Mr. Kendrick of Fulton moved that the House agree to the Senate amendment to House Bill No. 385.
On the motion to agree, the ayes were 112, the nays 0.

1342

JouRNAL oF THE HousE,

The Senate amendment to House Bill No. 385 was agreed to.
Mr. Davis of Floyd arose to a question of personal privilege and addressed the House.
Under the order of unfinished business, the following bill of the House was again taken up for consideration;
By Messrs. Groover, Morgan, and Ware of Troup, Hodges of Liberty, and Sanders of Coweta-
House Bill No. 194. A bill to be entitled an Act to provide for the sale and distribution of license plates for motor vehicles in each county of the State, and for other purposes.
The main question was ordered.
The following amendments to House Bill No. 194 were read and adopted:
Messrs. Groover and Ware of Troup, and Smith and Jones of Dodge move to amend House Bill No. 194 by striking the figures "1938" in Section One (1) and inserting" 1939" in lieu thereof.
Messrs. Adams of Franklin, Sams of DeKalb, and Weaver of Bibb move to amend House Bill No. 194 by adding to Section Two (2) the following:
"Tags shall be uniform throughout the State for each particular year, and the tag for use on front of the car shall bear the letter 'F' and for the rear of the car the letter 'R'."
Mr. Carmichael of Cobb moves to amend House Bill No. 194 by striking Section 5 in its entirety and renumbering the remaining sections appropriately.
Messrs. Bennett of Ware and Mundy of Polk move to amend Senate Bill No. 194 by striking Paragraph 5 in its entirety.
Mr. McGraw of Meriwether moves to amend House Bill No. 194, Section 6 by adding at the end of said Section 6 the following:
"Except in those counties where said officials are on salaries and in said counties said fees shall be paid over to the County Treasurer; Provided, however, the officials in charge of fiscal affairs of such county furnish said tax officials with additional

THURSDAY, jANUARY 27, 1938.

1343

clerical help when needed, such additional clerical help to be paid from the fees paid the treasurer under this Act.
Committee amendment to House Bill No. 194. Moves to amend House Bill No. 194 by striking therefrom the words and figures" 50" wherever they appear in Section Six and inserting in line thereof the words and figures "25."
Approved and adopted December 8, 1937, by the committee.
McGRAW, Chairman.
Committee amends further House Bill No. 194, Section 6 by adding at the end of Section 6 the following: "Except in those counties where said officials are on salaries and in said counties said fees shall be paid over to the County Treasury; Provided, however, the officials in charge of fiscal affairs of such county furnish said tax officials distributing said tags with additional clerical help.
Approved and adopted December 8, 1937, by the committee.
McGRAW, Chairman.
Messrs. Pilcher of Warren and Sanders of Coweta move to strike the second Committee Amendment to House Bill No. 194 and to substitute in lieu thereof the following:
"Except in those counties where said officials are on salaries and in said counties said fees shall be paid over to the tax collector or tax commissioner, who shall be allowed to use an amount not to exceed $2,000.00 of said fees for clerical help, and shall pay the balance, if any, into the County Treasury.
Messrs. Smith and Jones of Dodge move to amend House Bill No. 194 by adding after the word "taxes," in line 6 of Section 7, the word "due" and by striking from said section the words, "including ad valorem tax" and insert in lieu thereof, the words, "and returned for taxation" so that said section, when amended, will read as follows:
Sec. 7. To prevent motor vehicles within the meaning of the laws of Georgia from escaping taxation and to provide for the more efficient assessment and collection of taxes due on same, no license plates shall be issued to operate a motor vehicle on the

1344

JouRNAL OF THE HousE,

public highway of this State, nor shall any transfer be made, as provided in the laws of Georgia, until all State, County and School ad valorem taxes due on such vehicle shall be paid to the proper official and returned for taxation for the year in which registration is applied for, or part thereof, where a motor vehicle was acquired by him during the first three months of that year, he shall pay a full years tax, if the vehicle was acquired during the second three months of that year he shall pay three-fourths of the full years tax, if the vehicle was acquired during the third three months of that year he shall pay one half the full years tax and if the vehicle was acquired during the last three months of that year he shall pay one fourth the full years tax. And no Tax Collector or Commissioner is authorized or permitted to deliver to any motor vehicle owner for use on any motor vehicle, a license plate until the provisions of this Act have been complied with. Except that dealers license plates shall be issued without payment of ad valorem tax as herein provided.
Moves to further amend House Bill No. 194.
By inserting in line 7 of Section 8, after the word "for" and before the word "the" the words "80 percent of" so that said section when amended will read as follows;
Sec. 8. The Tax Receiver, Collector, or Commissioner shall receive such motor vehicles upon such forms and such manner as may be provided for by the Comptroller General, and it will not be necessary for said Receiver, Collector, or Commissioner to place said motor vehicle returns on the regular digest, but may keep such record of same as may be provided for and prescribed by the Comptroller General. Said motor vehicle shall be assessed for ad valorem tax purposes under this Act for 80 percent of the cash value as shown in the current automobile Blue Book, Red Book or National Automobile Dealers Association Official Used Car Guide as may be designated by Comptroller General. In the case of old cars, or motor vehicles of unusual construction such as buses, hearses, ambulances, or other specially built or constructed vehicles which may not be listed in the books so designated above, the Tax Receiver, Tax Collector, or Tax Commissioner shall assess same at its value from the best information he can obtain.

THURSDAY, JANUARY 27, 1938.

1345

Messrs. Lanham of Floyd, Hodges of Liberty, and Morgan and Groover of Troup move to amend House Bill No. 194 by striking Section 7 thereof in its entirety and inserting in lieu thereof two (2) sections to read as follows:
Sec. 7. To prevent motor vehicles within the meaning of the laws of Georgia from escaping taxation and to provide for the more efficient assessment and collection of taxes due on same. No license plates shall be issued to operate a motor vehicle on the public highways nor shall any transfer be made as provided by the laws of Georgia until such vehicle shall have been returned to the proper official for State, County, and School ad valorem tax in the manner hereinafter provided. The Tax Collector or Tax Commissioner shall be furnished with sufficient proof that such vehicle has been returned as provided for in the Act before issuing and delivering license plates to be used on such vehicle. It is further provided that where a motor vehicle has been acquired by the applicant for a license plate during the first three months of the year he shall be liable for a full year's State, County, and School tax. If the vehicle was acquired during the second three months of the year he shall be liable for three-fourths of such ad valorem tax and if acquired during third three months of year shall be liable for one-half, and if such vehicle is acquired during the last three months of the year he shall be liable for one-fourth of such ad valorem tax.
Sec. 8. On and after January 1, 1939, no Tax Collector or Tax Commissioner shall issue or deliver any license plate to any owner of a motor vehicle unless the State, County and School ad valorem taxes for the year preceding has been paid and said vehicle again returned for ad valorem taxes as and in the manner provided in this Act.
It is further moved to amend said bill by renumbering theremaining sections so as to conform with the insertion of the two foregoing sections.
Mr. Jones of Brantley moves to amend House Bill No. 194 by striking all of Sections. 7 and 8 and all other reference to the collections of ad valorem tax in any other section.
Mr. Clary of Columbia moves to amend House Bill No. 194 by striking lines 7, 8, 9, and 10 from Section 8.

1346

JouRNAL OF THE HousE,

Messrs. Howell of Brooks and Hill of Screven move to amend Section 10 by striking therefrom the words and figures "fifty cents (50)" wherever they appear, and inserting in lieu thereof the words" twenty-five (25)."
Further moves to amend the committee amendment at the end of Section Six (6) by adding at the end of Section Six (6), as amended, the following:
"said clerical help shall be paid only from fees paid into the County Treasury from distribution of license plates for motor vehicles."
Mr. Bradley of Tattnall moves to amend House Bill No. 194 by adding the words "The Tax Receiver" wherever the words "Tax Collector" and "Tax Commissioner" appear in the bill so as to provide that the Tax Receiver, Tax Collector or Tax Commissioner are permitted to sell the tags.
The substitute to House Bill No. 194 offered by the subcommittee, appointed under direction of the House, was taken up for consideration.
The following amendment to the subcommittee substitute was read and adopted:
Mr. Booth of Barrow moves to amend committee substitute to House Bill No. 194 by adding a new sentence to Section two to read as follows-"Each tag for a particular county shall have the name of the county printed thereon"-beginning with the year 1939.
Mr. Houston of Worth moved that the House reconsider its action in adopting the amendment, and the motion prevailed.
On the adoption of the amendment offered by Mr. Booth of Barrow, the ayes were 75, the nays 62.
The amendment was adopted.
The following amendments to the subcommittee substitute to House Bill No. 194 were read and adopted:
Messrs. Adams of Franklin, Sams of DeKalb, Weaver of Bibb, and Brooks of Jackson move to amend committee substitute to

THURSDAY, JANt.:ARY 27, 1938.

1347

House Bill No. 194 by adding: To Section three (or at the proper place) the following: Each tag to be used on the front of the automobile or other vehicle shall after the year 1938 carry the letter "F" and each tag to be used on the rear shall carry the letter "R" to prevent separation of duplicate tags for two cars instead of one.
Mr. Sutton of Wilkes moves to amend the substitute for House Bill No. 194 by striking out the word "three" in the first line of Section four (4) and inserting in lieu thereof the word "two (2)." Further moves to amend Section four (4) by striking from said section beginning on the second line the words "and on the same day shall mail two duplicates or copies of each sale made by him for license plates to the Director of Public Safety who shall maintain a record of the sale or transfer made of the motor vehicle license plates."
Mrs. Mankin of Fulton moves to amend House Bill No. 194 by adding at the end of Section 6 the following:
"Provided that in all counties having a population of 200,000 or more according to the United States census of 1930 or any future census, the fees provided for herein shall be paid into the treasury of all such counties for general county purposes and shall not be used as fees by the Tax Collector of such county or counties."
Messrs. Hogg of Marion, Weaver of Bibb, Joel of Clarke, Chappell of Sumter, Morgan and Groover of Troup, and Smith of Muscogee move to amend the subcommittee substitute to House Bill No. 194, Section 6 by adding the following at the end of Section 6: Provided, however, in those counties where said officials are on salaries and the population of the county is not less than 6,950, nor more than 7,000, or where the population is not less than 77,000 nor more than 80,000, according to United States census of 1930, nor to counties with not less than 36,700 nor more than 36,760, nor to counties with not less than 57,000 nor more than 57,600 nor to counties with not less than 26,750 nor more than 26,850 said fees shall be paid over to the County Treasury.
An amendment offered by Mr. Jones of Dodge was read and_ lost.

1348

JouRNAL OF THE HousE,

The following amendment to the subcommittee substitute to House Bill No. 194 was read and adopted:
Mr. Lanham of Floyd moves to amend the substitute for House Bill No. 194 by adding at the end of Section7 thereof the words "for the preceding year only," so that the last sentence of said Section 7 shall read as follows:
"Before any license plate shall be issued to any applicant the Tax Collector or Tax Commissioner shall require the payment of all past due State, County and School taxes due on motor vehicles by applicant for the preceding year only."
An amendment offered by Mr. Mundy of Polk to the substitute to House Bill No. 194 was read and lost.
The following amendment to the subcommittee substitute to House Bill No. 194 was read and adopted:
Messrs. Durden of Dougherty and Grayson of Chatham move to amend substitute for House Bill No. 194 by adding a section to be appropriately numbered as follows:
Persons, firms, or corporations which are required to make return of the value of their property and franchises to the Comptroller General under the provisions of Sections 92-2301 to 92-2309, 92-5901 and 92-5902 of Georgia Code 1933 or Tax Commissioner from the provisions of this act, except that such persons, firms or corporations shall purchase license plates from the Tax Collector or Tax Commissioner of the county in which the motor vehicles are kept and operated.
An amendment offered by Mr. Jones of Brantley was ruled out of order.
The following amendment to the subcommittee substitute to House Bill No. 194 was read and adopted:
Mr. Smith of Muscogee moves to amend substitute to House Bill No. 194 by adding a new clause just before the repealing clause to read as follows: All provisions of this bill shall become effective on January 1, 1939, and not before.
Mr. Lanham of Floyd moved that the House reconsider its action in adopting the amendment, and the motion was lost.

THURSDAY, jANUARY 27, 1938.

1349

An amendment offered by Mr. Chappell of Sumter was withdrawn.
An amendment offered by Mr. Allison of Gwinnett was ruled out of order by the Speaker.
An amendment offered by Mr. Jones of Brantley was ruled out of order by the Speaker.
The following amendment to subcommittee substitute to House Bill No. 194 was read and adopted.
Mr. Rees of Webster moves that the committee substitute for House Bill No. 194 be amended by adding a new section to be appropriately numbered as follows:
Section . . . Provided that in counties having a population of not less than 5,000 and not more than 5,100 by the 1930 Federal Census, all fees collected under this bill by the Tax Commissioner shall be paid into the County Treasury to be applied on his salary.
An amendment offered by Mr. Bradley of Tattnall was ruled out of order by the Speaker.
An amendment offered by Mr. Dunn of Pike was read and lost.
The following amendment to the subcommittee substitute was read and adopted:
Mr. Dollar of Grady moves to amend committee substitute to House Bill No. 194 by adding to caption and bill at proper place, the following:
Provided, however, in counties having a population of not less than 19,200 and not more than 19,300 according to United States Census 1930 and all future census, the Tax Collector or Commissioner which are now on a salary shall receive no additional commission under this act and in such counties the 25 is allocated to the treasury of such county.
The subcommittee substitute, as amended, to House Bill No. 194 was adopted.
The report of the committee, which was favorable to the passage of the bill, by substitute, was agreed to, as amended.

1350

JouRNAL oF THE HousE,

On the passage of the hill, by substitute, as amended, Mr. Williams of Bacon 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

Field

Allison

Fitts

Almand

Fowler

Ansley

Freeman

Bargeron

Gammage

Barlow

Gavin

Barnard

Goff

Batchelor

Grayson

Beck

Gross

Bennett

Groover

Blease

Guyton

Booth

Hamby

Bradley

Harden

Brewton

Harrell of Brooks

Brown of Peach

Harris

Carmichael of Cobb

Harvey

Carmichael of Randolph Hayes

Chappell

Hendrix

Clark

Herndon

Clary

Hill of Screven

Claxton

Hodges

Cohen

Hogg

Coleman

Hollis

Corbett

Holt

Coxon

Houze

Croker

Jackson

Culpepper of Fayette Johnson

Daves

Jones of Bartow

Davis

Jones of Dodge

Deal

Jones of Jenkins

Dollar

Kendrick

Douglass

Key

Drake

Kirbo

Dugas

Lanham

Durden

Lanier

Edwards

Leonard

Elliott

Lewallen

Ennis

Mankin

Erwin

Manry

Etheridge

Mavity

McCracken McCravey McGraw McNall Middleton Miller Moore of Baldwin Moore of Haralson Moore of Lumpkin Moore of Taliaferro Morgan Morris Moss Mundy Musgrove Newby Newton Parker Patten Perry Peters Phillips Preston of Walton Rawlins Reid of Carroll Rountree Rowland Salter Sams Sanders Sapp Sartain Saunders Simmons Smith of Dodge Smith of Henry Smith of Muscogee Striplin Sutton Swindle

THURSDAY, jANUARY 27, 1938.

1351

Tate Todd Thomas Trapnell Trippe Turner Vickery

Wall Walton Ware Warnock Weaver Welsch

Whaley Whipple Whitaker Williams of .Jones Wilson Yeomans

Those voting in the negative were Messrs.:

Bond Bridges Brooks of .Jackson Brooks of Oglethorpe Brown of Greene Clements Cogdell Dukes Dunn

Evans Ferguson Gary Hand Harrell of Irwin Herrin Hill of Clarke .Jones of Brantley Lewis

Marshall McGehee Pilcher Pirkle Sabados Scruggs Williams of Bacon Zellner

Those not voting were Messrs.:

Barrett Campbell Candler Cochran Culpepper of Mitchell Dampier Daughtry Dean DeFoor Drinkard Ellington Flanders Grubbs Hampton

Harrison Hart Hastings Horne Houston .Joel .Jones of Elbert Keel Larsen Martin Milam Oden Palmour

Peebles Pound Preston of Bulloch Ragan Rees Reid of Wilcox Spence Tapp
Taunton Wages Warnell Watkins Mr. Speaker

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 139, the nays 26.

The bill having received the requisite constitutional majority was passed, by substitute, as amended.
Mr. Sutton of Wilkes moved that the bill be immediately transmitted to the Senate, and the motion prevailed.

The following resolutions of the House were read and adopted:

1352

JOURNAL OF THE HousE,

By Messrs. Perry of Worth and Sabados of Dougherty-
House Resolution No. 152. A resolution extending the time of purchase of auto tags and drivers' licenses until February 15, 1938, and for other purposes.
By unanimous consent, the resolution was ordered immediately transmitted to the Senate.
By Mr. Dugas of White-
House Resolution No. 153. A resolution naming the new dormitory at North Georgia College in honor of Professor John C. Barnes, and for other purposes.
Mr. Durden of Dougherty moved that the House recess for one hour, and the motion prevailed.
1:40 o'clock P.M.
The Speaker called the House to order.
The following resolutions of the House were read and adopted:
By Mr. Oden of Pierce-
House Resolution No. 52-244c. A resolution providing that the teaching of forestry in the public schools of Georgia should be encouraged, and for other purposes.
By Messrs. Hastings of Fulton, Harrell of Brooks, and others-
House Resolution No. 71-311a. A resolution requesting the Board of Regents to provide a course in criminology at the University of Georgia, and for other purposes.
Under the order of business established by the Committee on Rules, the following bill of the Senate was taken up for consideration and read the third time:
By Senator Williams of the 5th District-
Senate Bill No. 39. A bill to be entitled an Act authorizing certain counties to create and establish a retirement fund for teachers and employees of county and city school system, and for other purposes.

THURSDAY, JANUARY 27, 1938.

1353

The following committee amendments to Senate Bill No. 39 were read and adopted:
Committee moves to amend Senate Bill No. 39 by striking the figures "25,000" in line 7 of Section one and inserting between the words" than" and" both" the following" 15,511 and not less than 15,509 according to the 1930 Census."
Also amend the caption accordingly.
Committee moves to amend Senate Bill No. 39 by striking the figure" 35,000" in line 6 of Section one and inserting between the words" than" and" and" the following:
"26,559 and not less than 26,557 according to the 1930 Census."
Also amend the caption accordingly.
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 105, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
Under the order of business established by the Committee on Rules, the following bill of the House was again taken up for consideration:
By Mr. Trapnell of Candler-
House Bill No. 376. A bill to be entitled an Act to amend an Act to reorganize and reconstitute the State Highway Department of Georgia, and for other purposes.
Mr. Trapnell of Candler moved that further consideration of House Bill No. 376 be postponed until Monday, January 31, 1938, immediately after the expiration of the period of unanimous consents, and the motion prevailed.
Under the order of business established by the Committee on Rules, the following resolution of the House was taken up for consideration and read the third time:

1354

JouRNAL oF THE HousE,

By Mr. Key of Jasper-
House Resolution No. 32-l28e. A resolution to make appropriation for operation of the State Radio Commission, and for other purposes.
The House was resolved into the Committee of the Whole House to consider House Resolution No. 32-l28e, and the Speaker designated Mr. Houston of Worth as the chairman thereof.
The Committee of the Whole House arose and through its chairman reported the resolution back to the House with the recommendation that the same be adopted, as amended.

The following committee amendment to House Resolution No. 32-l28e was read and adopted:
Mr. Evans of McDuffie moves to amend House Resolution No. 32-l28e by adding a new section to be appropriately numbered and to read as follows:
"The State radio shall never be used for political purposes by or for any State official unless the time is paid for at the usual rate."
And to amend the caption accordingly.

An amendment offered by Mr. Joel of Clarke was read and lost.
The report of the committee, which was favorable to the adoption of the resolution, as amended, was agreed to.
On the adoption of the resolution, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Almand Ansley Bargeron Barlow Barnard Batchelor Beck Bennett

Booth

Clark

Bradley

Clary

Brewton

Claxton

Bridges

Clements

Brown of Greene

Cochran

Campbell

Corbett

Carmichael of Cobb

Coxon

Carmichael of Randolph Croker

Chappell

Daves

. THURSDAY, jANUARY 27, 1938.

1355

Deal Dollar Douglass Drake Dugas
Dukes Edwards Ennis Erwin Ferguson Field Fitts Fowler Freeman Gammage
Gavin Goff Grayson Groover Harrell of Irwin Hart Harvey Hastings Hendrix Herndon Herrin Hill of Screven Hollis Holt Houston Houze .Joel Johnson Jones of Bartow

Jones of Dodge Jones of Elbert Jones of Jenkins Key
Kirbo Lanham Leonard Lewallen Lewis Mankin
Manry
Marshall Mavity
McCracken McGehee McGraw McNall Middleton Milam Miller Moore of Baldwin Moore of Haralson Moore of Lumpkin Moore of Taliaferro Morgan Morris Mundy Newby Newton Oden Palmour Parker Patten Perry

Ph1llips Pilcher
Ragan
Rawlins Reid of Carroll Reid of Wilcox Rountree Sanders Sapp Scruggs Simmons Smith of Dodge Smith of Henr;v Smith of Muscogee Sutton Swindle Tate Todd Trapnell Trippe Vickery Wall Ware Warnock Watkins Welsch Whaley Whipple Whitaker Williams of .Jones Wilson Yeomans Zellner

Those voting in the negative were Messrs.:

Blease Brown of Peach Drinkard Dunn Durden Evans GuYton

Hand Harden Harris Hogg .Jones of Brantley McCravey Peters

Rees Rowland Sabados Sartain Taunton Walton

Those not voting were Messrs.:

Allison Barrett

Bond Brooks of .Jackson

Brooks o:f Oglethorpe Candler

1356

JouRNAL oF THE HousE,

Cogdell Oohen Coleman Culpepper of Fayette Culpepper of Mitchell Dampier Daughtry Dav1s Dean DeFoor Ellington Elliott Etheridge. Flanders:
Gary
Gross Grubbs

Hamby Hampton Harrell of Brooks Harrison Hayes Hill of Clarke Hodges Home Jackson Keel Kendrick Lanier Larsen Martin Moss Musgrove Peebles

Pirkle Pound Preston of Bulloch Preston of Walton Salter Sams Saunders Spence Striplin Tapp Thomas Turner Wages Warnell Weaver Williams of Bacon Mr. Speaker

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

On the adoption of the resolution, as amended, the ayes were 128, the nays 20.

The resolution having received the requisite constitutional majority was adopted, as amended.

Under the order of business established by the Committee on Rules, the following bill of the House was taken up for consideration and read the third time:

By Messrs. Brewton of Evans, Bradley of Tattnall, Reid of Carroll, and others-

House Bill No. 234. A bill to be entitled an Act to license and regulate wholesale dealers in perishable farm commodities, and for other purposes.

Mr. Brewton of Evans moved that further consideration of House Bill No. 234 be postponed until Tuesday, February 1, 1938, immediately after the expiration of the period of unanimous consents.

Mr. Dollar of Grady moved that further consideration of House Bill No. 234 be indefinitely postponed.

Mr. Barrett of Richmond moved that the bill be tabled.

THURSDAY, JANUARY 27, 1938.

1357

The following substitute to House Bill No. 234 was submitted and read:
By Messrs. Zellner of Monroe and Cochran of Thomas-
A BILL
To be entitled an Act to promote the sale and distribution of perishable farm produce; to exempt vendors or peddlers of perishable farm produce from the payment of any license fee or tax, state, county or municipal, imposed upon the privilege of selling or peddling perishable farm produce; to repeal conflicting laws; 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, no vendor or peddler of perishable farm products, including products of grove and orchard, shall be required under any state law, municipal ordinance or resolution of any county authorities to pay any license fee or tax, state, county or municipal, for the privilege of engaging in the vending or peddling of such produce.
Sec. 2. All laws and parts of laws in conflict with this Act are hereby repealed.
On the motion to table, the ayes were 41, the nays 64, and the motion was lost.
On the motion to indefinitely postpone, the ayes were 41, the nays 67, and the motion was lost.
On the motion to postpone until Tuesday, February 1, 1938, the ayes were 66, the nays 39, and the motion prevailed.
Mr. Hand of Mitchell moved that the House do now adjourn until9:30 o'clock tomorrow morning.
On the motion to adjourn, the ayes were 41, the nays 64, and the motion was lost.
Mr. Barrett of Richmond arose to a question of personal privilege and addressed the House.
Mr. Barrett of Richmond gave notice, that at the proper time, he would move that the House reconsider its action in adopting

1358

JouRNAL oF THE HousE,

House Resolution No. 32-128e, in reference to the appropriation to the State Radio Commission.
Mr. Harris of Richmond moved that House Resolution No. 32-128e be immediately transmitted to the Senate.
On the motion to immediately transmit to the Senate, the ayes were 92, the nays 18, the motion prevailed, and the resolution was immediately transmitted to the Senate.
The following resolution of the House was read and adopted:
By Messrs. Sartain of Walker, Middleton of Dade, Clark of Catoosa, and others-
House Resolution No. 154. A resolution providing that the United States Post Office Department be requested to print and distribute special issue of United States postage stamps depicting Lookout Mountain, and for other purposes.
Mr. Smith of Muscogee moved that the House do now adjourn until 9:30 o'clock tomorrow morning.
On the motion, Mr. Hand of Mitchell moved the ayes and nays, and the call was not sustained.
On the motion to adjourn to 9:30 o'clock tomorrow morning, the ayes were 45, the nays 71.
The motion was lost.
Under the order of business established by the Committee on Rules, the following bill of the House was taken up for consideration and read the third time:
By Messrs. Leonard, Smith, and Elliott of Muscogee-
House Bill No. 126. A bill to be entitled an Act to provide for reciprocal agreements with other states as to privileges of operating motor vehicles over the highways of this State, and for other purposes.
Mr. Ennis of Baldwin moved that the House do now adjourn until 9:30 o'clock tomorrow morning.
On the motion, the ayes were 42, the nays 62.
The motion was lost.

THURSDAY, jANUARY 27, 1938.

1359

Mr. Houston moved that further consideration on House Bill No. 126 be postponed until Monday, January 31, 1938, immediately after the expiration of the period of unanimous consents.

Mr. Bradley of Tattnall moved that the bill be tabled, and the motion was lost.

Mr. Culpepper of Fayette moved that the House do now adjourn until 9:30 o'clock tomorrow morning.

On the motion, Mr. Sabados of Dougherty 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.:

Bargeron

Erwin

Barnard

Evans

Barrett

Ferguson

Beck

Field

Blease

Fitts

Bond

Gammage

Bridges

Gavin

Brooks of Oglethorpe Goff

Brown of Greene

GUYton

Brown of Peach

Hand

Campbell

Harrell of Irwin

Carmichael of RandolphHerndon

Chappell

Herrin

Clark

Hollis

Clary

Joel

Croker

Jones of Elbert

Culpepper of Fayette Key

Dollar

Leonard

Douglass

Lewis

Drinkard

Mavity

Edwards

McCravey McGehee McGraw Miller Moore of Haralson Morgan Newby Perry
Pirkle Ragan Smith of Muscogee Tate Taunton Trapnell Vickery Wall Watkins Whaley Whipple Whitaker

Those voting in the negative were Messrs.:

Adams Ansley Barlow Batchelor Bennett Bradley Brewton

Carmichael of Cobb Clements Corbett Coxon Daves Davis Deal

DeFoor Drake Dugas Dukes Dunn Ennis Fowler

1360

JouRNAL OF THE HousE,

Freeman Grayson Groover Harrell of Brooks Harris Harvey Hastings Hayes Hodges Hogg Holt Houston Houze Jackson Johnson Jones of Bartow Jones of Dodge Kirbo Lanham Lanier Lewallen

Mankin Manry
Marshall McCracken McNall Middleton Moore of Baldwin Moore of Lumpkin Moore of Taliaferro Mundy
Newton Palmour Parker Patten Phillips Pilcher Reid of Carroll Reid of Wilcox Rowland Sabados

Those not voting were Messrs.:

Allison Almand Booth Brooks of Jackson Candler Claxton Cochran Cogdell Cohen Coleman Culpepper of Mitchell Dampier Daughtry Dean Durden Ellington Elliott Etheridge Flanders
Gary
Gross

Grubbs Hamby Hampton Harden Harrison Hart Hendrix Hill of Clarke Hill of Screven Horne Jones of Brantley Jones of Jenkins Keel Kendrick Larsen Martin Milam Morris Moss Musgrove Oden

The roll call was verified.

Sams Sanders Sapp Sartain Scruggs Simmons Smith of Henr:v Striplin Sutton Swindle Todd Trippe Walton Warnock Welsch Williams of Bacon Williams of Jones Wilson Yeomans Zellner
Peebles Peters Pound Preston of Bulloch Preston of Walton Rawlins Rees Rountree Salter Saunders Smith of Dodge Spence Tapp Thomas Turner Wages Ware Warnell Weaver Mr. Speaker

THURSDAY, jANUARY 27, 1938.

1361

On the motion to adjourn until 9:30 o'clock tomorrow morning, the ayes were 61, the nays 82.
The motion was lost.
Mr. Jones of Bartow moved that further consideration of House Bill No. 126 be indefinitely postponed.
Mr. Culpepper of Fayette moved that the bill be tabled.
On the motion to table, the ayes were 30~ the. nays 83, and the motion was lost.
Mr. Grayson of Chatham moved that the House do now adjourn until 9:30 o'clock tomorrow morning.
On the motion, Mr. Sabados of Dougherty moved the ayes and nays, and the call was not sustained.
On the motion, the ayes were 75, the nays 39, and the motion prevailed.
The following resolution of the House was read:
By Mr. Dunn of Pike-
House Resolution No. 155. A resolution providing that the House adjourn sine die, Wednesday, February 2nd, and for other purposes.
Mr. Culpepper of Fayette moved that the resolution be tabled, and the motion prevailed.
Leaves of absence were granted to Messrs. Hodges of Liberty, Harvey of Upson, Ferguson of Sumter, Cohen of Chatham, and Milam of Spalding.
The Speaker announced the House adjourned until 9:30 o'clock tomorrow morning, and House Bill No. 126 went over until that time under the order of unfinished business.

1362

JouRNAL OF THE HousE,

REPRESENTATIVE HALL, ATLANTA, GA.,

FRIDAY, jANUARY 28, 1938.

The House met, pursuant to adjournment, this day at 9:30
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

DeFoor

Allison

Dollar

Almand

Douglass

Ansley

Drake

Bargeron

Drinkard

Barlow

Dugas

Barnard

Dukes

Batchelor

Dunn

Beck

Durden

Bennett

Elliott

Blease

Ennis

Bond

Erwin

Booth

Etheridge

Bradley

Evans

Brewton

Fitts

Bridges

Fowler

Brooks of Jackson

Freeman

Brooks of Oglethorpe Gammage

Brown of Greene

Gary

Brown of Peach

Gavin

Candler

Goff

Carmichael of Cobb

Grayson

Carmichael of Randolph Gross

Clark

Groover

Clary

Grubbs

Clements

GUYton

Cogdell

Hamby

Corbett

Harden

Coxon

Harrell of Brooks

Croker

Harrell of Irwin

Culpepper of Fayette Hart

Culpepper of Mitchell Hastings

Daughtry

Hayes

Davis

Hendrix

Deal

Herndon

Herrin Hill of Clarke Hill of Screven Hogg Hollis Holt Horne Houston Houze Jackson Joel Johnson Jones of Bartow Jones of Brantley Jones of Dodge Jones of Elbert Jones of Jenkins Kendrick Key
Kirbo Lanham Lanier Leonard Lewallen Lewis Mankin Manry Marshall Martin Mavity McCracken McCravey McGehee McNall Middleton

FRIDAY, JANUARY 28, 1938.

1363

Miller Moore of Baldwin Moore of Haralson Moore of Lumpkin Moore of Taliaferro Morgan Morris Moss Mundy Musgrove Newby Newton Palmour Parker Patten Pilcher Pirkle Preston of Walton Ragan Rawlins
~s

Reid of Carroll Reid of Wilcox Rountree Rowland Sabados Salter Sams Sapp
Sartain Saunders Scruggs Simmons Smith of HenrY Smith of Muscogee Striplin Sutton Swindle Tapp Tate Todd Thomas

Trapnell Trippe Vickery Wall Wages Walton Ware Warnock Watkins Weaver Welsch Whaley Whipple Whitaker Williams of Bacon Williams of Jones Wilson Yeomans Zellner Mr. Speaker

Mr. Harrell of Brooks, Acting Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

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 bills and resolutions.

5. First reading and reference of Senate bills and resolutions.

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

1364

JouRNAL oF THE HousE,

By Messrs. Lanham, Keel, and Davis of Floyd-
House Resolution No. 156-528a. A resolution relieving Mrs. Ida Lesser of Floyd County of liability on a Criminal Bond, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Dugas of WhiteHouse Bill No. 527. A bill to be entitled an Act to amend
Section 24-2606 of the Georgia Code of 1933, relating to salaries of judges of the Superior Courts, by increasing the compensation thereof, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Mr. Cogdell of Glynn-
House Bill No. 528. A bill to be entitled an Act to amend Section 9-401 of the Georgia Code of 1933, defining the practice of law, by broadening the definition thereof, and by providing penalties, and for other purposes.
Referred to Committee onSpecial Judiciary.
By Mr. Brooks of Oglethorpe-
House Bill No. 529. A bill to be entitled an Act to legalize seining in the County of Oglethorpe from August 1st to September 1st of each year, and for other purposes.
Referred to Committee on Game and Fish.
Mr. Davis of Floyd County, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
Your Committee on Education 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. 523. Do pass.
House Bill No. 526. Do pass. Respectfully submitted, DAVIS of Floyd, Chairman.

FRIDAY, J ANUARY 28, 1938.

1365

Mr. Sartain of Walker County, Chairman of the Committee on Engrossing, submitted the following report:
Mr. Speaker:
Your Committee on Engrossing has examined, found properly engrossed, and ready for transmission to the Senate, the following bills and resolutions of the House and Senate, to-wit:
House Bills Nos. 194, 512, 513.
House Resolutions Nos. 32-128e, 71-311a, 153, 157.
Respectfully submitted,
SARTAIN of Walker, Chairman.
By unanimous consent, the following bills of the House, favorably reported, were read the second time:
By Mr. Davis of Floyd-
House Bill No. 523. A bill to be entitled an Act to amend the Code of 1933 which pertains to transportation of pupils and teachers to and from school by providing that whenever boards of education or local district trustees deem it to best interest, they shall have right to provide means of transportation for pupils and teachers to and from school, and for other purposes.
By Messrs. Palmour and Phillips of Hall and Jackson of Habersham-
House Bill No. 526. A bill to be entitled an Act to provide that the State Department of Education shall pay operating expenses and salaries in connection with instruction to child inmates at State Sanitarium at Alto, 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 Senator Griner of the 45th District-
Senate Bill No. 127. A bill to be entitled an Act to prohibit goats from running at large in Telfair County, to provide penalty for violation, and for other purposes.

1366

JOURNAL OF THE HousE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Larsen of Laurens-
House Bill No. 508. A bill to be entitled an Act to amend the charter of the City of Dublin, to provide for placing certain profits into a sinking fund, 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, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Patten of Cook-
House Bill No. 510. A bill to be entitled an Act to amend an Act to abolish the offices of Tax Receiver and Tax Collector, and create the office of Tax Commissioner of Cook 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 103, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Reid of Wilcox-
House Bill No. 511. A bill to be entitled an Act to amend the Act creating a Board of Commissioners of Roads and Revenues for Wilcox County, and for other purposes.
The report of the committee, which was favorable to the pas.:. sage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, the nays 0.

FRIDAY, JANUARY 28, 1938.

1367

The bill having received the requisite constitutional majority was passed.
By Mr. Brown of Greene-
House Bill No. 516. A bill to be entitled an Act to amend the Act incorporating the Town of Union Point by providing that the Mayor and City Council may levy assessments for street improvements, 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, the nays 0.
The bill having received the requisite constitutional majority was passed.
By unanimous consent, the following resolution of the Senate was read the first time and referred to the committee:
By Senator Millican of the 52nd District-
Senate Resolution No. 56. A resolution designating and naming the John B. Gordon Highway.
Referred to Committee on Public Highways No.2.
The following resolutions of the House were read and adopted:
By Messrs. Sutton of Wilkes, Parker of Colquitt, and others-
House Resolution No. 157. A resolution providing for a joint session of the General Assembly for the purpose of hearing an address by Governor E. D. Rivers, and for other purposes.
By Mr. Joel of Clarke-
House Resolution No. 158. A resolution congratulating the President on his birthday, and for other purposes.
Under the order of business established by the Committee on Rules, the following resolution of the House was taken up for consideration and read the third time:
By Messrs. Phillips and Palmour of Hall, Booth of Barrow, and others-

1368

JouRNAL OF THE HousE,

House Resolution No. 94-366b. A resolution designating the Sam Tate Highway, and for other purposes.
The resolution was adopted.
The following resolution of the House was read and adopted:
By Messrs. Sartain and Mavity of Walker and Lanham of Floyd-
House Resolution No. 159. A resolution expressing regrets
and condolence to the widow of Col. R. M. W. Glenn of Walker
County, and for other purposes.
The following report of the Committee on Rules was submitted, read, and adopted:
Mr. Speaker:
Your Committee on Rules having had under consideration the request to place House Bill No. 181 on the calendar for consideration of minority report do recommend that the same be taken up on this date immediately following the period of unanimous consents and that debate be limited to ten minutes to each side.
Respectively submitted,
SurroN of Wilkes, Vice-Chairman.
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 resolutions of the House, to-wit:
By Messrs. Perry of Worth and Sabados of Dougherty-
House Resolution No. 152. A resolution extending the time for purchasing tags for motor vehicles and driver's licenses, and for other purposes.
By Messrs. Sutton of Wilkes, Parker of Colquitt, Key of Jasper, Lanier of Richmond, and others-

FRIDAY, jANUARY 28, 1938.

1369

House Resolution No. 157. A resolution inviting the Governor to address the General Assembly, and for other purposes.
Under the order of business established by the Committee on Rules, the following bill of the House was taken up for the purpose of considering the unfavorable report of the committee:
By Messrs. Guyton of Effingham, Brown of Peach, and Evans of McDuffie-
Hause Bill No. 181. A bill to be entitled an Act to repeal an Act to increase the mileage of the State Aid System of Roads by adding thereto a certain highway in Fulton County, and for other purposes.
On the question disagreeing to the unfavorable report of the committee, the ayes were 61, the nays 43.
The unfavorable report of the committee was disagreed to, and the bill was read the second time.
Under the order of business established by the Committee on Rules, the following resolution of the House was taken up for consideration and read the third time:
By Mr. Bradley of Tattnall-
House Resolution No. 131-480a. A resolution authorizing State Librarian to furnish missing volumes of Reports of Georgia Supreme Court and Georgia Court of Appeals for the office of the Clerk of Superior Court of Tattnall County, and for other purposes.
The following committee amendment to House Resolution No. 131-480a was read and adopted:
House Committee on Public Libraries amends House Resolution No. 131-480a, paragraph three to read:
"Georgia Supreme Court Reports, Volumes 4, 5, 10, 12, 15, 16, 22, 23, 24, 25, 27, 28, 30, 31, 33, 37, 38, 40, 48, 49, 58, 60, 61, 64, 69, 70, 74, 88, 93, 95, 101, 106, 114, 115, 120, 132, 133, 135, 138, 140, 147, 148, 151, 152, 154, 157, 158, 160, and 161 to 179, both numbers inclusive, and all volumes prior to Volume No. 1.

1370

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"Also Georgia Appeals Court Reports as follows: Volumes 5, 19, 20, 22, and 24 to 49."
The report of the committee, which was favorable to the adoption of the resolution, as amended, was agreed to.
On the adoption of the resolution, as amended, the ayes were 103, the nays 0.
The resolution, as amended, was adopted.
Under the order of unfinished business, the following bill of the House was again taken up for consideration:
By Messrs. Leonard, Smith, and Elliott of Muscogee-
House Bill No. 126. A bill to be entitled an Act to provide for reciprocal agreements with other States as to privileges of operating motor vehicles over the highways of this State, and for other purposes.
The following substitute to House Bill No. 126 was read and adopted:
By Messrs. Leonard, Elliott, and Smith of Muscogee, and Jones of Elbert-
A BILL
To be entitled an Act to provide for reciprocal agreements with other States as to privileges of operating motor vehicles over the highways of this State; to provide the powers and duties of State agencies or departments in reference to the said reciprocal agreements; to provide an effective date for this Act; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The State Revenue Commission is hereby authorized to negotiate with the proper authorities of other States and consummate reciprocal agreements, whereby residents of such States operating common or contract motor carriers licensed in their respective States may be granted the privilege and exemption of the operation of said motor vehicles on occasional trips and over irregular routes in this State as residents of this State may have and enjoy in said other States in the operation

FRIDAY, jANUARY 28, 1938.

1371

of motor vehicles duly licensed in this State. In the making of such agreements the State Revenue Commission shall have due regard for the advantage and convenience of the motor vehicle owners and other citizens of this State.

Sec. 2. Any and all reciprocal agreements entered into by the said State Revenue Commission shall be subject to confirmation by Act or Resolution of the General Assembly, and shall not be of force and effect until the passage of such and its approval by the Governor, except such reciprocal agreement or agreements as may be entered into while the General Assembly is not in session, in which case the same shall be submitted by the said Commission to the General Assembly not later than the tenth day of its next session; whereupon the Assembly may confirm or reject such agreement or agreements by appropriate Act or Resolution approved by the Governor but pending passage and approval of such Act or Resolution of confirmation or rejection the agreement or agreements made during the adjournment of the Assembly shall be of full force and effect according to their terms; provided, however, that the State Revenue Commission shall have the authority and power to enter into reciprocal agreements only as to requirements for a license tag, registrations and fees now placed by law under the authority of the said Department, including maintenance tags and licenses.

Sec. 3. The Public Service Commission of Georgia is hereby authorized to negotiate with the proper authorities of other States and consummate reciprocal agreements, whereby residents of such States operating common or contract motor carriers licensed in their respective States may be granted privilege and exemption of the operation of said motor vehicles on occasional trips and over irregular routes in this State as residents of this State may have and enjoy in the said other States in the operation of motor vehicles duly licensed in this State. The Public Service Commission of Georgia is authorized only to enter into reciprocal agreements insofar as the qualification, license, and fees enforced, issued and collected by it are concerned and in making such reciprocal agreements the Public Service Commission of Georgia shall have due regard for the advantage and convenience of the citizens of this State.

1372

JouRNAL OF THE HousE,

Sec. 4. Any and all reciprocal agreements entered into by the Georgia Public Service Commission shall be subject to confirmation by Act or Resolution of the General Assembly, and shall not be of force and effect until the passage of such and its approval by the Governor, except such agreement or agreements as may be entered into while the General Assembly is not in session, in which case the same shall be submitted by the Commission to the General Assembly not later than the tenth day of its next session; whereupon the Assembly may confirm or reject such agreement or agreements by appropriate Act or Resolution approved by the Governor, but pending passage and approval of such Act or Resolution of confirmation or rejection the agreement or agreements made during the adjournment of the General Assembly shall be of full force and effect according to their terms.
Sec. 5. The State Revenue Commission and the Georgia Public Service Commission shall give proper publicity to the terms of every reciprocal agreement entered into by them or either of them pursuant to this law, and they are hereby authorized and empowered to promulgate rules and regulations for the observance and enforcement of the terms of such agreement, which rules and regulations shall have the force and effect of law.
Sec. 6. All reciprocal agreements entered into by the State Revenue Commission or by the Georgia Public Service Commission while the General Assembly is not in session, shall be approved by the Governor. No reciprocal agreement shall be made, or approved hereunder except that manifest advantage will accrue therefrom to the citizens of this State.
Sec. 7. This Act shall take effect March 1, 1938.
Sec. 8. All laws and parts of laws in conflict with this Act be and the same are hereby repealed.
Mr. Grayson of Chatham moved the previous question, and the call was sustained.
The report of the committee, which was favorable to the passage of the bill, was agreed to, by substitute.

FRIDAY, jANUARY 28, 1938.

1373

On the passage of the bill, by substitute, Mr. Leonard of Muscogee moved the ayes and nays, and the call was sustained.

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

Those voting in the affirmative were Messrs.:

Adams Almand Ansley Bargeron Barlow Barnard Blease Bond Booth Brewton Bridges Brooks of Jackson Brooks of Oglethorpe Candler Carmichael of Randolph Olary
Cogdell Corbett Coxon Daughtry Deal DeFoor Dollar Douglass Drake Drinkard Dugas Dunn Elliott Ennis Erwin Etheridge Fitts Fowler Gammage

Gavin Goff Gross Groover GuYton Hamby Harden Hart Hayes Hendrix Herndon Herrin Hill of Olarke Hollis Holt Houston Houze Jackson Joel Johnson Jones of Brantley Jones of Dodge Jones of Elbert Kendrick Key Leonard Lewallen Lewis
Manry
Martin McCravey McGehee Middleton Moore of Baldwin Moore of Haralson

Moore of Lumpkin Moore of Taliaferro Morris MundY Musgrove Newby Newton Parker Patten Pilcher Pirkle Preston of Walton Reid of Carroll Reid of Wilcox Rowland Salter Sams Sapp Saunders Smith of Muscogee Tapp Todd Thomas Trapnell Wall Walton Ware Warnock Weaver Whipple Whitaker Williams of Jones Wilson Yeomans Zellner

Those voting in the negative were Messrs.:

Allison Batchelor Beck Bennett

Bradley Brown of Peach Carmichael of Cobb Olements

Culpepper of Fayette Dukes Durden Evans

1374

JOURNAL OF THE HousE,

Freeman Grayson Grubbs Harrell of Brooks Hastings Hill of Screven Hogg Jones of Bartow

Jones of Jenkins Lanham Lanier McCracken McNall Morgan Sabados Scruggs

Those not voting were Messrs.:

Smith of Henry Sutton Swindle Tate Vickery Watkins Whaley

Barrett Brown of Greene Campbell Chappell Clark Claxton Cochran Cohen Coleman Croker Culpepper of Mitchell Dampier Daves Davis Dean Edwards Ellington Ferguson Field Flanders Gary Hampton

Hand Harrell of Irwin Harris Harrison Harvey Hodges Home Keel IDrbo Larsen Mankin Marshall Mavity McGraw Milam Miller Moss Oden Palmour Peebles Perry Peters

Phillips Pound Preston of Bulloch Ragan Rawlins Rees Rountree Sanders Sartain Simmons Smith of Dodge Spence Striplin Taunton Trippe Turner Wages Warnell Welsch Williams of Bacon Mr. Speaker

The roll call was verified.

On the passage of the bill, by substitute, the ayes were 105, the nays 35.

The bill having received the requisite constitutional majority was passed, by substitute.

Mr. Leonard of Muscogee moved that the bill be immediately transmitted to the Senate, and the motion prevailed.

Mr. Zellner of Monroe arose to a question of personal privilege and addressed the House.

FRIDAY, JANUARY 28, 1938.

1375

Under the order of business established by the Committee on Rules, the following resolution of the Senate was taken up for consideration:
By Senators Shedd of the 3rd District and Knabb of the 4th District-
Senate Resolution No. 12. A resolution to amend the Constitution of the State of Georgia in regard to the levy of a tax for forest fire protection, and for other purposes.
By unanimous consent, further consideration of Senate Resolution No. 12 was postponed until Monday, January 31, 1938, immediately after the expiration of the period of unanimous consents, and to follow House Bill No. 376.
Mr. Culpepper of Fayette moved that the House do now adjourn until 10:00 o'clock Monday, January 31, 1938.
On the motion to adjourn, the ayes were 52, the nays 27.
The motion to adjourn prevailed.
The Special Committee appointed under House Resolution No. 147 to investigate certain affairs in reference to the State Welfare Board, asked for an extension of time in which to make a report, and the request was granted.
Leave of absence was granted to Mr. Williams of Bacon.
The Speaker announced the House adjourned until 10:00 o'clock Monday morning, January 31st.

1376

JouRNAL OF THE HousE,

REPRESENTATIVE HALL, ATLANTA, GA.,

MoNDAY, jANUARY 31, 1938.

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 Rev. C. H. Barrett of the Hapeville Baptist Church.

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

Adams

Coleman

Allison

Corbett

Almand

Coxon

Ansley

Croker

Bargeron

Culpepper of Fayette

Barlow

Daughtry

Barnard

Daves

Barrett

Deal

Batchelor

Dean

Beck

DeFoor

Bennett

Dollar

Blease

Douglass

Bond

Drake

Booth

Drinkard

Bradley

Dugas

Brewton

Dukes

Bridges

Dunn

Brooks of Jackson

Durden

Brooks of Oglethorpe Edwards

Brown of Greene

Elliott

Brown of Peach

Ennis

Campbell

Erwin

Candler

Etheridge

Carmichael of Cobb

Evans

Carmichael of Randolph Ferguson

Chappell

Field

Clark

Fitts

Clary

Flanders

Claxton

Fowler

Clements

Freeman

Cochran

Gammage

Cogdell

Gavin

Cohen

Goff

Grayson Gross Grubbs GUYton Hamby Hampton Hand Harden Harrell of Brooks Harrell of Irwin Harris Harrison Hart Harvey Hastings Hayes Hendrix Herndon Herrin Hill of Clarke Hill of Screven Hogg Hollis Horne Houston Houze Jackson Joel Johnson Jones of Bartow Jones of Brantley Jones of Dodge Jones of Elbert

MoNDAY, }ANUARY 31, 1938.

1377

.Tones of .Tenkins Keel Kendrick Key
Kirbo Lanham Lanier Larsen Leonard Lewallen Lewis Mankin Manry
Marshall Martin Mavity McCracken McCravey McGehee McGraw McNall Middleton
Milam Miller Moore of Baldwin Moore of Haralson Moore of Lumpkin Moore of Taliaferro Morgan Morris Moss Mundy

Musgrove Newby Newton Oden Palmour Parker Patten Perry Peters Phillips Pilcher Pirkle Pound Preston of Bulloch Preston of Walton Ragan Rawlins Rees Reid of Carroll Reid of Wilcox Rountree Rowland Sabados Salter Barns Sanders Sapp Sartain Saunders Scruggs Simmons Smith of Henry

Smith of Muscogee Spence Striplin Sutton Swindle Tapp Tate Taunton Todd Thomas Trapnell Trippe Turner Vickery Wall Walton Ware Warnell Warnock Watkins Weaver Welsch Whaley Whipple Whitaker Williams of Bacon
Williams of .rones
Wilson Yeomans Zellner Mr. Speaker

Mr. Hill of Screven, 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.

1378

JOURNAL 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 bills and resolutions.
5. First reading and reference of Senate bills and resolutions.
By unanimous consent, the following bills and resolution were introduced, read the first time, and referred to the committees:
By Mr. Gross of Stephens-
House Bill No. 530. A bill to be entitled an Act to amend an Act to abolish the offices of Tax Receiver and Tax Collector of Stephens County, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton-
House Bill No. 531. A bill to be entitled an Act to amend subparagraph 8 of Section 24-2715 of the Code of Georgia of 1933, providing that in any county having a population of 200,000, or more, the clerk may provide a suitable cross-reference card index system for indexing the records, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Harris of Richmond-
House Bill No. 532. A bill to be entitled an Act to amend an Act in reference to Banking Laws in the State of Georgia, and for other purposes.
Referred to Committee on Banks and Banking.
By Mr. Hamby of Rabun-
House Resolution No. 161-532a. A resolution authorizing the State Librarian to furnish certain law books to the offices of Ordinary and Clerk of the Superior Court of Rabun County, and for other purposes.
Referred to Committee on P.ublic Library.

MoNDAY, jANUARY 31, 1938.

1379

By Mr. Smith of Muscogee-
House Bill No. 533. A bill to be entitled an Act to allocate, appropriate and assign to the State Board of Public Welfare, to be used for the purpose of constructing and equipping new buildings for the eleemosynary institutions of this State, certain funds held by the Public Service Commission at the close of business, and for other purposes.
Referred to Committee on Sanitarium at Alto.
By Mr. Claxton of Camden-
House Bill No. 534. A bill to be entitled an Act to reduce the official bond of the Sheriff of Camden County, Georgia, from $10,000.00 to $3,000.00, and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Gross of Stephens, Hamby of Rabun, and Jones of Brantley-
Hause Bill No. 535. A bill to be entitled an Act to appropriate $1,200.00 for the payment of the salary of Mrs. Mary D. Goudelock, as Superintendent of the Confederate Soldiers Home of Georgia from April 1, 1937 to April 1, 1938; to grant her leave of absence for said period; and for other purposes.
Referred to Committee on Special Appropriations.
By Messrs. Scruggs and Dukes of Washington and Moore and Ennis of Baldwin-
House Bill No. 536. A bill to be entitled an Act to amend the Highway Mileage Act by adding additional mileage in Baldwin and Washington Counties, and for other purposes.
Referred to Committee on Public Highways No.2.
By Mr. Campbell of Newton-
House Bill No. 537. A bill to be entitled an Act to amend the Highway Mileage Act by adding additional mileage in Newton County, and for other purposes.
Referred to Committee on Public Highways No. 2,

1380

JouRNAL oF THE HousE,

Mr. Brown of Greene 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 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. 156-528a. Do pass.
Respectfully submitted,
BROWN of Greene, Chairman.
Mr. Sartain of Walker County, Chairman of the Committee on Engrossing, submitted the following report: Mr. Speaker:
Your Committee on Engrossing has examined, found properly engrossed, and ready for transmission to the Senate, the following bills and resolutions of the House, to-wit:
House Bills Nos. 126, 508, 510, 511, 516.
House Resolutions Nos. 94-366b, 131-480a.
Respectfully submitted,
SARTAIN of Walker, Chairman.
Mr. Groover of Troup County, Chairman of the Committee on Enrolling, submitted the following report:
Mr. Speaker:
Your Committee on Enrolling has examined, found properly enrolled, and ready for transmission to the Governor, the following bill and resolution of the House, to-wit:
House Bill No. 385.
House Resolution No. 152.
Respectfully submitted,
GRoovER of Troup, Chairman.

MoNDAY, jANUARY 31, 1938.

1381

The following message was received from the Senate through Mr. Hammond, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the House, by substitute, as amended, to-wit:
By Mr. Thomas of Chattooga-
House Bill No. 196. A bill to be entitled an Act to be known as the "Revenue Act to Control Alcoholic Beverages and Liquors," to provide for a tax on alcoholic beverages and spirituous liquors not now taxed, and for the control, manufacture, importation, distribution and sale in certain counties of such alcoholic beverages and liquors, and for other purposes.

The Senate insists upon its position on House Bill No. 161, known as the rolling store tax bill, and the President has appointed as a Committee of Conference on the part of the Senate to confer with a like committee from the House the following members of the Senate, to-wit:
Senators Millican of the 52nd District,
Sutton of the 47th District, and
Patten of the 6th District.
By unanimous consent, the following resolution of the House, favorably reported, was read the second time:
By Messrs. Lanham, Keel, and Davis of Floyd-
House Resolution No. 156-528a. A resolution to relieve Mrs. Ida Lesser of Floyd County of liability on a criminal bond, and for other purposes.
The following resolution of the House was read and adopted:
By Messrs. Cogdell of Glynn, Bennett of Ware, Bond of Oconee, Mundy of Polk, Brown of Greene, and Trippe of Polk-
House Resolution No. 160. A resolution wishing Hon. Marvin Pound, of Hancock, a speedy recovery.
Under the orders of the day, the following bill of the House was again taken up for consideration:

1382

JouRNAL oF THE HousE,

By Mr. Trapnell of Candler-
House Bill No. 376. A bill to be entitled an Act to amend an Act entitled, "An Act to reorganize the State Highway Department, etc.," so as to provide for designation of additional State Aid Roads, and for other purposes.

Mr. Gross of Stephens moved the previous question, the call was sustained, and the main question ordered.

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

On the passage of the bill, Mr. Trapnell of Candler 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

Hamby

Almand

Hand

Bennett

Harris

Booth

Harvey

Brewton

Hastings

Brooks of Jackson

Hayes

Brooks of Oglethorpe Hill of Clarke

Carmichael of Randolph Hill of Screven

Claxton

Hollis

Cochran

Horne

Cogdell

Houston

Cohen

Houze

Corbett

Joel

Daughtry

Johnson

Daves

Jones of Bartow

Deal

Keel

Dean

Kirbo

DeFoor

Lanier

Durden

Leonard

Etheridge

Mankin

Flanders

Manry

Fowler

Martin

Freeman

McNall

Grayson

Milam

Groover

Miller

Grubbs

Moore of Lumpkin

Morgan Mundy
Patten Phillips Preston of Bulloch Preston of Walton
Ragan
Rawlins Reid of Carroll Rountree Sabados Salter Simmons Smith of Henry Smith of Muscogee Sutton Swindle Thomas Trapnell Trippe Warnell Watkins Weaver Williams of Jones Wilson Yeomans

MoNDAY, jANUARY 31, 1938.

1383

Those voting in the negative were Messrs.:

Barlow Barnard Barrett Batchelor Beck Blease Bond Bradley Bridges Brown of Greene Brown of Peach Chappell Clary Clements Coleman Croker Culpepper of Fayette Dollar Douglass Drinkard Dugas Dukes

Dunn Erwin Evans Fitts GUYton Harden Harrell of Brooks Harrell of Irwin Harrison Hendrix Herndon Herrin Jackson Jones of Brantley Jones of Jenkins Key
MavitY McCracken McCravey McGraw Middleton Moore of Baldwin

Moore of Haralson Moore of Taliaferro Morris Moss Newby Parker Pilcher Reid of Wilcox Rowland Sams Sanders Sartain Scruggs Spence Tate Todd Vickery Wall Whaley Whipple Whitaker Williams of Bacon

Those not voting were Messrs.:

Allison Ansley Bargeron Campbell Candler Carmichael of Cobb Clark Coxon Culpepper of Mitchell Dampier Davis Drake Edwards Ellington Elliott Ennis Ferguson Field Gammage
Gary
Gavin

Goff Gross Hampton Hart Hodges Hogg Holt Jones of Dodge Jones of Elbert Kendrick Lanham Larsen Lewallen Lewis Marshall McGehee Musgrove Newton Oden Palmour

Peebles Perry Peters Pirkle Pound Rees Sapp Saunders Smith of Dodge Striplin Tapp Taunton Turner Wages Walton Ware Warnock Welsch Zellner Mr. Speaker

1384

JouRNAL OF THE HousE,

By unanimous consent, the verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 78, the nays 66.
The bill having failed to receive the requisite constitutional majority was lost.
The following resolution of the House was read and adopted:
By Messrs. Harris of Richmond, Welsch of Cobb, Middleton of Dade, and others-
House Resolution No. 162. A resolution inviting the Han. L. W. Robert to address the House of Representatives.
Under the orders of the day the following resolution of the Senate was again taken up for consideration and read the third time:
By Senators Shedd of the 3rd District and Knabb of the 4th District-
Senate Bill No. 12.
A RESOLUTION
Proposing to the qualified voters of the State of Georgia, for ratification or rejection an amendment to Article 7, Section 6, Paragraph 2, of the Constitution of Georgia, giving the right to any county to levy a tax for the purpose of providing forest fire protection and for the further conservation of natural resources, and for other purposes.
Be it resolved by the General Assembly:
Section 1. That Article 7, Section 6, Paragraph 2, of the Constitution of Georgia, which provides the purposes for which counties may levy taxes be and the same is hereby amended by adding at the end of said section of said paragraph, as amended by the General Assembly of 1937 and ratified by the people of Georgia on June 8, 1937, and after said amending clause, "and to pay county agricultural and home demonstration agents," the following words, "and to provide for fire protection of forest lands, and for the further conservation of natural resources," so that Article 7, Section 6, Paragraph 2, of the Constitution of

MoNDAY, jANUARY 31, 1938.

1385

Georgia will read as follows: "Paragraph 2. Taxing power of counties limited. The General Assembly shall not have power to delegate to any county the right to levy a tax for any purpose, except for educational purposes; to build and repair the public buildings and bridges; to maintain and support prisoners; to pay sheriffs and coroners, and for litigation; quarantine; roads and expenses of court; to support paupers and pay debts heretofore existing; to pay the county police, and to provide for necessary sanitation, and for the collection and preservation of records of birth, death, diseases, and health; to pay county agricultural and home demonstration agents; and to provide for fire protection
soofufrocreess. t, lands, and for the further conservation of natural re-
Sec. 2. The foregoing amendment shall be published in one or more newspapers in each Congressional District of this State for two months preceding the next general election and at such election shall be submitted to the qualified voters of the State, qualified to vote for the 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 7, Section 6, Paragraph 2, of the Constitution of Georgia providing that counties may levy a tax to provide for fire protection of forest lands, and for the further conservation of natural resources." 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. Allison of Gwinnett moved the previous question, the call was sustained, and the main question ordered.
An amendment offered by Mr. Jones of Brantley was read and lost.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The resolution involving an amendment to the Constitution of the State of Georgia, the roll call was ordered and the vote was as follows:

1386

JouRNAL OF THE HousE,

Those voting in the affirmative were Messrs.:

Adams

Fowler

Allison

Freeman

Almand

Goff

Barlow

Grayson

Barnard

Gross

Batchelor

Groover

Beck

Grubbs

Bennett

GUYton

Blease

Hand

Bond

Harden

Booth

Harrell of Brooks

Bradley

Harrell of Irwin

Brewton

Harris

Bridges

Harrison

Brooks of Jackson

Hart

Brooks of Oglethorpe Harvey

Brown of Greene

Hastings

Brown of Peach

Hayes

Candler

Herndon

Carmichael of Cobb

Herrin

Carmichael of Randolph Hill of Clarke

Clary

Hill of Screven

Claxton

Hogg

Clements

Hollis

Cochran

Horne

Cogdell

Houston

Cohen

Houze

Coleman

Jackson

Corbett

Joel

Coxon

Johnson

Croker

Jones of Bartow

Daves

Jones of Elbert

Deal

Jones of Jenkins

Dean

Kendrick

DeFoor

Key

Dollar

Kirbo

Douglass

Lanham

Drinkard

Lanier

Dugas

Leonard

Dukes

Lewis

Durden

Mankin

Elliott

Manry

Erwin

Martin

Etheridge

McCracken

Fitts

McCravey

Flandel'$

McGehee

McGraw McNall Middleton Milam Miller Moore of Baldwin Moore of Haralson Moore of Lumpkin Moore of Taliaferro Mundy Musgrove Newby Parker Peters Pbillips Pilcher Preston of Bulloch Preston of Walton Ragan Rawlins Reid of Carroll Reid of Wilcox Rountree Rowland Sabados Salter Sams Sanders Sapp Sartain Saunders Scruggs Simmons Smith of Henry Spence Swindle Tate Thomas Trapnell Trippe Vickery Wall Walton Ware Warnell Warnock

MoNDAY, JANUARY 31, 1938.

1387

Watkins Weaver Welsch

Whaley Whipple Williams of Bacon

Williams of Jones Wilson

Those voting in the negative were Messrs.:

Evans Jones of Brantley

Lewallen Patten

Todd

Those not voting were Messrs.:

Ansley Bargeron Barrett Campbell Chappell Clark Culpepper of Fayette Culpepper of Mitchell Dampier Daughtry Davis Drake Dunn Edwards Ellington Ennis Ferguson Field

Gammage
Gary
Gavin Hamby Hampton Hendrix Hodges Holt Jones of Dodge Keel Larsen Marshall Mavity Morgan Morris Moss Newton Oden

Palmour Peebles Perry
Pirkle Pound Rees Smith of Dodge Smith of Muscogee Striplin Sutton Tapp Taunton Turner
Wages &! Whitaker Yeomans Zellner Mr. Speaker

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

On the adoption of the resolution, the ayes were 146, the nays 5.

The resolution having received the requisite two-thirds constitutional majority was adopted.

The following message was received from His Excellency,

Governor E. D. Rivers, and read:

1388

)ouRNAL OF THE Hous,

Mr. Speaker and Members of the

January 31, 1938.

House of Representatives

State Capitol

Atlanta, Georgia Dear Mr. Speaker and

Members of the House:

It had been my purpose to come before the Assembly this morning at 11:30 with a message analyzing the financial status of the state with reference to payment of the appropriation bill.

I had hoped by 11 :30 this morning the reorganization bill and the liquor tax bill would have been finally acted upon so as to enable me to intelligently appraise the fiscal condition of the state. I cannot intelligently analyze the financial situation until these two major measures are finally acted upon.

In view of the fact that these two measures have not been finally acted upon, but apparently are in position to be finally disposed of today and in the morning, I will await the pleasure of the Assembly following the final action upon these two measures for my message.

Respectfully submitted,
E. D. RIVERS, Governor.

Under the order of business established by the Committee on Rules, the following bill of the House was taken up for consideration and read the third time:

By Mr. Preston of Bulloch-

Hause Bill No. 112. A bill to be entitled an Act to make appropriations for the operation and maintenance of the State Licensing Board for contractors, and for other purposes.
The House was resolved into the Committee of the Whole House to consider House Bill No. 112, and the Speaker designated Mr. Smith of Henry, as the Chairman thereof.

MoNDAY, jANUARY 31, 1938.

1389

The Committee of the Whole House arose, and through its Chairman, reported House Bill No. 112 back to the House with the recommendation that the same do pass, as amended.
The following committee amendments to House Bill No. 112 were read and adopted:
Messrs. Preston of Bulloch and Bennett of Ware move to amend House Bill No. 112 by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Sec. 2. Provided that any and all funds of the said 90 per cent not used by said Board as provided by law, as of December 31, 1937, be, and the same are hereby appropriated to the Division of Wild Life of the Department of Natural Resources, to be used by said division; first to retire the present indebtedness of said Division. That upon the passage of this Act said fund shall immediately be transferred to said Division.
"Provided further that any and all surplua ss aforesaid on December 31, 1938, and each ensuing year thereafter, shall be handled as now provided by law."
Mr. Sams of DeKalb moves to amend the amendment to House Bill No. 112 and the caption to the bill accordingly as follows:
By striking the words at the end of the amendment as follows: "Shall be handled as now provided by law" and by substituting therefor, the following!
"Shall be, and hereby is, allocated pro rata to the counties of this state to be used as provided by law."
Mr. Clary of Columbia moved the previous question, the call was sustained, and the main question ordered.
An amendment offered by Mr. Douglass of Talbot, and others, was read.
Mr. Evans of McDuffie moved that the House reconsider its action in adopting the committee amendments.
On the motion to reconsider, the ayes were 59, the nays 72, and the motion was lost.

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The amendment offered by Mr. Douglass of Talbot was ruled out of order.
The following amendment was read:
Mr. Durden of Dougherty moves to amend House Bill No. 112 by striking paragraph one thereof.
On the adoption of the amendment, the ayes were 81, the nays 42.
The amendment was adopted.
An amendment offered by Mr. Moore of Lumpkin was ruled out of order.
Mr. Culpepper of Fayette moved that House Bill No. 112 be referred to a subcommittee of five for the purpose of redrafting the bill and report same back to the House tomorrow, immediately after the expiration of the period of unanimous consents, and the motion prevailed.
The Speaker appointed as a subcommittee on House Bill No. 112, the following members of the House, to-wit:
Messrs. Preston of Bulloch,
Sutton of Wilkes,
Durden of Dougherty,
Swindle of Berrien, and
Bennett of Ware.
The following report of the Committee of Conference on House Bill No. 27, a bill creating the office of Tax Commissioner, was submitted and read:
The Conference Committee appointed by the House and Senate to consider House Bill No. 27, after consideration of the bill, submits the following report and recommends that same be adopted:
1. The House recedes from its position and agrees to Senate Amendments Nos. 1, 2, 3.
2. The House recedes from its position on Senate Amendment No.4, but the Committee, on the part of the House and the

MoNDAY, jANUARY 31, 1938.

1391

Senate, recommends that the figures "1943" be changed to "1944" so that the expiration of the term of the first appointee shall be January 1st, 1944.
3. The Senate recedes from its position on Senate Amendments Nos. 5 and 6.
4. The House recedes from its position on and agrees to Senate Amendments Nos. 7, 8, 9, and 10.
5. The Senate recedes from its position on Senate Amendment No. 11.
6. The House recedes from its position on Senate Amendment No. 12.
7. The Senate and House both recede from their position on Senate Amendment No. 13 and agree to insert in lieu of the stricken words, the words, "County Attorney or Solicitor General," and agree to adopt the Amendment with the foregoing change.
8. The House recedes from its position on Senate Amendments Nos. 14, 15, and 16.
9. That the House and Senate both recede from their position on Senate Amendment No. 17; and that Section 5-A of the House bill be stricken, and the following be substituted in lieu thereof:
Sec. 5-A. The Tax Commissioner shall be bound by the same laws regulating the approval of County Tax Digest as are now in force with reference to the approval of same by the Comptroller General.
10. The House recedes from its position on Senate Amendments Nos. 18, 19, 20, 21, 22.
11. That the House and Senate both recede from their position on Senate Amendment No. 23, and in lieu of the stricken words, the following be inserted: "County Attorney or Solicitor General."
12. The House recedes from its position on Senate Amendments Nos. 24, 25, 26.

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13. The House recedes from its position on Senate Amendment No. 27, with the following amendment added thereto which is agreeable to the Senate Committee. By adding after the words "County Attorney," in the fourth line, the words, "Or Solicitor General."
14. The House recedes from its position on Senate Amendments Nos. 29, 30, 31.
15. That the House and Senate recede from their position on Senate Amendment No. 32; and that Section 10, Chapter 2 of the bill, as passed by the House be adopted, with the following words to be added at the end thereof, as an amendment: "The provisions of this Act shall, in no wise, affect the collection and administration of those regulatory, professional, vocational Bodies or Boards operated under a Joint Secretary as now provided by law, and other regulatory bodies similar to the Securities Commission where a major portion of the licenses are collected by mail."
16. The Senate recedes from its position on Senate Amendment No. 33.
17. The House recedes from its position on Senate Amendments Nos. 34, 35, 36, 37, 38, 39 and 40.
18. The Senate recedes from its position on Senate Amendments Nos. 41, 42, 43, and 44.
19. The House recedes from its position on Senate Amendments Nos. 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, and 56.
20. That the House and Senat\! both recede from their position on Senate Amendment No. 57; and agree that Section No. 34 of Chapter 2 of the bill to be amended by adding at the end of said Section the following words :-"provided, further, that the taxpayer whose claim for refund is denied by the Commissioner under the terms of this Act, shall have the right to sue for refund in the Superior Court of the County in which said taxpayer would have a right to appeal from a judgment by the Board of Tax Appeals, as in this Act, provided."
21. That the House .recedes from its position on Senate Amendments Nos. 581 59, 60, 61 and 62.

MoNDAY, JANUARY 31, 1938.

1393

22. The Senate recedes from its position on Senate Amendment No. 63.
23. Both the Senate and House recede from their position on Senate Amendment No. 64; and recommend that the word "and" -being the first word in line 20 of Section 42, be stricken, and the following be inserted in lieu thereof:-"Or in the County where."

24. That the House recede from its position <;>n Senate Amendments Nos. 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82.
Your Conference Committee respectfully recommends that the foregoing report be adopted.

This, the 31st day of January, 1938. LANHAM of Floyd, CARMICHAEL of Cobb, FowLER of Treutlen.

On the Part of the House. LINDSAY of the 34th District, ATKINSON of the 1st District, PoPE of the 7th District.
On the Part of the Senate.

Mr. Sutton of Wilkes moved the previous question, the call was sustained, and the main question was ordered.
On the adoption of the report of the Committee of Conference on House Bill No. 27, Mr. Lanham 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 Allison Almand Barlow Batchelor

Bennett Bond Bradley Brewton Bridges

Brooks of Oglethorpe Brown of Greene Carmichael of Cobb Carmichael of Randolph Chappell

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Clark Clary Claxton Clements Cochran Coleman Corbett Coxon Croker Daves Deal Dollar Douglass Drake Ennis Ferguson Field Fitts Flanders Fowler Freeman Gammage Goff Grayson Gross Groover Grubbs Hamby Hampton Harrell of Brooks Harrell of Irwin Harris Harrison Hart

Harvey Hastings Hendrix Hill of Clarke Hill of Screven Hogg Hollis Houston Houze Joel Johnson Jones of Jenkins Keel Kendrick Key
Kirbo Lanham Lanier Lewallen Lewis Mankin Manry Martin McCracken McGehee McGraw McNall Milam Miller Moore of Baldwin Moore of Haralson Moore of Taliaferro Morgan

Mundy Musgrove Oden Parker Patten Perry Preston of Walton Reid of Carroll Reid of Wilcox Rountree Sanders Sapp Saunders Smith of Muscogee Striplin Sutton Swindle Tate Thomas Trapnell Trippe Vickery Wall Ware Warnell Warnock Welsch Whaley Whipple Whitaker Williams of Jones Wilson Yeomans

Those voting in the negative were Messrs.:

Barrett Beck Blease Brooks of Jackson Brown of Peach Candler Cohen Culpepper of Fayette DeFoor Drinkard Dugas

Dukes Dunn Elliott Erwin Evans GuYton Hand Harden Herndon Herrin Home

Jones of Bartow Jones of Brantley Mavity McCravey Middleton Moore of Lumpkin Morris Newby Palmour Peters Phillips

MoNDAY, jANUARY 31, 1938.

1395

Pilcher Ragan Rowland Sabados Sams Sartain

Scruggs Simmons Smith of Heill'Y Spence Taunton

Walton Watkins Weaver Williams of Bacon Zellner

Those not voting were Messrs.:

Ansley Bargeron Barnard Booth Campbell Cogdell Culpepper of Mitchell Dampier Daughtry Davis Dean Durden Edwards Ellington

Etheridge
Gary
Gavin Hayes Hodges Holt Jackson Jones of Dodge Jones of Elbert Larsen Leonard Marshall Moss Newton

Peebles Pirkle Pound Preston of Bulloch Rawlins Rees Salter Smith of Dodge Tapp Todd Turner Wages Mr. Speaker

The roll call was verified.

On the adoption of the report, the ayes were 115, the nays 49.

The report of Committee of Conference on House Bill No. 27 was adopted.

Mr. Sutton of Wilkes moved that the House recess for one hour.

Mr. Watkins of Butts moved that the House do now adjourn until 9:30 o'clock tomorrow morning.

On the motion to adjourn until 9:30 o'clock tomorrow morning, the ayes were 23, the nays 86.

The motion was lost.

The motion to recess for one hour prevailed.

2:30 o'clock P.M. The Speaker called the House to order. Under the order of business established by the Committee on

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

By Mr. Fowler of Treutlen-

House Bill No. 396.

A BILL

To be entitled an Act to appropriate the sum of $20,000.00 for the year 1938 to the Division of Forestry of the Department of Natural Resources for the purpose of developing the paper pulp industry in this State; 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 appropriated the sum of $20,000.00 for the year 1938 to the Division of Forestry of the Department of Natural Resources for the purpose of developing the paperpulp industry in this State, provided that the sum of $20,000.00 is donated from other sources to match this appropriation.

Sec. 2. 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 of considering House Bill No. 396, and the Speaker designated Mr. Clary of Columbia, as the Chairman thereof.

The Committee of the Whole House arose, and through its Chairman, reported House Bill No. 396 back to the House with the recommendation that the same do pass.

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

On the passage of the bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Allison
Almand Barlow Barrett

Batchelor Beck Bennett Bradley

Brewton Brooks of Oglethorpe Campbell Candler

MoNDAY, JANUARY 31, 1938.

1397

Carmichael of Cobb

Harris

Carmichael of Randolph Harrison

Chappell

Hastings

Clark

Herndon

Clary

Hill of Clarke

Claxton

Hill of Screven

Cochran

Hogg

Cohen

Home

Coleman

Houston

Corbett

Houze

Coxon

Jackson

Culpepper of Fayette Joel

Daughtry

Jones of Bartow

Daves

Jones of Elbert

Deal

Jones of Jenkins

Dean

Kendrick

DeFoor

Key

Dugas

Kirbo

Dukes

Lanham

Durden

Lanier

Etheridge

Leonard

Ferguson

Lewallen

Field

Lewis

Fitts

Mankin

Flanders

Manry

Fowler

McCracken

Freeman

McCravey

Gammage

McGraw

Grayson

McNall

Gross

Middleton

Grubbs

Milam

GUYton

Moore of Baldwin

Hampton

Moore of Haralson

Hand

Moore of Taliaferro

Harrell of Brooks

Morgan

Harrell of Irwin

Morris

Mundy
Oden Palmour Parker Perry
Peters Phillips Preston of Walton Reid of Carroll Rountree Sams Sanders Sapp Scruggs Simmons Smith of Henry Spence Sutton Swindle Tate Taunton Todd Trapnell Trippe Vickery Wall Ware Warnock Watkins Weaver Welsch Whaley Whitaker Williams of Bacon Williams of Jones Yeomans

Those voting in the negative were Messrs.:

Ansley Blease Bond Drinkard Dunn Evans Goff

Herrin Jones of Brantley Martin McGehee Newby Patten Ragan

Rowland Sabados Walton Whipple
Wilson Zellner

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Those not voting were Messrs.:

Adams Bargeron Barnard Booth Bridges Brooks of Jackson Brown of Greene Brown of Peach Clements Cogdell Croker Culpepper of Mitchell Dampier Davis Dollar Douglass Drake Edwards Ellington Elliott Ennis Erwin

Gary
Gavin Groover Hamby Harden Hart Harvey Hayes Hendrix Hodges Hollis Holt Johnson Jones of Dodge Keel Larsen Marshall Mavity Miller Moore of Lumpkin Moss Musgrove

Newton Peebles Pilcher Pirkle Pound Preston of Bulloch Rawlins Rees Reid of Wilcox Salter Sartain Saunders Smith of Dodge Smith of Muscogee Striplin Tapp Thomas Turner Wages Warnell Mr. Speaker

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

On the passage of the bill, the ayes were 120, the nays 20.

The bill having received the requisite constitutional majority was passed.

The following bill of the House was taken up for the purpose of considering the Senate amendment thereto:

By Messrs. Cohen, Grayson, and MeNall of Chatham-

House Bill No. 281. A bill to be entitled an Act to amend the charter of the City of Savannah, and for other purposes.

The following Senate amendment to House Bill No. 281 was considered:

By the Senate-

The Senate moves to amend House Bill No. 281 as follows:

MoNDAY, jANUARY 31, 1938.

1399

By striking all of Section 4 and inserting in lieu thereof the following:
"Should the income of the City of Savannah be decreased by law, either by Act of the General Assembly of the State of Georgia or the Mayor and Aldermen of the City of Savannah it shall be the duty of the said budget commission to immediately adjust its budget to comply with such decreased revenue. Except as herein expressly authorized the total expenses incurred and appropriations made by the Mayor and Aldermen of the City of Savannah in any year shall never exceed the total revenue estimated for that year as provided in Section 1 of this Act and as thereafter reduced as provided in this Section. Nothing contained in this Section or in this bill shall be construed as in any way impairing, limiting or restricting the right of the Mayor or the Aldermen of the City of Savannah to make temporary loans to supply casualty deficiencies in revenue as provided in the Constitution of Georgia."
Mr. Grayson of Chatham asked unanimous consent that the House disagree to the Senate amendment to House Bill No. 281, the request was granted, and the Senate amendment was disagreed to.
Under the order of business established by the Committee on Rules, the following bill of the House was taken up for consideration and read the third time:
By Messrs. Grubbs of Crisp, Cochran of Thomas, Houston of Worth, and others-
House Bill No. 260.
A BILL
To be entitled an Act to appropriate to the Executive Department for each of the fiscal years 1937-1938 and 1938-1939 the sum of $100,000 to be used in the prevention, control and eradication of dangerous insects and plant diseases, and for research relative thereto; to provide how said appropriation shall be expended; and for other purposes.
Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same:

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Section 1. That there is hereby appropriated to the Executive Department out of funds in the general treasury the sum of $100,000 for each of the fiscal years 1937-1938 and 1938-1939. Said sum, or so much thereof as may be necessary, shall be used:
(a) To prevent the introduction into and dissemination within the State of Georgia of dangerous insects and plant diseases not known to exist in the State of Georgia, and
(b) For the control, prevention of spread, eradication and research against any and all dangerous insects and plant diseases which now or hereafter exist in this State.
Sec. 2. The expenditure of said funds for the aforesaid purposes shall be under the control and supervision of the State Entomologist; provided, however, no amount of said appropriation may be used until the State Entomologist has satisfied the Governor, by the submission of proof, that an emergency exists by virtue of the threatened introduction and/or dissemination within this State of such dangerous insects and/or plant diseases, or of the existence in this State of dangerous insects and/or plant diseases sufficient in quantity or virulence as to substantially endanger the agricultural, horticultural or other similar interests in this State, and to warrant the expenditure of any portion or all of the appropriation.
Sec. 3. Any portion of the amount of the appropriation unexpended at the end of either fiscal year shall revert to the general fund.
Sec. 4. All laws and parts of laws in conflict with this Act are hereby repealed.
The House was resolved into the Committee of the Whole House to consider House Bill No. 260, and the Speaker designated Mrs. Coxon of Long, as the Chairman thereof.
The Committee of the Whole House arose, and through its Chairman, reported House Bill No. 260 back to the House with the recommendation that the bill do pass, as amended.
The following committee amendment to House Bill No. 260 was read and adopted:

MoNDAY, jANUARY 31, 1938.

1401

Mr. Parker of Colquitt moves to amend House Bill No. 260 by striking the words and figures "One hundred Thousand ($100,000.00) Dollars" wherever they appear in said bill and substituting in lieu thereof the words and figures" Fifty Thousand ($50,000.00) Dollars" and amend the caption accordingly.

An amendment offered by Mr. Jones of Brantley was read and 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.:

Barlow Barnard Batchelor Bennett Blease Bradley Brewton Bridges Brooks of Oglethorpe Candler Carmichael of Cobb Chappell Clark Claxton Cochran Coleman Corbett Coxon Croker Culpepper of Fayette Daughtry Daves Davis Deal Dukes Dunn Durden Ennis Erwin Etheridge

Field Fitts Flanders Fowler Freeman Gammage
Goff Grayson Groover Grubbs GuYton Hampton Hand Harrell of Brooks Harris Hart Hastings Herndon Herrin Hill of Screven Hogg Hollis Home Houston Houze Jackson Jones of Bartow Jones of Elbert Jones of Jenkins Kendrick

Ke Kirbo Lanham Lanier Lewallen Lewis Mankin Manry Mavity McCracken McCravey McGraw McNall Middleton Milam Moore of Baldwin Moore of Haralson Moore of Lumpkin Moore of Taliaferro Morgan Morris Moss Mundy Newby Oden Palmour Parker Patten Perry Peters

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JouRNAL OF THE HousE,

Phillips Pilcher Preston of Bulloch Preston of Walton Rawlins Rountree Sabados Sams Sanders Sapp Scruggs Simmons

Smith of Muscogee Spence Striplin Sutton Swindle Tate Todd Trapnell Trippe Vickery Wall Walton

Ware Warnock Weaver Welsch Whaley Whipple Whitaker Williams of Bacon Williams of Jones Wilson Yeomans Zellner

Those voting in the negative were Messrs.:

Adams Allison Ansley Barrett Bond Brown of Peach Campbell

Clary Drinkard Dugas Evans Harden Hayes

Jones of Brantley Martin McGehee Sartain Smith of Hemy Taunton

Those not voting were Messrs.:

Almand

Ferguson

Bargeron

Gary

Beck

Gavin

Booth

Gross

Brooks of Jackson

Hamby

Brown of Greene

Harrell of Irwin

Carmichael of Randolph Harrison

Clements

Harvey

Cogdell

Hendrix

Cohen

Hill of Clarke

Culpepper of Mitchell Hodges

Dampier

Holt

Dean

Joel

DeFoor

Johnson

Dollar

Jones of Dodge

Douglass

Keel

Drake

Larsen

Edwards

Leonard

Ellington

Marshall

Elliott

Miller

Musgrove Newton Peebles Pirkle Pound Ragan Rees Reid of Carroll Reid of Wilcox Rowland Salter Saunders Smith of Dodge Tapp Thomas Turner Wages Warnell Watkins Mr. Speaker

The roll call was verified.

On the passage of the bill, as amended, the ayes were 126, the nays 19.

MoNDAY, jANUARY 31, 1938.

1403

The bill having received the requisite constitutional majority was passed, as amended.
Under the order of business established by the Committee on Rules, the following bill of the Senate was taken up for consideration, and the caption of the bill was read:
By Senator Pope of the 7th District-
Senate Bill No. 51. A bill to be entitled an Act to amend the Act entitled "Board of Photographic Examiners," as the same appears in the Acts of 1937, and for other purposes.
Mr. Lewis of Burke moved that the House do now adjourn until 9:30 o'clock tomorrow morning, and the motion prevailed.
Leaves of absence were granted to Messrs. Fitts of Madison and Mundy of Polk.
The Speaker announced the House adjourned until 9:30 o'clock tomorrow morning, and Senate Bill No. 51 went over until that time under the order of unfinished business.

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JOURNAL oF THE HousE,

REPRESENTATIVE HALL, ATLANTA, GA.,

TuESDAY, FEBRUARY 1, 1938.

The House met, pursuant to adjournment, this day at 9:30 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

Croker

Allison

Culpepper of Fayette

Almand

Culpepper of Mitchell

Ansley

Dampier

Bargeron

Daughtry

Barlow

Daves

Barnard

Davis

Barrett

Deal

Batchelor

Dean

Beck

DeFoor

Bennett

Dollar

Blease

Douglass

Bond

Drake

Booth

Drinkard

Bradley

Dugas

Bridges

Dukes

Brooks of Jackson

Dunn

Brooks of Oglethorpe Durden

Brown of Greene

Edwards

Brown of Peach

Elliott

Campbell

Ennis

Candler

Erwin

Carmichael of Cobb

Etheridge

Carmichael of Randolph Evans

Chappell

Ferguson

Clark

Field

Clary

Flanders

Claxton

Fowler

Clements

Freeman

Cochran

Gammage

Cogdell

Gary

Cohen

Gavin

Coleman

Goff

Corbett

Grayson

Ooxon

Gross

Groover Grubbs Guyton Hamby Hand Harden Harrell of Brooks Harrell of Irwin Harris Harrison Hart Harvey Hastings Hayes Hendrix Herndon Herrin Hill of Clarke Hill of Screven Hogg Hollis Holt Horne Houston Houze Jackson Joel Johnson Jones of Bartow Jones of Brantley Jones of Dodge Jones of Elbert Jones of Jenkins Keel Kendrick

TUESDAY, FEBRUARY 1, 1938.

1405

Key Kirbo Lanham Lanier Larsen Leonard Lewallen Lewis Mankin Manry Marshall Martin Mavity McCracken McCravey McGehee McGraw McNall Middleton Milam Miller Moore of Baldwin Moore of Haralson Moore of Lumpkin Moore of Taliaferro Morgan Morris Moss Musgrove Newby Newton

Oden Palmour Parker Patten Perry Peters Phillips Pilcher Pirkle Pound Preston of Bulloch Preston of Walton Ragan Rawlins Rees Reid of Carroll Reid of Wilcox Rountree Rowland Sabados Salter Sams Sanders Sapp Sartain Saunders Scruggs Simmons Smith of Dodge Smith of Henry Smith of Muscogee

Spence Striplin Sutton Swindle Tapp Tate Taunton Todd Thomas Trapnell Trippe Turner Vickery Wall Wages Walton Ware Warnell Warnock Watkins Weaver Welsch Whaley Whipple Whitaker Williams of Bacon Williams of Jones Wilson Yeomans Zellner Mr. Speaker

Mr. Harrell of Brooks, Acting Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

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.

1406

JouRNAL 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 bills and resolutions.
5. First reading and reference of Senate bills and resolutions.
By unanimous consent, the following bills and resolutions were introduced, read the first time, and referred to the committees:
By Messrs. Phillips and Palmour of Hall-
House Bill No. 538. A bill to be entitled an Act to amend the General Tax Act of 1935, by changing the maximum age at which one is liable for the payment of poll tax to fifty years instead of sixty, and for other purposes.
Referred to Committee on Ways and Means.
By Mr. Swindle of Berrien-
House Bill No. 539. A bill to be entitled an Act to give private banks or private bankers the right to charge exchange on checks drawn on them when presented by any bank, banker, trust company or agent, and for other purposes.
Referred to Committee on Banks and Banking.
By Messrs. Sutton of Wilkes and Ennis and Moore of Baldwin-
House Bill No. 540. A bill to be entitled an Act to authorize, empower and direct the Governor to assign and set apart the rentals of the Western and Atlantic Railroad for a certain period for a special treasury fund, and for other purposes.
Referred to Committee on State of Republic.
By Messrs. Drinkard of Lincoln and Dunn of Pike-
House Resolution No. 163-540a. A resolution to appoint a committee from memhers of both Houses of the General Assembly to investigate the advisability of the State establishing its own factory for manufacturing road machinery, and parts for same, and for other purposes.
Referred to Committee on Public Highways No. 1.

TuESDAY, FEBRUARY 1, 1938.

1407

By Messrs. Preston of Bulloch, Dugas of White, and MeNall of Chatham-
House Resolution No. 164-540b. A resolution to appoint a committee of three to investigate the feasibility of removing one of the State's buildings, and for other purposes.
Referred to Committee on Military Affairs.
By Messrs. Cochran ofThomas and DeFoor of Mcintosh-
House Bill No. 541. A bill to be entitled an Act to prescribe a maximum limit of levy of a tax for all county purposes by ordinaries or other county authorities of the State of Georgia and to fix such maximum, or over-all limit at five mills, and for other purposes.
Referred to Committee on Ways and Means.
By Mr. Reid of Wilcox-
House Bill No. 542. A bill to be entitled an Act to repeal that certain Act approved August 7, 1923, (Georgia Laws, 1923) which abolished the office of County Treasurer of Wilcox County, and for other purposes.
Referred to Committee on Counties and County Matters~
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 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. 47. Do pass.
Respectfully submitted,
LANIER of Richmond, Chairman.
Mr. Flanders of Emanuel County, Chairman of the Committee on Banks and Banking, submitted the following report:

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JouRNAl. OF THE HousE,

Mr. Speaker: Your Committee on Banks and Banking have had under con-
sideration 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. 532. Do pass. Respectfully submitted, FLANDERS of Emanuel, Chairman.
Mr. Brown of Greene 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. 530. Do pass.
House Bill No. 531. Do pass.
House Bill No. 534. Do pass.
Respectfully submitted,
BRowN of Greene, Chairman.
Mr. Sartain of Walker County, Chairman of the Committee on Engrossing, submitted the following report:
Mr. Speaker:
Your Committee on Engrossing has examined, found properly engrossed, and ready for transmission to the Senate, the following bills of the House, to-wit:
House Bills Nos. 260, 396.
Respectfully submitted,
SARTAIN of Walker, Chairman.

TuESDAY, FEBRUARY 1, 1938.

1409

Mr. Groover of Troup County, Chairman of the Committee on Enrolling, submitted the following report:
Mr. Speaker:
Your Committee on Enrolling has examined, found properly enrolled, and ready for transmission to the Governor, the following bills and resolutions of the House, to-wit:
House Bills Nos. 145, 202, 317, 379, 387.
House Resolutions Nos. 26-103b, 120-455a.
Respectfully submitted,
GROOVER of Troup, Chairman.
Mr. McCracken of Jefferson County, Chairman of the Committee on Municipal Government, submitted the following report:
Mr. Speaker:
Your Committee on Municipal Government have had under consideration the following bill 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. 522. Do pass.
House Resolution No. 151-522. Do pass.
Respectfully submitted,
McCRACKEN of Jefferson, Chairman.
Mr. Ragan of Pulaski County, Vice-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 resolution of the Senate and House and have instructed me, as Vice-Chairman, to report the same back to the House with the following recommendations:
Senate Bill No. 111. Do pass.

1410

JouRNAL OF THE HousE,

Senate Bill No. 112. Do pass.
Senate Bill No. 113. Do pass.
Senate Bill No. 118. Do pass.
Senate Bill No. 120. Do pass.
Senate Resolution No. 56. Do pass.
House Bill No. 518. Do pass.
House Bill No. 520. Do pass, by substitute.
House Bill No. 536. Do pass.
Respectfully submitted,
RAGAN of Pulaski, Vice-Chairman.
Mr. Houston of Worth County, Chairman of the Committee on Special Appropriations, submitted the following report: Mr. Spea~er:
Your Committee on Special 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. 535. Do pass.
Respectfully submitted,
HousToN of Worth, Chairman.
Mr. Smith of Muscogee County, Chairman of the Committee on State Sanitarium, submitted the following report:
Mr. Speaker: Your Committee on State Sanitarium have had under con-
sideration 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. 533. Do pass. Respectfully submitted, SMITH of Muscogee, Chairman.

TuESDAY, FEBRUARY 1, 1938.

1411

By unanimous consent, the following bills and resolutions of the House and Senate, favorably reported, were read the second time:
By Senator Patten of the 6th District-
Senate Bill No. 47. A bill to be entitled an Act to amend Section 1 of Article VIII of the Constitution of the State of Georgia so as to provide for a state-wide retirement system and tenure of office for school teachers and school employees, and for other purposes.
By Senator Millican of the 52nd District-
Senate Resolution No. 56. A resolution designating and naming Highway No. 3 as John B. Gordon Highway, and for other purposes.
By Senator Peebles of the 18th District-
Senate Bill No. 111. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," so as to add a certain road to the System of State Aid Roads, and for other purposes.
By Senator Burrell of the 40th District-
Senate Bill No. 112. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," so as to add a certain road to the System of State Aid Roads, and for other purposes.
By Senator Burrell of the 40th District-
Senate Bill No. 113. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," so as to add a certain road to the System of State Aid Roads, and for other purposes.
By Senator Shannon of the 21st District-
Senate Bill No. 118. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," so as to add a certain road to the System of State Aid Roads, and for other purposes.
By Senator Neely of the 30th District-
Senate Bill No. 120. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," so as to add a certain road to the System of State Aid Roads, and for other purposes.

1412

JouRNAL OF THE HousE,

By Mr. McCracken of Jefferson-
House Resolution No. 151-522b. A resolution to refund to 0. G. Florence of Jefferson County, Georgia, the sum of $67.50, overpaid, through mistake, as maintenance tax, and for other purposes.
By Mr. Hand of Mitchell-
House Bill No. 518. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," so as to add a certain road to the System of State Aid Roads, and for other purposes.
By Messrs. Perry and Houston of Worth and Parker and Barlow of Colquitt-
House Bill No. 520. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," so as to add a certain road to the System of State Aid Roads, and for other purposes.
By Messrs. Harris, Lanier, and Barrett of Richmond-
House Bill No. 522. A bill to be entitled an Act to amend Section 92-4101 of the Code of 1933, as applies to the City of Augusta, and for other purposes.
By Mr. Gross of Stephens-
House Bill No. 530. A bill to be entitled an Act to amend an Act to abolish the offices of Tax Receiver and Tax Collector of Stephens County, and for other purposes.
By Messrs. Kendrick and Hastings and Mrs. Mankin of Fulton-
House Bill No. 531. A bill to be entitled an Act to amend subparagraph 8 of Section 24-2715 of the Code of Georgia, making provisions for clerks of certain counties having a population of 200,000 or more, relating to providing suitable crossreference cards, index system, for indexing records, and for other purposes.
By Mr. Harris of Richmond-
House Bill No. 532. A bill to be entitled an Act to amend the Banking Laws of the State of Georgia, and for other purposes.

TuESDAY, FEBRUARY 1, 1938.

1413

By Mr. Smith of Muscogee-
House Bill No. 533. A bill to he entitled an Act to provide for a building program for the eleemosynary institutions of Georgia, and for other purposes.
By Mr. Claxton of Camden-
House Bill No. 534. A hill to he entitled an Act to reduce the official bond of the Sheriff of Camden County, Georgia, and for other purposes.
By Messrs. Gross of Stephens, Ham by of Rabun, and Jones of Brantley-
Hause Bill No. 535. A hill to be en ti tied an Act to appropriate $1,200.00 for the payment of the salary of Mrs. Mary D. Goudelock, as Superintendent of the Confederate Soldiers Home of Georgia, from April 1, 1937, to April 1, 1938, to grant her leave of absence for same period, and for other purposes.
By Messrs. Scruggs and Dukes of Washington and Moore and Ennis of Baldwin-
House Bill No. 536. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," so as to add a certain road to the System of State Aid Roads, and for other purposes.
By unanimous consent, the following bills of the Senate were read the first time and referred to the committees:
By Senators Griner of the 45th District, Harrison of the 17th District, and Jones of the 38th District-
Senate Bill No. 124. A bill to be entitled an Act to amend the Highway Mileage Act by adding additional mileage, and for other purposes.
Referred to Committee on Public Highways No.2.
By Senator Lindsay of the 34th District-
Senate Bill No. 125. A bill to be entitled an Act to provide for the priorities of tax liens other than taxes on real estate, and for other purposes.
Referred to Committee on General Judiciary No. 1.

1414

JouRNAL OF THE HousE,

The following message was received from the Senate through Mr. Hammond, the Secretary thereof:
Mr. Speaker:
The Senate has adopted the report of the Conference Committee of the following bill, to-wit:
By Messrs. Parker of Colquitt, Preston of Bulloch, Lanier of Richmond, Mundy of Polk, Sutton of Wilkes, and Key of Jasper-
House Bill No. 27. A bill to make comprehensive provision for an integrated tax administration for Georgia; to create the Department of Taxation and the office of State Tax Commissioner; 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 House, as amended, to-wit:
By Messrs. Booth of Barrow, Brooks of Jackson, Fitts of Madison, and Joel of Clarke-
House Resolution No. 132. A resolution paying tribute and honor to one of Georgia's noble sons by naming State Road No. 15 the Crawford W. Long Memorial Highway.
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 and House, to-wit:
By Mr. Campbell of NewtonHouse Bill No. 169. A bill amending an Act relating to the
salary of the Treasurer of Newton County so as to provide for an additional salary of said Treasurer, and for other purposes.
By Mr. Deal of BullochHause Bill No. 453. A bill to amend the Highway Mileage

TuESDAY, FEBRUARY 1, 1938.

1415

Act by adding additional mileage to the State Aid System, and for other purposes.
By Mr. Booth of Barrow-
House Bill No. 455. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Messrs. Dampier and Larsen of Laurens and Jones and Smith of Dodge-
House Bill No. 456. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Mr. Field of Whitfield-
House Bill No. 460. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Mr. Reid of Wilcox-
House Bill No. 465. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Mr. Adams of Franklin-
House Bill No. 469. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Messrs. Drake of Seminole and Simmons and Kirbo of Decatur-
House Bill No. 471. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Mr. Adams of Franklin-
House Bill No. 473. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.

1416

JouRNAL OF THE HousE:,

By Mr. Pound of Hancock-
House Bill No. 476. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Messrs. Elliott, Leonard, and Smith of Muscogee-
House Bill No. 478. A bill to amend an Act relating to city taxes of Columbus, and for other purposes.
By Mr. Jones of ElbertHouse Bill No. 479. A bill to increase the sal~rv of the Trea-
surer of Elbert County, and for other purposes. .
By Mr. Whitaker of Clayton-
House Bill No. 486. A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Clayton County, and for other purposes.
By Senators Griner of the 45th District, Harrison of the 17th District, and Jones of the 38th District-
Senate Bill No. 124. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Senator Lindsay of the 34th District-
Senate Bill No. 125. A bill to provide for the priorities of tax liens other than taxes on real estate, 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 and resolution of the House, to-wit:
By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton-
House Bill No. 79. A bill authorizing a refund of the unearned portion of amounts paid by motor carriers on an annual basis for the calendar year 1937, as mileage tax, and for other purposes.

TuESDAY, FEBRUARY 1, 1938.

1417

By Mr. Dugas of White-
House Resolution No. 153. A resolution naming the new dormitory now under construction at the North Georgia College in honor of Professor John C. Barnes, known as Daddy Barnes, and for other purposes.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:
Mr. Speaker:
The Senate has disagreed to the House amendments to the following bill of the Senate, to-wit:
By Senators Purdom of the 46th District and Lindsay of the 34th District-
Senate Bill No. 49. A bill to change the name of the Prison Commission of the State of Georgia to "The State Prison and Parole Commission," and for other purposes.
The Senate insists upon its position on House Bill No. 349, a local bill affecting the City of Atlanta, and requests that a Conference Committee be appointed by the Speaker to confer with a like committee from the Senate.
The President has appointed as a Committee of Conference on the part of the Senate on House Bill No. 349, the following members of the Senate, to-wit:
Senators Millican of the 52nd District,
Sutton of the 47th District, and
Holmes of the 22nd District.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:
Mr. Speaker:
The Senate insists upon its position on the House amendments to the following bill of the Senate and appoints a Conference Committee to confer with a like committee on the part of the House:

1418

JouRNAL oF THE HousE,

By Senators Purdom of the 46th District and Lindsay of the 34th District-
Senate Bill No. 49. A bill to change the name of the Prison Commission of the State of Georgia to "The State Prison and Parole Commission," and for other purposes.
The Senate has appointed as a Committee of Conference on the part of the Senate:
Senators Lindsay of the 34th District,
Purdom of the 46th District, and
Kimbrough of the 25th District.
Under the orders of the day, the following bill of the House was again taken up for consideration:
By Mr. Preston of Bulloch-
Hause Bill No. 112. A bill to be entitled an Act to make appropriations for the operation and maintenance of the State Licensing Board for contractors, and for other purposes.
Mr. Lanier of Richmond moved the previous question, and the call was not sustained.
Mr. Smith of Muscogee moved the previous question, the call was sustained, and the main question ordered.
The following subcommittee substitute to House Bill No. 112 was read:
Substitute to House Bill No. 112 by the subcommittee composed of Messrs. Preston of Bulloch, Bennett of Ware, Sutton of Wilkes, Durden of Dougherty, and Swindle of Berrien.
An Act to make an appropriation for the operation of State Licensing Board for contractors; to suspend operations of Act providing payment of revenue collected by said board; to direct and appropriate all balances on hand after payment of expenses of operation of said board; and for other purposes.
Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, that from and after the passage of this Act a sum not ex-

TuESDAY, FEBRUARY 1, 1938.

1419

ceeding Twelve Thousand Dollars is hereby appropriated to the State Licensing Board for contractors for operations of said Board from the date of its creation to the date of the passage of this Act, said sum to be paid out of fees collected under the Act creating said Board passed March 30, 1937 and now in the hands of said Board.
Sec. 2. Provided further that any and all funds over and above the sum appropriated in Section 1 hereof be and the same are hereby appropriated to the Division of Wild Life of the Department of Natural Resources.
Sec. 3. The sums herein appropriated shall be paid immediately upon the passage of this Act.
Sec. 4. All laws and parts of laws in conflict with this Act are hereby repealed.
The following amendment to subcommittee substitute to House Bill No. 112 was read:
Messrs. Lanham and Davis of Floyd move to amend the substitute for House Bill No. 112 by striking Section 2 of said substitute and by inserting in lieu thereof a new section to be known as Section 2, as follows:
"Provided further that any and all funds over and above the sum appropriated in Section 1 hereof as may be necessary to pay the balance of the indebtedness now existing against the Division of Wild Life of the Department of Natural Resources any remainder to go into the General Treasury of the State."
On the adoption of the amendment, Mr. Rees of Webster moved the ayes and nays, and the call was not sustained.
On the adoption of the amendment, the ayes were 103, the nays 47, and the amendment was adopted.
An amendment offered by Messrs. Jackson of Habersham, Dukes of Washington, and Evans of McDuffie was ruled out of order.
The following amendment to subcommittee substitute to House Bill No. 112 was read and adopted:

1420

JouRNAL OF THE HousE,

Messrs. Parker and Barlow of Colquitt, Moore of Lumpkin, Evans of McDuffie, and Sabados of Dougherty move to amend the Special House Committee substitute for House Bill No. 112 by adopting thereto a new section, to be appropriately numbered and placed immediately before the repealing clause, and to read as follows:
"Section . . .. Be it further enacted that Sections two, three, four, five, six, nine, ten, eleven, and fourteen of an Act approved March 30, 1937, Ga. Laws 1937, page 774, known as a bill to regulate the profession of contracting, be and the same are hereby repealed.''

The subcommittee substitute to House Bill No. 112, as amended, was adopted.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to, by substitute, as amended.

On 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.:

Allison Almand Ansley Bargeron Barnard Batchelor Bennett Blease Bond Booth Bradley Brewton Bridges Brooks of Jackson Brooks of Oglethorpe Brown of Greene Brown of Peach Carmichael of Cobb Clark Clary Claxton

Clements Cogdell Cohen Coleman Corbett Coxon Croker Culpepper of Fayette Dampier Daughtry Daves Davis Deal Dean DeFoor Drake Drinkard Dugas Dukes Dunn Durden

Elliott Ennis Erwin Etheridge Evans Ferguson Field Flanders Fowler Gammage Gary Gavin Goff Grayson Gross Groover Grubbs Guyton Hamby Hand Harden

TuESDAY, FEBRUARY 1, 1938.

1421

Harrell of Irwin Harris Harrison Hart Harvey Hastings Hayes Hendrix Herndon Hill of Screven Hogg Hollis Holt Horne Houston Houze Joel Johnson Jones of Bartow Jones of Dodge Jones of Elbert Jones of Jenkins Kendrick Key
Kirbo Lanham Lanier Lewallen Lewis Mankin Manry Marshall Martin

Mavity McCracken McCravey McGehee McGraw McNall Middleton Milam Miller Moore of Baldwin Moore of Haralson Moore of Lumpkin Morgan Morris Moss Musgrove Newby Newton Oden Parker Patten Peters Phillips Pilcher Preston of Bulloch Preston of Walton Ragan Rawlins Reid of Carroll Reid of Wilcox Rountree Rowland Sabados

Salter Sanders Sapp Scruggs Simmons Smith of Dodge Smith of Henry Spence Striplin Sutton Swindle Tate Todd Thomas Trapnell Trippe Vickery Wall Walton Ware Warnell Warnock Watkins Weaver Welsch Whaley Whipple Whitaker Williams of Bacon Williams of Jones Wilson Yeomans Zellner

Those voting in the negative were Messrs.:

Barrett Candler Chappell

Dollar Harrell of Brooks

Herrin Sams

Those not voting were Messrs.:

Adams

Douglass

Barlow

Edwards

Beck

Ellington

Campbell

Fitts

Carmichael of Randolph Freeman

Cochran

Hampton

Culpepper of Mitchell Hill of Clarke

Hodges Jackson Jones of Brantley Keel Larsen Leonard Moore of Taliaferro

1422

JouRNAL oF THE HousE,

Mundy Palmour Peebles Perry
Pirkle

Pound
Rees
Sartain Saunders Smith of Muscogee

Tapp
Taunton Turner Wages Mr. Speaker

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 162, the nays 7.

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

The following bill of the Senate was taken up for the purpose of considering the Senate disagreement to the House amendments thereto:

By Senators Purdom of the 46th District and Lindsay of the 34th District-

Senate Bill No. 49. A bill to be entitled an Act to change the name of the Prison Commission to "The State Prison and Parole Commission," and for other purposes.

Mr. Sutton of Wilkes moved that the House insist on the House amendments to Senate Bill No. 49 and that a Committee of Conference be appointed on the part of the House to confer with a like committee to be appointed on the part of the Senate, and the motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House, the following members, to-wit:

Messrs. Parker of Colquitt,

Bennett of Ware, and

Smith of Henry.

Mr. Grayson of Chatham moved that the House agree to the Senate substitute to the following bill of the House:

By Mr. Thomas of Chattooga-

House Bill No. 196. A bill to be entitled an Act to be known as the "Alcoholic Beverage Control Act," and for other purposes.

TuESDAY, FEBRUARY 1, 1938.

1423

The following Senate substitute to House Bill No. 196 was read:
By the Senate:
A BILL
To be entitled an Act to be known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors"; to provide for the taxation, legalization, control, manufacture, importation, distribution, sale and storage of alcoholic beverages and liquors, and to amend the present laws of Georgia in reference to same; to provide the method and manner of collecting said taxes; to authorize the Revenue Commissioner to make rules and regulations for the collecting of said taxes and for the legalizing and controlling of the manufacture, sale and distribution of alcoholic beverages and liquors; to provide that this Act may be placed in operation in any county by a local option referendum in said county; to authorize counties and municipalities to levy license fees upon manufacturers, dealers and distributors in alcoholic beverages and liquors and to exercise police powers in the regulation thereof; to provide a separability clause; to provide for the enforcement of this Act; to provide for repeal of laws in conflict herewith; to prohibit the manufacture, sale or shipment of alcoholic beverages and liquors described in this Act into counties failing to adopt local option; to provide for the confiscation of all alcoholic beverages and liquors on which the taxes herein provided for have not been paid and the vehicles used in transporting same; to provide the method and manner of issuing licenses to manufacturers, dealers and distributors of intoxicating beverages and liquors; to provide penalties and punishment for the violation of the terms of this Act; to provide certain exceptions to the provisions of this Act; to prohibit certain forms of display and advertisement of spirituous liquors; to define the term "liquor" and other definitions coming under the terms of this Act; and for other purposes.
Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same.
Section 1. This Act shall be known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors."

1424

JouRNAL OF THE HousE,

Sec. 2. That on and after the passage of this Act the official Code of Georgia, Title 58, be and the same is hereby amended, by adding a new Section 58-124 which shall read as follows:
"58-124. The limitations and restrictions of this Chapter shall not apply to those counties in which a majority of those voting at an election held for the purpose vote in favor of the taxing and legalizing and controlling of alcoholic beverages and liquors as may be provided by the General Assembly."
Sec. 3. That on and after the passage of this Act the Code of Georgia of 1933, Title 58, be, and the same is hereby, amended by adding a new Section 58-305 which shall read as follows:
"58-305. Provided that nothing in Chapter 58-1, 58-2, and 58-3 of this Code shall apply in those counties in which a majority of those voting at an election held for the purpose vote in favor of the taxing and legalizing and controlling of alcoholic beverages and liquors as provided in this Act."
Sec. 4. The license hereinafter provided for and the tax levied on the manufacture, sale and distribution of distilled spirits and alcohol as authorized by this Act is hereby authorized only in those counties in which a majority of those voting at an election to be held for the purpose, vote in favor of taxing and controlling alcoholic beverages and liquors as hereinafter provided for. Upon a petition signed by at least thirty-five per cent (35%) of the registered voters qualified to vote at the general election immediately preceding the presentation of the petition, being filed with the Ordinary of any county, he shall call a special election to be held within thirty days from the filing of this petition and shall publish the notice of the call of the election in the official gazette of the county once a week for two weeks preceding the election. At such special election there shall be submitted to the voters of the county who are qualified to vote for members of the General Assembly the question of whether the manufacture, sale and distribution of alcoholic beverages and liquors in the county shall be permitted or prohibited. Such election shall be held according 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 (primary or general) in said county. The returns of the election held

TuESDAY, FEBRUARY 1, 1938.

1425

hereunder shall be made within three days after the election to the Ordinary who shall ascertain and immediately declare the result after the receipt of the returns. Those voting in said election for this Act to be put in force shall have printed or written on their ballots the words, "For Taxing and Legalizing and Controlling Alcoholic Beverages and Liquors." Those voting against said Act being put into effect in said county shall have printed or written on their ballots the words, "Against Taxing and Legalizing and Controlling Alcoholic Beverages and Liquors." If at such election a majority of the votes cast shall be in favor of taxing and controlling alcoholic beverages and liquors, the manufacture, possession, distribution and sale of such alcoholic beverages and liquors in such county shall be permitted in accordance with the provisions of this Act at the expiration of fifteen days from the declaration of the result. If at such election a majority of the votes cast shall be against the taxing and legalizing and con trolling of alcoholic beverages and liquors, the manufacture, distribution and sale of same in such county shall be prohibited as is now provided by law. No Ordinary shall call, nor shall any election provided for herein, be held within two years after the date of the declaration of the result by the Ordinary of the previous election for such purpose under this Act.
Sec. 5. (a) The words "Spirituous Liquors," or "Distilled Spirits," mean any alcoholic beverage containing alcohol obtained by distillation, mixed with water or other substance in solution, and includes brandy, rum, whiskey, gin, cordials, or other spirituous liquors by whatever name called, to include fortified wines as defined by Federal Alcohol Administration, but nothing in this Act shall prohibit the sale of wines from natural fermentation of fruits, berries and other products.
(b) The word "Alcohol" means the product of distillation of any liquid, whether rectified or dilated, whatever may be the origin thereof, and shall include synthetic ethyl alcohol.
(c) The word "Person" means and includes any individual, partnership, corporation, or association.
(d) The word "Manufacturer" means any person, firm or

1426

JOURNAL OF THE HousE,

corporation engaged in manufacturing, distilling or rectifying or blending any alcoholic beverage, distilled spirits or alcohol.
(e) The word "Wholesaler" or "Wholesale Distributor" means any person, firm or corporation engaged in distribution or selling to retailers for the purpose of resale any of the distilled spirits or alcohol as defined in this Act.
(f) The words "Retailer," or "Retail Distributor," mean any person, firm, or corporation engaged in selling at retail any distilled spirits or alcohol for beverage purposes in unbroken packages.

Sec. 6. This Act shall be administered by the State Revenue Commissioner of Georgia. No employee of said Commission shall, directly or indirectly, have any interest, whatsoever, in manufacturing, selling, transporting, distributing, storing, or otherwise dealing in alcoholic beverages, except in the performance of his official duties.

Sec. 7. The State Revenue Commissioner of Georgia shall furnish warehouses or storage places in any county or counties wherein the sale of distilled spirits is legalized throughout the State as in his discretion he deems expedient for the purpose of furnishing ample storage space for the products of all manufacturers or distillers. The State Revenue Commissioner shall charge a rental on each square foot of floor space at a rate to be determined by the State Revenue Commissioner which rate shall apply at the same rate per square foot for all manufacturers or distillers. The distilled spirits so stored in said State Warehouses shall be taxed and the stamp provided for herein affixed before any of said distilled spirits shall be permitted to be taken from said warehouses.

The State Revenue Commissioner is hereby authorized and empowered to lease suitable storage places for the conducting of said warehouse business and shall operate and supervise said warehouses with State employees who shall be charged with the collection of the State tax herein provided and the rental accruing from such storage place. Said State employees having charge of collecting said tax or distributing said liquors shall

TuESDAY, FEBRUARY 1, 1938.

1427

give surety bond in the sum of Ten Thousand ($10,000.00) Dollars, each premium of said bond to be paid by the State.
Said State Warehouses shall neither deliver nor consign nor permit to be delivered or to be consigned any of the spirituous liquors stored therein to any person, firm, or corporation other than a legally licensed and qualified dealer as defined under the terms of this Act.
It shall be unlawful for any person, firm, or corporation either as an individual, wholesaler, or retailer to accept delivery or shipment of spirituous liquors intended for sale except through said State Warehouses and upon conviction in a court of competent jurisdiction shall upon an accusation or an indictment charging such illegal acceptance be punished as for a misdemeanor.
It shall constitute a misdemeanor for any private, contract, or common carrier to transport any alcoholic beverages or liquors intended for sale in this State except for delivery to a State Warehouse provided for in this Section, unless the tax on said alcoholic beverages or liquors has been paid and the evidence thereof attached to the container as provided herein. Any vehicle so used with the knowledge and consent of its owner shall be subject to confiscation upon declaration being filed for the purpose by any Solicitor of any City Court, or Solicitor General, in this State, having jurisdiction thereof, under the rules of law now governing the confiscation and condemnation of vehicles used in transporting liquors. Provided, however, it shall be lawful for bona fide claimants of such vehicles to file claim and replevy such property pending condemnation proceedings.
Sec. 8. The State Revenue Commissioner shall have the following powers and duties:
(a) To try any of its employees and to dismiss them as provided for in Section 6, if found guilty.
(b) To issue licenses provided for in this Act and to decline to issue any license to any person or corporation who in his reasonable discretion are not proper persons to have such permits. Any person, firm or corporation who after securing a permit as provided in this Act shall be convicted in a court of competent

1428

JouRNAL OF THE HousE,

jurisdiction of selling or serving spirituous liquors on the premises in unbroken packages of any size shall immediately have their license revoked and it shall be mandatory on said State Revenue Commissioner to revoke said license.
(c) To revoke or cancel for cause after hearing any license issued by him under authority of this Act.
(d) To provide forms for application for licenses and of all reports which he deems necessary in administering the same.
(e) To fix standards not in conflict with those prescribed by the laws of this State and of the United States.
(f) To issue rules and regulations governing all advertising of distilled spirits within this State.
(g) To issue rules and regulations not inconsistent with the Federal laws or regulations requiring informative labeling of all distilled spirits offered for sale hereunder.
(h) To adopt and promulgate, repeal and amend such rules, regulations, standards, requirements and orders not inconsistent with this Act or any law of this State or of the United States as he may deem necessary to control the manufacture, sale, distribution, storage, or transportation of distilled spirits and alcohol in accordance with the provisions of this Act, and the conditions under which same may be withdrawn from said warehouses and distributed.
(i) The State Revenue Commissioner shall on the first day of January of each and every year after this Act goes into effect, prepare a detailed report of its operation, which shall be submitted to the Governor of this State; and also to each member of the. General Assembly upon the convening thereof in regular sesswn.
(j) Agents and inspectors appointed by the State Revenue Commissioner for the enforcement of this Act are hereby empowered and authorized to enter upon the premises of any person engaged in the manufacture, sale, distribution, storage or transportation of alcoholic beverages and liquors at any time for the purpose of inspecting said premises and shall have access during such inspection to all books, records and supplies relating to the

TuESDAY, FEBRUARY 1, 1938.

1429

manufacture, sale, distribution, storage and transportation of alcoholic beverages and liquors.
(k) It is hereby made the duty of the Revenue Commissioner to revoke or cancel any license issued to any manufacturer, wholesaler, wholesale distributor, retailer or retail distributor for any wilful violation of any of the provisions of this Act or for the wilful violation of any rule promulgated by the Revenue Commissioner under the terms and provisions of this Act, and after revocation or cancellation, there shall be no renewal or reissuance of said license for a period of two years from the date of revocation or cancellation.
Sec. 9. Licenses which may be issued under authority of this Act shall be as follows:
(a) Manufacturers: A Manufacturer's license shall authorize the holder thereof to operate a distiller for the production of alcohol or distilled spirits at the premises designated in the license. Such license shall authorize the sale of distilled spirits or alcohol in bulk to other distillers or rectifiers and shall require that sales to holders of Wholesaler licenses shall be in sealed containers. The annual fee for this license shall be One Thousand ($1,000.00) Dollars, which sum may be reduced to one-half for a license issued on and after August 1st of each year. Said licenses shall be obtained each year on or before the first day of January.
(b) Wholesalers: A Wholesaler's license shall authorize the holder to engage in the sale of distilled spirits at wholesale, by selling to the holder of a Wholesale license or to the holder of a Retail license for the purpose of resale. Said license fee shall be One Thousand Dollars ($1,000.00) annually. Said licenses shall be renewed annually on or before the first day of January.
(c) Retailers: A Retailer's license shall authorize the holder to sell only in the original and unbroken package or packages, which package or packages shall contain not less than one-half pint of distilled spirits or alcoholic beverages each, and shall not permit the breaking of said package or packages on the premises where sold, and shall not permit the drinking of the contents of said package or packages on the premises where sold. It shall be unlawful for any Retailer as defined in this Act to allow or

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permit the breaking of said package or packages on the premises where sold or to allow or permit the drinking of the contents of said package or packages on the premises where sold and any violation thereof shall be a misdemeanor and the offender thereof shall be guilty of a misdemeanor, and upon conviction, be punished as for a misdemeanor.
All persons holding licenses under this Act shall display the same prominently at all times on the premises for which same was issued.
Nothing in this Act shall be construed as preventing any municipality or county from adopting all reasonable rules and regulations as may fall within the police powers of such municipalities or counties to regulate any business provided for in this Act. All municipal and county authorities issuing licenses shall within their respective jurisdiction have authority to determine the location of any distillery, wholesale business, or retail business licensed by them. Provided, however, no business licensed under this Act shall be operated within one hundred yards of any church, and 200 yards of a school-ground or college campus, except hotels of fifty (50) rooms or more, which have been in continuous operation for a period of at least five years immediately preceding the passage of this Act. The restrictions as to location herein contained shall not apply to private social clubs, owning their own homes, which have been chartered and in continuous operation for a period of 25 years prior to the passage of this Act. The school-grounds or college campuses referred to in this paragraph shall apply only to State, County, City or Church school campuses and to such other schools as teach the subjects commonly taught in the common schools and colleges of this State.
One Hundred Dollars ($100.00) shall be the annual fee for a State Retailer's license. Said retailer's license shall be obtained annually on or before the first day of January of each year.
(d) No license shall be granted by the Revenue Commissioner until the applicant has exhibited a license granted by the municipality, if the place of business to be conducted is within the corporate limits of a municipality, or by the governing authorities of the county where the place of business to be conducted

TuESDAY, FEBRUARY 1, 1938.

1431

is located, if such place of business is outside the corporate limits of a town or city, and the local authority issuing this license shall have full authority to pass on the character, reliability and other qualities of fitness before issuing such license. The annual licenses to be charged by a municipality or county shall not be less than One Thousand Dollars ($1,000.00) for manufacturers, Five Hundred Dollars ($500.00) for wholesalers, and Two Hundred and Fifty ($250.00) for retailers, and nothing in this bill shall restrict the maximum amount to be charged or levied by counties or municipalities for licenses issued or granted to wholesalers, manufacturers or retailers as defined in this Act. It is the purpose and intent of this paragraph to place no' maximum limit or maximum amount that can be charged by municipalities or counties and if any county or municipality now have a charter provision limiting the amount of license that can be charged upon any business such limitation shall not apply to licenses issued or granted under this Act.
(e) All persons holding licenses under this Act shall display the same prominently at all times on the premises for which same was issued.
(f) Said Revenue Commissioner is hereby authorized to issue to growers of peaches, apples, pears, grapes and other perishable fruits grown in Georgia a license authorizing such growers to manufacture and distill liquors defined by this Act from such perishable fruits grown in this State for which permit said growers shall pay to the Revenue Commissioner an annual license fee of Five Hundred Dollars ($500.00). Provided, that any such liquors distilled or manufactured in any county where the liquors herein named are not to be sold under the terms of this Act, such licensee shall immediately store such liquors in a warehouse, or warehouses, designated by said Revenue Commissioner to be sold or disposed of under the supervision of said Commissioner in States or Counties permitting the legal sale thereof. And provided further that it shall be unlawful for such licensee to sell or dispose of any such liquors in any county or counties wherein the sale of such liquors are forbidden by the terms of this Act, or to sell to any one not holding a wholesale or retail license granted under the terms of this Act. Provided, however, that no manufacturers license shall be issued

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for the manufacture of distilled spirits in any county of this State that has not voted in favor of the taxation and control of alcoholic beverages and liquors as herein provided.
(g) All licenses or license fees referred to in this Section, shall be payable in advance. No licenses issued under the provisions of this Act shall be transferable without consent of Revenue Commissioner.
Sec. 9a. (a) No person holding a license to deal in spirituous liquors as is herein defined shall display in any show window or other place visible from without said licensee's place of business any advertisement or information of the price or prices of any such spirituous liquors.
(b) No person holding a license to deal in spirituous liquors as is herein defined shall display in any show window or other place visible from without said licensee's place of business any empty bottle or other empty container resembling or simulating the bottle or container in which such spirituous liquors are sold.
Any person, firm or corporation violating any of the provisions of paragraph "a" or "b" in this section shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor.
Sec. 9b. In any county in this State where the provisions of this Act do not permit the sale of intoxicating liquors, as well as in the counties where such sales are permitted by this Act, it shall be the duty of the respective Grand Juries to investigate at their regular or special sessions, the violation of the laws of this State prohibiting the illegal sale of intoxicating liquors and to further investigate the conduct of the Sheriffs of said counties in enforcing the laws of this State relating to intoxicating liquors. In the event of any Grand Jury making a finding or presentment that the Sheriff of such county has knowingly failed or grossly neglected to enforce the laws of this State relating to the sale of intoxicating liquors, a certified copy of such finding or presentment shall be forwarded to the Governor, and it shall thereupon be his duty to remove said Sheriff from office, if after a public hearing he finds such facts to be true.

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Sec. 10. Before any license is granted, applicant must file with the Revenue Commissioner corporate surety bond in a surety company licensed to do business in the State of Georgia, conditioned to pay all taxes due the State of Georgia, in amounts as follows:
Distillers-Ten Thousand ($10,000.00) Dollars; WholesalersFive Thousand ($5,000.00) Dollars; Retailers-Twenty-five Hundred ($2500.00) Dollars; said bonds to be approved by the Revenue Commissioner and shall be executed on forms as may be prescribed by said Commissioner.
Said bonds shall be of form prescribed by the State Revenue Commissioner and shall be conditioned, among other things, that the applicant when granted a license to sell distilled spirits and alcohol, shall pay all sums due the State and comply with all the rules and regulations governing the sale of distilled spirits or alcohol, and such other conditions as the State Revenue Commission may require in his rules and regulations.
Sec. 11. There shall be levied and collected on all distilled spirits imported into the State of Georgia a tax of One Dollar ($1.00) per wine gallon, and on all alcohol imported into the State of Georgia a tax of Two Dollars ($2.00) per wine gallon, and a proportionate tax at like rates on all fractional parts of a gallon. There shall be levied and collected on all distilled spirits manufactured in the State of Georgia from Georgia grown products, a tax of Fifty Cents ($0.50) per wine gallon, and on all alcohol manufactured in the State of Georgia not from Georgia grown products, a tax of One Dollar ($1.00) per wine gallon, and a proportionate tax at like rates on all fractional parts of a gallon. It is provided by the terms of this Act that every person or common or contract carrier transporting distilled spirits, liquors, and wines into the State of Georgia to immediately report same to State Revenue Commissioner, which report shall show the consignor and consignee, and quantity delivered and upon failure to comply with the terms herein said person or common or contract carrier its agents and employees shall be guilty of a misdemeanor and upon conviction thereof shall be so punished. On liquors exported beyond the limits of this State, there shall be a tax of fifteen (15) per wine gallon. Taxes shall

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be collected in the following manner: The State Revenue Commissioner shall prescribe suitable stamps in proper denominations denoting the payment of taxes imposed by this Act, and the tax provided shall be administered and collected by means of adhesive stamps lithographed with an intricate geometric design on safety paper or in a manner as may be prescribed by the Revenue Commissioner. Every manufacturer or wholesaler before shipment or delivery to a retailer shall affix or cause to be affixed to each bottle or container of distilled spirits a stamp indicating the payment of the proper amount of tax. Every manufacturer, distiller, or wholesaler, who may sell, ship or deliver to each other shall affix or cause to be affixed to each bottle or container of distilled spirits of liquors stamps indicating the payment of the proper amount of tax thereon. The State Revenue Commissioner may in his discretion replace mutilated stamps when fully satisfied that said stamps have not been used. The Revenue Commissioner shall be authorized in his discretion to permit importation of distilled spirits or alcohol into any county where the manufacture and sale of the same has been legalized, by permitting the same to be shipped to a state warehouse or warehouses and there stored without such payment of tax, provided for herein, but such rules and regulations shall provide for the collection of all taxes due on distilled spirits or alcohol as it is withdrawn from the State warehouse and the tax stamps affixed thereon.
(a) Each tax stamp upon being affixed to a bottle or other container of distilled spirits shall immediately be cancelled by the person engaged in said business by placing in ink across the face of said stamp in legible form the license number of said person.
(b) The re-use of any stamp indicating payment of tax shall be unlawful. The counterfeiting or forging of any stamp shall be unlawful and any person guilty of committing either of said Acts forbidden in this paragraph shall be guilty of forgery, and upon conviction be punished as for a forgery.
(c) The possession of any distilled spirits or alcohol by any person which does not bear the tax stamps provided for herein shall be unlawful, and such distilled spirits or alcohol shall be

TuESDAY, FEBRUARY 1, 1938.

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subject to seizure by any peace officer, or agent of the Revenue Commissioner, and the offender shall be guilty of a misdemeanor and upon conviction shall be punished as such.

(d) The sale or purchase of any distilled spirits or alcohol as defined in this Act by any person which does not bear the tax stamps provided for herein shall be unlawful, and the offender, buyer or seller, or both, shall be guilty of a misdemeanor and upon conviction shall be punished as such.

Sec. 12. Any wines or other beverages made by fermentation, to which there has been added distilled spirits, and where the alcoholic content is more than twenty-one (21%) per cent alcohol by volume, are hereby classed as liquor and their manufacture, sale and distribution are made subject to all the restrictions, penalties, and regulations as are imposed by this Act, on distilled spirits or alcohol, except taxes, but upon all such wines, under 14% by volume there shall be levied a tax of twenty-five (25) cents per wine gallon on such wines made exclusively from fruits, berries, grapes, and other products grown in Georgia, and on all such wines over 14% there shall be levied and collected a tax of fifty (50) per wine gallon where such wines are made from or contain ingredients made from products grown outside the State of Georgia.

Such wines as are described in this section are commonly known as "fortified wines" and nothing in this Act shall be construed to regulate the sale of such wines or wines made from natural fermentation of fruits, grapes, and berries containing an alcoholic content of not more than fourteen (14%) per cent alcohol by volume.

Sec. 13. The provisions of this Act shall not apply to ethyl alcohol intended for use and/or used for the following purposes:
(a) For scientific, chemical, mechanical, industrial, medicinal and culinary purposes.
(b) For use by those authorized to procure the same tax-free, as provided by the Act of Congress and regulations promulgated thereunder.

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(c) In the manufacture of denatured alcohol produced and used as provided by the Acts of Congress and regulations promulgated thereunder.
(d) In the manufacture of patented, patent, proprietary, medicinal, pharmaceutical, antiseptic, toilet, scientific, chemical, mechanical and industrial preparations or products, unfit for beverage purposes.
(e) In the manufacture of flavoring extracts and syrups, unfit for beverage purposes.
Sec. 14. Any person who shall sell or offer for sale any spirituous liquors as herein defined on Sundays or election days shall be guilty of a misdemeanor and upon conviction shall be punished as for a misdemeanor as provided in Section 27-2506 of the Code of 1933.
Sec. 15. Any person who by himself or another shall furnish or cause to be furnished or permit any person in his employ to furnish alcoholic, spirituous liquors, or beverages to any minor, to any person who is noticeably intoxicated, or to any habitual drunkard whose intemperate habits are known to such person, shall be guilty of a misdemeanor, and upon conviction, shall be punished as for a misdemeanor. That no female shall be allowed to work in any liquor store as hostess, bar maid or in any manner whatsoever.
Sec. 16. It shall be unlawful for any manufacturer, wholesaler, or retail distributor, or any person to ship or transport by any means whatsoever any of the distilled spirits or alcohol into any county, in which county the manufacture, distribution and sale of such distilled spirits or alcohol has not been authorized under the terms of this Act or its amendments; provided, however, nothing herein contained shall prevent any manufacturer, wholesale or retail distributor from shipping or transporting said liquors through such counties or municipalities where the destination of such liquors is beyond the limits of such county. Any person guilty of violating the provisions of this section shall be guilty of a misdemeanor, and upon conviction shall be punished as for a misdemeanor, and furthermore upon conviction shall have his license revoked by the Revenue Commissioner and no other

TuESDAY, FEBRUARY 1, 1938.

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license shall be issued to such person, firm or corporation within a period of 12 months from day same was revoked.
Sec. 17. That it shall be unlawful for any person, firm or corporation to sell, possess, conceal, store, convey any vinous, malt, or spirituous liquors or beverages whereon any tax or license fee is imposed by this Act, and upon which such tax or license fee has not been paid; and any peace officer or agent of the State Revenue Commissioner shall have the authority and it shall be his duty to declare contraband any distilled spirits or alcohol which does not bear the revenue stamps of the State of Georgia, or that is found without such stamp whether for sale or otherwise, in any county, in the State of Georgia where the sale of such distilled spirits and alcohol is not authorized under the terms of this Act or its amendments; all contraband liquors, distilled spirits or alcohol, seized as contraband, shall be immediately delivered to the State Revenue Commissioner, or persons designated by the Commission to receive the same, and by them either destroyed or sold at public sale, under such rules and regulations as the Commissioner shall hereafter adopt, and the proceeds of such sale retained by the Commissioner and paid over to the lawful authority to receive revenue from the sale of liquor; but nothing in this Act shall prohibit the other law enforcement agents and officers of this State from seizing and prosecuting persons illegally possessing or selling distilled spirits and alcohol in counties in the State of Georgia where the sale of same has not been authorized by this Act or its amendments. The authority to seize as contraband distilled spirits and alcohol as set out herein, shall extend to counties where the sale and possession of the same is made legal by this Act or any of its amendments where such liquors, distilled spirits or alcohol are sold contrary to the provisions hereof or found in possession of any person, firm, or corporation, and not bearing the prescribed stamps showing taxes paid thereon in the State of Georgia.
The Revenue Commissioner, or his agents, are also authorized, and it shall be their duty to secure warrants or other form of criminal process against all offenders in counties where the sale of distilled spirits and alcohol is not authorized under the terms of this Act, and in counties where the sale of distilled spirits and alcohol is authorized under the terms of this Act but where the

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same is being sold contrary to the provisions hereof, and the Revenue Commissioner, or his agents, are authorized, and it shall be their duty to prosecute such offenders.
Sec. 18. It shall be unlawful for any person, firm or corporation, to distill, manufacture, or make any distilled spirits, alcohol, or mixed liquors or beverages any part of which is a product of distillation, 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. 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 officers setzmg same.
Sec. 19. Nothing in this Act contained shall be construed as giving any persons a right to sell spirituous liquors as herein defined, but the manufacture, sale and distribution of spirituous liquors is declared to be a privilege in this State and not a right.

Sec. 20. Whoever violates any of the provisions of this Act for which no specific penalty is provided, or any of the rules and regulations issued under authority of this Act, and in accord with the provisions of this Act, shall be guilty of a misdemeanor, and upon conviction, shall be punished as for a misdemeanor as provided in Section 27-2506 of the Civil Code of 1933.

Sec. 21. Whoever sells or gives away to induce trade or for the purpose of evading the provisions of this Act, furnishes or provides any spirituous, distilled liquors, or intoxicating liquors and alcoholic beverages such as are dealt with in this Act, other than in accordance with the provisions of this Act and the rules and regulations promulgated under the same, shall be guilty of a misdemeanor, and upon conviction shall be punished as for a misdemeanor as provided in Section 27-2506 of the Civil Code of 1933.

Sec. 22. There shall be no exception from the permit fees, license fees, and/or tax as provided by this Act in favor of any person whatsoever.

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Sec. 23. Be it further enacted that each and every provision and section of this Act is hereby separately enacted and should any provision of this Act be held invalid, no other provision sha11 be affected hereby, and the remaining provisions shall continue in full force and effect.
Sec. 23B. That from and after the passage of this Act it shall not be unlawful for any person to have and possess for use and not for sale, in any county of the State one quart of the liquors and beverages described in this Act which may have been purchased by the person for use and consumption from a lawful and authorized retailer and properly stamped, and this Section shall be construed to repeal any and all laws in conflict with. this section and Act as herein expressed.
Sec. 24. Be it further enacted by the authority aforesaid, that no retail license or stamps shall be sold to any applicant or person, unless an application is filed accompanied by a certificate by the Ordinary of the county of such applicant's residence, certifying that said applicant has been a bona fide resident of said county for at least twelve months immediately preceding such application and no stamps or retail license shall be sold to any pe"rson who has not been a resident of this State for the last twelve months immediately preceding such sale, or a county in which liquor may be legally sold under this Act. It is the purpose and intention of this section to prevent the sale of liquor in any county other than those counties in which liquor may be legally sold under this Act.
Sec. 25. Be it further enacted by the authority aforesaid, that no member of the General Assembly shall be eligible for employment under any office or job created by this Act during the term of office for which he is elected; and this provision shall apply to legislators elected in the future as well as those now elected.

Sec. 26. No alcoholic beverages shall be sold by any licensee under this Act that does not fully meet all Federal requirements as to the quality or purity, as represented by the label, or does not meet such standards as may be adopted by the proper State Agency enforcing this Act.

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Sec. 27. Any persort found in possession or control of more than one quart of spirituous, vinous or alcoholic liquor, in any county of this State (except such counties in which liquor may be legally sold or transported under the terms of this Act) shall be guilty of a misdemeanor, and upon conviction, punishable as in cases of misdemeanors. The fact that such person may have a license or liquor stamps shall be no defense in such prosecutions, where said liquor is carried into a county to which the terms of this Act do not apply, and wherein liquor is not legalized under the terms of this Act.
It is the purpose and intent of this section to maintain the present prohibition law against liquor and alcoholic beverages in those counties of this State not specially exempted from the provisions of the prohibition law under this Act; and to provide for the trial and conviction of persons guilty of selling or possessing such liquor in such counties, as is now provided by law unless exception is made herein, prior to the passage of this Act; and it is for the purpose and intent of this section to provide that the prohibition law is not repealed in Georgia, except in the counties which have by a majority vote voted this Act into operation.
Sec. 28. It shall be unlawful to sell any liquor in any of the counties specified by this Act between the hours of 12:00 o'clock, midnight, on Saturday night, until the hour of 12:00 o'clock, midnight, on Sunday night, at any time and at any time on election days.
It is the purpose and intent of this section to prevent the sale of liquor on Sunday and election days, and any violation of same shall be a misdemeanor, by the buyer and/or the seller.
Sec. 29. Any retail licensee wilfully and knowingly selling more than two quarts per day to any purchaser shall be guilty of a misdemeanor and shall be punished as for a misdemeanor, and in addition thereto shall be subject to the other penalties coming under the jurisdiction of the Revenue Commissioner, such as suspension and revocation of license and forfeiture of bond. Every retail licensee shall keep a register or book which shows the signature of every purchaser, and the quantity purchased.

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Sec. 30. Prosecution for violation of the terms of this Act may be had upon accusation filed by the Solicitor of any criminal court, and it shall not be a condition precedent to such prosecution that the defendant has been indicted by Grand Jury.
Sec. 31. All laws and parts of laws in conflict with the provisions of this ACt are hereby repealed.
Mr. Hand of Mitchell moved the previous question, the call was sustained, and the main question ordered.
An amendment offered by Mr. Evans of McDuffie was read and lost.
An amendment offered by Mr. Evans of McDuffie was read and lost.
An amendment offered by Mr. Zellner of Monroe was read and lost.
An amendment offered by Mr. Adams of Franklin was read and lost.
The following substitute to the Senate substitute to House Bill No. 196 was offered and considered:
By Mr. Lanham of Floyd-
THE ALCOHOLIC BEVERAGE CONTROL ACT
An Act to legalize, regulate and control the manufacture, sale, distribution, transportation, handling, possession, dispensing, drinking and use of alcohol, brandy, rum, whiskey, gin, spirits, and all liquids containing alcohol obtained by distillation, fermentation or otherwise, except wine and beer; to create a Department of Alcoholic Beverage Control and a Georgia Alcoholic Beverage Control Board and to define and provide for the functions, duties and powers thereof; to provide for the appointment, suspension, removal, compensation, costs and expenses of such Board and its members, officers, agents and employees; to provide for licensing and taxing manufacturers, wholesalers and retailers of alcohol, brandy, rum, whiskey, gin and spirits, and all liquids and articles containing alcohol, except wine and beer, by the State, cities and towns thereof; to appropriate money for the administration of the Act and to

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provide for the disposition of revenues collected under the Act; to provide for the issuance of warrants for searches and seizures; to provide for the confiscation and disposition of articles declared contraband hereunder; to impose penalties for violations of this Act; to repeal all laws and parts of laws in conflict herewith, and to provide that this Act shall constitute, be designated and cited as "The Alcoholic Beverage Control Act"; and for other purposes.

Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the effective date of this Act, the business of manufacturing, transporting, distributing, selling, handling, possessing, dispensing, drinking, using and otherwise dealing in alcohol, brandy, rum, whiskey, gin, spirits and all liquids containing alcohol obtained by distillation, fermentation or otherwise, as hereinafter defined, except wine and beer, is hereby made a privilege under the laws of this State, and there are hereby imposed certain restrictions and licenses as hereinafter specified, to be paid for the exercise of such privilege.

Sec. 2. Title of Act:-Be it further enacted by the authority aforesaid, that this Act shall be known, designated and cited as "The Alcoholic Beverage Control Act."
Sec. 3. Definitions:-The following terms, wherever used or referred to in this Act shall have the following meaning, unless a different meaning clearly appears from the context:

(a) "Alcohol" shall mean the product known as ethyl or grain alcohol obtained by distillation of any fermented liquor, rectified either once or oftener, whatever may be the origin thereof, and shall include synthetic ethyl alcohol, but shall not include methyl alcohol and alcohol completely denatured in accordance with formulas approved by the Government of the United States.
(b) "Alcoholic beverages" shall include alcohol, brandy, rum, whiskey, gin and spirits, and any one or more of such varieties, and every liquid or solid, patented or not, containing alcohol and/ or spirits, and capable of being consumed by a human being. This definition shall not include wine or beer.

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(c) "Board" shall mean the Georgia Alcoholic Beverage Control Board;
(d) "Boat" shall mean any craft plying the waters of this State, and used for the transportation of passengers, and which has a regular schedule.
(e) "Club" shall mean any non-profit corporation or association which is the owner, lessee or occupant of an establishment operated solely for objects of a national, social, patriotic, political or athletic nature, or the like, but not for the pecuniary gain, the advantages of which belong to all the member's; it also shall mean the establishment so operated;
(f) "Dentist'' shall mean any person duly authorized to practice dentistry pursuant to the laws of Georgia;
(g) "Dining car, club car or buffet car" shall mean any car forming a part of a passenger train, in which meals are served or luxuries and entertainment are provided for passengers.
(h) "Druggist" shall mean any person duly authorized to operate a pharmacy pursuant to the laws of the State;
(i) "Establishment" shall mean any place where alcoholic beverages of one or more varieties are manufactured, sold or used pursuant to the provisions of this Act;
(j) "Hotel" shall mean any duly licensed establishment, with ten or more bedrooms and provided with special space and accommodations where, for a valuable consideration, food is habitually furnished to persons, and which has dining room space of 400 square feet regularly set apart for the use of its guests and eight or more tables used regularly for serving meals;
(k) "Intoxicated": any person who has drunk enough alcoholic beverage to so affect his manner, disposition, speech, muscular movement, general appearance or behavior, as to be apparent to observation, shall be deemed to be intoxicated;
(l) "Manager" shall mean the appointee of the Board in charge of a State store;
(m) "Member of a club" shall mean a person who maintains
his membership in the said club by the payment of monthly~

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quarterly, or annual dues in the manner established by the rules and regulations thereof;
(n) "Package" shall mean any container, bottle, vessel or other receptacle used for holding alcoholic beverages;
(o) "Person" shall include an individual, partnership, association, or corporation;
(p) "Physician" shall mean any person duly authorized to practice medicine pursuant to the laws of the State;
(q) "Public Place" shall mean any place, building or conveyance to which the public has or is permitted to have access, and any highway, street, lane, park or place of public resort or amusement. This definition does not include hotel dining rooms, hotel tap rooms, restaurants, clubs as herein defined, dining, club and buffet cars or carriers of passengers for hire, or boats used for the carrying of passengers for hire.
(r) "Residence" shall mean any building or part of a building or tent where a person resides, but does not include any part of a building which part is not actually and exclusively used as a private residence, nor any part of a hotel or club other than a private guest room thereof;
(s) "Restaurant" means any establishment provided with at least 400 square feet of floorspace and eight or more tables regularly used for serving meals to the public for a valuable consideration.
(t) "Sale" and "sell" shall include exchange, barter and traffic, and any delivery made otherwise than gratuitously, by any means whatsoever, of alcoholic beverages; to solicit or receive an order for alcoholic beverages; to keep, offer or expose the same for sale; to peddle;
(u) "Spirits" shall mean any beverage which contains alcohol obtained by distillation mixed with drinkable water and other substances in solution, except wine and beer, and includes, among other things, brandy, rum, whiskey and gin; but shall not include any such liquors completely denatured in accordance with formulas approved by the United States Government, or some department thereof;

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(v) "State store" shall mean a store established by the Board under this Act, for the sale of alcoholic beverages, or any one or more varieties thereof;
(w) "Tap room" shall mean a room or rooms opening into the lobby of a hotel as herein defined, on the ground floor thereof and used for the purpose of dispensing alcoholic beverages to the public.
(x) "Veterinary" shall mean any person duly authorized to practice veterinary science pursuant to the laws of this State.
(y) "Wholesale druggist" shall mean any person duly authorized to manufacture, sell, deliver and ship drugs and medicines to others for the purpose of resale.
Sec. 4. Department of Alcoholic Beverage Control; Georgia Alcoholic Beverage Control Board created-
(a) 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;
(h) The Board shall consist of three members appointed by the Governor. One of the memhers of the Board shall he appointed for a term of 1 year, one for a term of 2 years, and one for a term of 4 years; subsequent appointments shall he for a term of 4 years each, except appointments to fill vacancies which shall he for the unexpired terms. 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.
(c) Each member of the Board shall receive a salary to he fixed by the Governor, and not to exceed the sum of $6,000.00 per annum;
(d) Members of the Board may he suspended or removed by the Governor at pleasure. Upon conviction of a member for a violation of any provision of this Act, he shall he removed from office by the Governor forthwith;

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(e) Each member of the Board shall, before entering upon the discharge of his duties, take and subscribe an oath to faithfully discharge the duties of his office, and shall give bond payable to the Treasurer of the State, in such sum as shall from time to time be fixed by the Governor, with some surety company duly authorized to do business in this State as surety. Such bond shall be approved by the Governor and shall be conditioned for the faithful discharge of his duties. The premium of such bonds shall be paid by the Board from any funds in its hands that may be available for that purpose, and the bond shall be filed with and preserved by the Treasurer of the State;
(f) Each member of the Board shall devote his full time to the performance of his official duties;
(g) No member, officer, agent or employee of the Board shall, directly or indirectly, individually, or as a member of a partnership, or of an association, or as a member of the board of directors, or a 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 in the purchase or sale of alcoholic beverages by the Board or by any other person, or have any interest in or mortgage or deed to secure debt 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.
(h) The main office of the Board shall be located in the City of Atlanta.
Sec. 5. Functions, duties and powers of Board.-The functions, duties and powers. of the Board shall be as follows:
(a) To buy, import and sell alcoholic beverages, and to have alcoholic beverages in its possession for sale;

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(b) To control the possession, sale, transportation and delivery of alcoholic beverages by the Board;
(c) To determine the localities within which State stores shall be established and operated, and the location of such stores;
(d) 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 issue permits, within its discretion, to distillers and manufacturers authorizing them to transport to and store alcoholic beverages in warehouses located in this State for sale in wholesale quantities to the Board upon its requisitions.
(e) To lease, occupy and improve any land or building required for the purposes of this Act;
(f) 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 convey the same by proper deed;
(g) 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 in to 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;
(h) 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.
(i) To appoint every officer, agent and employee required for its operations, dismiss them at will, 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 Treasurer of the State, in such form and in such amounts 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 $1,000.00 per annum shall first be approved by the Governor; members of the

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Board are hereby vested, and such officers, agents and employees of the Board as shall be designated by the Board shall upon being so designated be vested, with like power and authority to enforce the provisions of this Act and the criminal laws of the State as are now vested in sheriffs of counties and police of cities and towns;
(j) 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 conduct hearings, issue subpoenas and administer oaths and take testimony thereunder;
(k) To make a reasonable charge for preparing and furnishing statistical information and compilations to persons other than (first) officials, including court and police officials, of the State and of its subdivisions, if the information requested is for official use, and (second) persons who have a personal or legal interest in obtaining the information requested, if such information is not to be used for commercial or trade purposes;
(1) 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 the Act.
Sec. 6. Power to make regulations; how published; effect thereof.-
(a) The Board may from time to time make such reasonable regulations, not inconsistent with this Act, nor the general laws of the State, as the board shall deem necessary to carry out the purposes and provisions of this Act, and to prevent the illegal manufacture, sale, distribution and transportation of alcoholic beverages, or any one or more of such illegal acts, 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 have the force and effect of law. The Board shall certify to the clerks of all superior courts and other courts of record having criminal jurisdiction copies of all regulations adopted

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by the Board; such clerks shall keep on file for public inspection all such regulations certified to them by the Board;
(b) Nothing in this Act contained shall require such regulations to be uniform in their application;
(c) All courts shall take judicial notice of the regulations of the Board made, published and filed in accordance with the provisions of this Act.
Sec. 7. Civil liability of Board members; suits by and against Board.-
(a) No member of the Board may be sued civilly for doing or omitting to do any act in the performance of their duties as prescribed by this Act, except that he may be sued by the Treasurer of the State for a breach of his bond, and any such suit may be brought for the use of the State, or anyone aggrieved;
(b) Said Board is hereby made and constituted a Body Politic, with the right to sue and be sued. All suits against the Board shall be brought in the Superior Court of Fulton County, which Court shall have exclusive jurisdiction thereof.
Sec. 8. Annual report to Governor; what shall be contained therein.-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 the Governor a report for the twelve months ending on the 30th day of June in which year 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 result of the operations of the Board for the year;
Third. A statement showing the license fees and taxes collected under this Act during the year;
Fourth. General information and remarks as to the working of this Act within the State.

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Fifth. Such other information as shall be requested by the Governor.
(b) 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.
(c) The books and records of the Board shall at all times be subject to examination and audit by the Department of Audits and Accounts, or by such other persons as the Governor may designate.
Sec. 9. Records of Board; Department of Audits and Accounts to devise and install system of accounts.-
(a) The Board shall keep such complete and accurate records as shall be necessary to show:
First. All moneys received by the Board.
Second. All moneys paid into the treasury of the State by the Board, and all disbursements made pursuant to the order of the Board;
Third. The amount of moneys on hand;
Fourth. The kinds and amounts of alcoholic beverages on hand and the location thereof;
Fifth. All indebtedness and all contracts of the Board;
Sixth. The names, addresses, and compensation of all officers, agents and employees 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 leased and all real estate sold by the Board.
(b) The Department of Audits and Accounts shall devise and install a system of accounts for the Board.
Sec. 10. Board may establish, maintain and operate State stores for sale of alcoholic beverages:

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(a) The Board may establish, maintain and operate in such counties, cities and towns as shall be considered advisable by the Board, State stores for the sale of alcoholic beverages 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.
(b) The Board shall from time to time fix the prices at which the various classes, varieties and brands of alcoholic beverages shall be sold in such stores; wholesale and retail prices shall be uniform throughout the State, except that the difference in cost of operating stores may be reflected in the sale price of alcoholic beverages sold at such stores.
(c) The sale of alcoholic beverages at each State store shall be conducted by a Manager, and by such other officers, agents and employees as may be appointed hereunder, who shall, under the direction of 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 of such store and the sale of alcoholic beverages thereat.
(d) 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.
(e) No alcoholic beverages shall be consumed in a State store by any person.
(f) Not more than one gallon of alcohol or spirits shall be sold to any one person at any one time in any State store; this provision shall not limit the amount that may be sold by the Board in State stores or otherwise for industrial purposes, for manufacturing articles allowed to be manufactured under Section 22 of this Act, nor shall it limit the amount sold to persons holding retail licenses, wholesale druggist and druggists licensed under this Act.
(g) The Board may from time to time adopt regulations relating to the sale, delivery and shipment of alcoholic beverages, and alter, amend or repeal the same in order to prevent the unlawful sale and delivery thereof in and from State stores.
Sec. 11. Orders of Board for alcoholic beverages; authentication of orders and cancellations thereof.-

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(a) Every order of the Board for the purchase of alcoholic beverages shall be authenticated by the chairman of the Board or by a member of the Board authorized by the Board to authenticate such orders, and no order shall be binding unless so authenticated.
(b) A duplicate of every such order shall be kept on file in the office of the Board.
(c) All cancellations of orders made by the Board shall be authenticated in the same manner and a duplicate thereof kept as herein provided.
Sec. 12. When Board not required to purchase through the Supervisor of Purchases; printing of Board.-
(a) The provisions of law pertaining to the State Supervisor of Purchases and the purchasing of materials, equipment and supplies through the Supervisor of Purchases shall not apply to the purchasing of alcoholic beverages, the equivalent for furnishing State stores, the making of leases and purchasing of real estate by the Board under the provisions of this Act.
(b) All printing required by the Board shall be done through the Supervisor of Purchases and shall be paid for by the Board out of funds available for such purpose.
Sec. 13. When the State stores closed.-No sale or delivery of alcoholic beverages shall be made at any State store, nor shall any such store be kept open for the sale of alcoholic beverages:
(a) On Sunday.
(b) In any county, city or town on any day on which an election is held therein.
(c) Within one hundred yards of any church, school ground, or college campus.
(d) During such other periods and on such other days as the Board may direct.
Sec. 14. Accounts to be made quarterly and submitted to Governor; audit of accounts.-

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(a) The accounts of the Board shall be made up quarterly 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 of profit and loss and submit the same to the Governor.
(b) The Governor may require that the accounts of the Board be audited by the Department of Audits and Accounts, or by such other person as the Governor may designate, at such time or times as he may see fit.
Sec. 15. Net profits, after deducting reserve fund, to be transferred to general fund of State treasury.-The net profits derived under the provisions of this Act shall, after deducting therefrom such sums as may be allowed the Board by the Governor for the creation of a reserve fund not exceeding the sum of $1,000,000.00 in connection with the administration of this Act to provide for the depreciation on the buildings, plant and equipment owned, held or operated by the Board, be paid over to the State Treasurer quarterly, within forty days after the close of each quarter.
The term "net profits" as used in this section, shall mean the total of all monies collected by the Board, less all salaries and costs, and expenses incurred in establishing and maintaining State stores, the purchasing and/or manufacturing of alcoholic beverages as authorized by the provisions of this Act, other than capital expenditures for buildings, plants, and equipment. All such sums of money as may be paid into the treasury of the State is hereby specifically appropriated for the benefit of and shall be used for the support of the common schools.
Sec. 16. State licenses which Board may grant and issue.-
The Board may grant, subject to revocation as provided in Section 21-a of this Act, the following licenses under the provisions of this Act;
(a) Distillers' licenses, which shall authorize the licensees to manufacture alcohol, brandy, rum, whiskey and gin, and to sell and deliver or ship the same, in accordance with such regulations as the Board may adopt from time to time, in barrels, bottles or other closed containers, to the Board, and to persons outside of

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Georgia for resale outside of this State, 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.
(b) Wholesale druggist licenses to wholesale druggists, which licenses shall authorize the licensees to buy alcohol from the Board and to sell and deliver or ship the same in accordance with regulations of the Board and under its supervision, to druggists for the purpose of compounding and resale, and to persons duly authorized to operate pharmacies outside of Georgia for the purpose of compounding and resale beyond the limits of this State, 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.
i. Retail spirits licenses which shall be issued only to the following:
(1) "Clubs," as defined in this Act.
(2) "Restaurants," as defined in this Act.
(3) "Dining cars,"" Club cars," or" Buffet cars" as defined in this Act.
(4) "Boats," as defined in this Act.
(5) "Hotels," with dining room space and/or "tap-rooms," as defined in this Act.
Such licensees shall be authorized to sell alcoholic beverages by the drink, or by the package, provided no sale by the package of more than one gallon shall be made to any one customer at one time. Provided further, that "tap-rooms," licensed under provisions of this Act shall keep the entrance into the lobby of the hotel in which it is located open at all times during the hours in which sales of alcoholic beverages are being made to the public.
Sec. 17. Applications for licenses.-Every person applying for any license provided for under the provisions of this Act shall file his application on a form provided by the Board, signed by such person, stating the kind of license desired, the building, place or room where he proposes to engage in such business, the name of the city, town or municipality in which he proposes to

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conduct such business, the name under which such business will be conducted, and such other information as the Board may require. In all cases where a Club is applying for a license the application shall contain or have attached thereto a list of the names of all Club members.
Sec. 18. When Board may refuse to grant licenses; effect thereof.-
(a) The Board shall refuse to grant any license mentioned in this Act if it is of the opinion:
1st. That the applicant is not a suitable person to be so licensed; or
2nd. That the place to be occupied by the applicant is not a suitable place; or
3rd. That a sufficient number of licenses have already been issued; or
4th. That the license shall not be issued.
(b) The Board shall not refuse to grant any such license except upon a hearing held after ten days notice to the applicant of the time and place of such hearing, which notice shall contain a statement of the objections to granting such license, and shall be served on the applicant as other notices are served, or by sending the same to applicant by registered mail to his last known postoffice address. The applicant shall have the right to produce evidence in his behalf at the hearing and be represented by counsel.
(c) The Board shall not issue any license until the license tax required by Section 19 of this Act is paid to the Board.
(d) The action of the Board in granting or in refusing to grant any license under the provisions of this Act shall not be subject to review by any Court, nor shall any mandamus or injunction lie in such case.
Sec. 19. State License Tax or Registration Fees:
(a) The State license tax or registration fees to be paid under the provisions of this Act shall be as follows:

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1st. For each distiller's license, One Thousand Dollars per annum.
2nd. For each retail spirits license, ($100.00) One Hundred Dollars per annum.
3rd. For each wholesale druggist license, Fifty Dollars ($50.00) per annum.
Sec. 20. Separate license for each separate place of business; when transfer allowed; to be kept posted.-
(a) Each license issued by the Board under the provisions of this Act shall designate the place where the business of the licensee will be carried out. A separate license shall be required for each separate place of business.
(b) No such license shall be transferable from 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.
Sub-sections (a) and (c) hereof shall not apply to common carriers operating dining cars, buffet cars and club cars.
Sec. 21. When Board may suspend or revoke licenses.-
(a) The Board may suspend or revoke any licenses issued by it if it 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 should be revoked. (b) Before the Board may suspend or revoke any license issued under the provisions of this Act, at least ten days' notice of such proposed or contemplated action by the Board shall be

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given to the licensee affected. Such notice shall be in writing, shall contain a statement in detail of the grounds or reasons for such proposed or contemplated action of the Board, and shall be served on the licensee as other notices, or by sending the same to such licensee by registered mail to his last known postoffice address. The Board shall in 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 suspended or revoked. The licensee shall at such time and place have the right to produce evidence in his behalf and to be represented by counsel.
(c) The Board in suspending any license may impose as a condition precedent to the removal of such suspension, a requirement that the licensee pay the cost incurred by the Board in investigating the licensee and in holding the proceeding resulting in such suspension.
(d) The action of the Board in suspending or revoking any license pursuant to the provision of this section shall not be subject to review by any Court nor shall any mandamus or injunction lie in any such case.
(e) Alcoholic beverages owned and in possession, or owned or in possession, for sale, by or of any licensee at the time the license of any such person is suspended or revoked as herein provided, may be sold by such person to the Board at such price or prices and upon such terms as may be agreed upon by the Board and such person, or may, upon permits issued by the Board and upon such conditions as the Board may specify be sold to persons in Georgia licensed to sell such alcoholic beverages or may, upon permits issued by the Board, be sold 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.
Alcoholic beverages owned and in possession, or owned or in possession, for sale, by or of persons whose licenses have been terminated otherwise than by suspension or revocation may dispose of the same in accordance with the foregoing provisions of this section within such time as the Board, in its discretion, may deem proper under the circumstances, provided such period shall not be less than sixty days.

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All such alcoholic beverages owned by or in possession of any person whose license is suspended or revoked, as provided herein shall be disposed of by such person in accordance with the provisions of this section within a period of sixty days from the date of such suspension or revocation; all such alcoholic beverages owned by or in possession of any person whose license is terminated otherwise than by suspension or revocation, shall be disposed of by such person in accordance with the provisions of this section within the period allowed by the Board; all such alcoholic beverages owned by or remaining in the possession of any such person after the expiration of such period shall be deemed contraband and forfeited to the State in accordance with the provisions of Section 26 of this Act.
Sec. 22. Local Licenses.-
(a) In addition to the foregoing State license tax or registration fee 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 and/or sell, within said city or town, alcoholic beverages. The license which may be charged and collected by such cities and towns shall not exceed the following sums:
1st. For each distiller's license, One Thousand Dollars per annum.
2nd. For each retail spirits license, One Hundred Dollars per annum.
3rd. For each wholesale druggist license~ $25.00 per annum.
Provided, however, that no city or town shall levy a license tax on any "dining car," "club car" or "buffet car," or any "boat," duly licensed under this Act to sell alcoholic beverages at retail, whenever such "dining car," "club car" or "buffet car," or "boat" is being operated through said city or town as a common carrier of passengers.
Sec. 23.
Manufacture and sale of medicines, toilet and antiseptic prep-

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arations, flavoring extracts and canned heat permitted.-The provisions of this Act shall not be construed to prevent in any county, city or town, nor 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, of any medicine containing sufficient mediation 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, of any medicinal preparations manufactured in accordance with formulas prescribed by the United States Pharmacopoeia, 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 of 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;
(e) The Board may by regulations, which it may from time to time alter, amend or repeal, permit the manufacture, sale, delivery and shipment of "sterno," canned heats, and other similar substances, without requiring a license therefor.
Sec. 24. Sale of alcoholic beverages by druggists upon prescriptions.-Persons holding druggists' licenses 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.

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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 authorized agent thereof.
Sec. 25. Physicians, dentists, veterinarians, hospitals and sanatoriums permitted to administer alcoholic beverages.-
(a) A physician may administer alcoholic beverages to a bona fide 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 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 institution who is in need of the same, 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.
Sec. 26. What alcoholic beverages, materials and other articles are contraband; forfeited to the State.-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 this Act, and all vehicles, boats and conveyances of every kind used in the transportation of alcoholic beverages in violation of this Act shall be deemed contraband and shall be forfeited to the State.

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Sec. 27. Issuance of search warrants; where they may be executed and before whom returnable.-
(a) 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, any officer authorized by the laws of this State to issue warrants for the arrest of offenders against the penal laws, 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 search 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 judge of the superior, city or county court, or justice of the peace, or any municipal officer clothed by law with the powers of a justice of the peace within whose jurisdiction such automobile, boat, conveyance, vehicle, trunk, grip or other article of baggage, or any of them, were transported or attempted to be transported contrary to law.
Sec. 28. (a) Whenever any article, which under the provisions of this Act is declared contraband and required to be forfeited to the State, has been seized, with or without a warrant, by an officer charged with the enforcement of this Act, he shall produce the same, and the person in whose possession it was found, someone of the Judicial officers hereinafter named. If no person be found in possession of said articles the return shall so state and 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 upon the premises. If the seizure is made without a warrant, a notice of such seizure signed by the officer making the seizure, shall be posted in lieu of the warrant.

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(b) Upon the return of the warrant as provided in this section, the judge of the superior, city or county court or justice of the peace, or municipal officer clothed by law with the powers of a 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 kept, stored or possessed in violation of any of the provisions of this Act.
At such hearing if no claimant shall appear, the judge or other officer hearing the same, 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, or any municipal officer clothed by law with the powers of a justice of the peace, he shall forthwith certify the warrant and the articles seized along with the claim filed therein to any court having jurisdiction, which court shall docket the case. Thereupon the court shall hear and determine the validity of such claim.
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. 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. If the Board shall be of the opinion that any alcoholic beverages forfeited to the State and turned over to the Board in accordance with the provisions of this section, for any reason cannot be sold and should not be destroyed, it may give the same for medicinal purposes to institutions in this State sup-

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ported either in whole or in part by public funds, to supply the needs of such institutions for alcoholic beverages for such purposes. Provided that the State Health Department has issued a certificate stating that such institution has need for such alcoholic beverages, and provided that a record showing the amount issued in each case, to whom issued and the date when issued be made and kept in the office of the Department and in the office of said Board.
Sec. 28. Search of vehicles in which illegally acquired alcoholic beverages are being transported; or in which alcoholic beverages are being illegally transported; vehicles to be seized and forfeited; proceedings; disposition of alcoholic beverages; arrests.-
(a) Where any officer charged with the enforcement of the alcoholic beverage laws of this State shall have reason to believe that alcoholic beverages illegally acquired, or that alcoholic beverages being illegally transported, are, in any conveyance or vehicle of any kind, either on land or on water (except a conveyance or vehicle owned or operated by a railroad, express, sleeping or parlor car or steamboat company, other than barges, tugs or small craft), it shall be the duty of such officer to obtain a legal search warrant and search such conveyance or vehicle, and if such illegally acquired alcoholic beverages or alcoholic beverages being illegally transported in amounts in excess of one quart be found therein, he shall seize the same and shall also seize and take possession of such conveyance or vehicle and deliver the same and the alcoholic beverages so seized, to the sheriff of the county or one of his deputies, in which such seizure was made, taking his receipt therefor, in duplicate.
(b) The officer making such seizure shall also arrest all persons found in charge of such conveyance or vehicle and shall forthwith report in writing such seizure and arrest to the solicitor general of the superior court, the solicitor of the city court, or solicitor of the county court having jurisdiction in the county or city in which such seizure and arrest were made.
(c) If the conveyance so seized be a motor vehicle required by the motor vehicle laws of Georgia to be registered, such solicitor shall forthwith notify the State Revenue Commission by letter

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of such seizure and the motor number of the vehicle so seized, and the said Commission shall promptly certify to such solicitor the name and address of the person in whose name such vehicle is registered; and said Commission shall also forthwith notify such registered owner in writing of the reported seizure, and the county or city wherein such seizure was made.
The certificate of said Commission, concerning such registration shall be received in evidence in any proceeding, either civil or criminal, under any provision of this Act, in which such facts may be material to the issue involved.
(d) Within ten days after receiving notice of any such seizure, the solicitor shall file, in the name of the State, an information against the seized property in the Clerk's office of the court of record in the county wherein said seizure was made; should the solicitor for any reason fail to file such information within said time, the same may, at any time within twelve months thereafter, be filed by the Attorney General, and the proceedings thereon shall be the same as if it had been filed by the solicitor.
Such information shall allege the seizure, and set forth in general terms the grounds of forfeiture of the seized property, and shall pray that the same be condemned and sold and the proceeds disposed of according to law, and that all persons concerned or interested be cited to appear and show cause why said property should not be condemned and sold to enforce the forfeiture.
The owner of and all persons in any manner then indebted or liable for the purchase price of said property, and any person having a lien thereon, if they be known to the solicitor who files said information, shall be made parties defendant thereto, and shall be served with the notice hereinafter provided for in the manner provided by law for serving a notice, at least ten days before the day therein specified for the hearing on said information, if they be residents of this State, and if they be unknown or non-residents, or cannot with reasonable diligence be found in this State, they shall be deemed sufficiently served by publication of said notice once a week for two successive weeks, in some newspaper published in such county, or if none be published therein, then in some newspaper having general circulation there-

TuESDAY, FEBRUARY 1, 1938.

1465

in and shall send a notice by registered mail of such seizure to the last known address of the owner of such conveyance or vehicle.
(e) If the owner or lienor of the seized property shall desire to obtain possession thereof before the hearing on the information filed against the same, such property shall be appraised by the sheriff of the county where such information is filed.
The sheriff of the county in which the trial court is located shall promptly inspect and appraise said property, under oath, at its fair cash value, and forthwith make return thereof in writing, to the clerk's office of the court in which the proceedings are pending, upon the return of which the said owner or lienor may give a forthcoming bond, payable to the State, in an amount equal to double the appraised value of the vehicle, with security to be approved by the clerk. Upon the giving of the said bond, the said property shall be delivered to said owner or lienor.
(f) Any person claiming to be the owner of such seized property, or to hold a lien thereon, may appear at any time before final judgment of the trial court, and be made a party defendant to the information so filed, which appearance shall be by answer, under oath, in which shall be clearly set forth the nature of such defendant's claim, whether as owner or as lienor, and if as owner, the right or title by which he claims to be such owner, and if lienor, the amount and character of his lien, and the evidence thereof; and in either case, such owner shall set forth fully any reason or cause which such defendant may have to show against the forfeiture of said property.
(g) If such claimant shall deny that illegally acquired alcoholic beverages or alcoholic beverages being illegally transported in amounts in excess of one quart in such conveyance or vehicle at the time of the seizure thereof, and shall demand a trial by jury of the issue thus made, the court shall, under proper instructions, submit the same to a jury empaneled as prescribed by law, and if such jury shall find on said issue in favor of such claimant, or if the court trying such issue without a jury shall so find, the judgment of the court shall be to entirely relieve said property from forfeiture, and no costs shall be taxed against such claimant.

1466

JouRNAL oF THE HousE,

(h) If, on the other hand, the jury, or court trying the issue
without a jury, shall find against the claimant, or if it be admitted by the claimant that said conveyance or vehicle at the time of seizure contained illegally acquired alcoholic beverages or alcoholic beverages being illegally transported in amounts in excess of one quart, nevertheless, if it shall appear to the satisfaction of the court that such claimant, if he claims to be the owner, was the actual bona fide owner of said conveyance or vehicle at the time of the seizure, that he was ignorant of such illegal use thereof, and that such illegal use was without his connivance or consent, express or implied, and that such innocent owner has perfected his title to the conveyance or vehicle, if it be a motor vehicle, the court shall relieve said conveyance or vehicle from forfeiture and restore it to the innocent owner, and the costs of the proceedings shall be paid by the State as now provided by law.
Where it is shown to the satisfaction of the court that the conveyance or vehicle for the forfeiture of which proceedings have been instituted was stolen from the person in possession, relief shall be granted the owner or lienor, either or both, and the cost of the proceedings shall be paid by the State as now provided by law.
(i) If any such claimant be a lienor, and if it shall appear to the satisfaction of the court that the owner of the conveyance or vehicle has perfected his title to the conveyance or vehicle if it be a motor vehicle, prior to its seizure, or within ten days from the time same was acquired, and that such lienor was ignorant of the fact that such conveyance or vehicle was being used for illegal purposes, when it was so seized, that such illegal use was without such lienor's connivance or consent, express or implied, and that he hold a bona fide lien on said property and had perfected the same in the manner prescribed by law prior to such seizure, the court shall, by an order entered of record establish said lien, upon satisfactory proof of the amount thereof; and if, in the same proceeding, it shall be determined that the owner of said seized property was himself in possession of the same, at the time it was seized, and that such illegal use was with his knowledge and consent, the forfeiture hereinbefore in this section declared, shall become final as to any and all interest and equity which the said owner, or any other person so illegally using the same, may have

TuESDAY, FEBRUARY 1, 1938.

1467

in such seized property, which forfeiture shall be entered of record. In the last mentioned event, if the lien established is equal or more than the value of the conveyance or vehicle, such conveyance or vehicle shall be delivered to the lienor, and the costs of the proceedings shall be paid by the State as now provided by law; if the lien is less than the value of the conveyance or vehicle, the lienor may have the said conveyance or vehicle delivered to him upon the payment of the difference; should the lienor not demand delivery as aforesaid, an order shall be made for the sale of said property by the sheriff of the county in the manner prescribed by law, out of the proceeds of which sale shall be paid, first, the lien, and second, the costs: and the residue, if any, shall be paid to the Board.
(j) If, however, no valid lien is established against the seized property, and upon the trial of the information, it shall be determined that the owner thereof was himself using the same, at the time of the seizure, and that such illegal use was with his knowledge or consent, the said property shall be completely forfeited to the State, and an order shall be made for the sale of said property by the sheriff of the county, in the manner prescribed by law. Out of the proceeds of such sale shall be paid the costs, and the residue shall be paid to the Board.
(k) In every case, the alcoholic beverages so seized shall be deemed contraband as provided in Section 26 of this Act and disposed of accordingly.
(1) In all cases, the actual expense incident to the custody of the seized property, and the expense incident to the sale thereof, including commissions, shall be taxed as costs.
(m) The provisions of this Act declaring what articles are contraband and subject to forfeiture to the State, do not apply to alcoholic beverages stored, kept, possessed or transported by permission of the Board or vehicles or conveyances used for the transportation of any such beverages.
Sec. 30. Illegal manufacture, a misdemeanor how person found at distillery may be punished.-
(a) Except as otherwise provided in Section 23 of this Act, if any person shall manufacture in this State alcoholic beverages

1468

JouRNAL oF THE HousE,

without being licensed under the provisions of this Act to manufacture such alcoholic beverages, he shall be guilty of a misdemeanor.
(b) Every person found at any distillery 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 if personally manufacturing the same.

Sec. 31. Illegal sale of alcoholic beverages.-If any person who is not licensed under the provisions of this Act to sell alcoholic beverages in this State shall sell any alcoholic beverages other than permitted by the provisions of this Act, he shall be guilty of a misdemeanor.

Sec. 32. Sale of alcoholic beverages by administrators, executives, trustees, receivers, sheriffs, constables and other officers acting under authority of courts having jurisdiction in this State; how made and to whom.-The provisions of Section 31 of this Act shall not apply to any administrator, executor, trustee or receiver duly appointed to represent the estate of any person licensed to sell alcoholic beverages under the provisions of this Act provided such person so appointed sells such alcoholic beverages in accordance with the provisions of this section; and that; provided, further, that the provisions of Section 31 of this Act shall not apply to sales of alcoholic beverages belonging to persons licensed to sell the same, made by sheriffs, constables and other officers acting under authority of courts having jurisdiction in this State provided such sales of alcoholic beverages are made in accordance with the provisions of this section.

Sales of alcoholic beverages by any of the persons enumerated in this section shall be made upon permits issued by the Board and shall be made only to a person who is licensed to sell such alcoholic beverages in this State, or to persons outside of Georgia for resale outside of this State, 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,

TuESDAY, FEBRUARY 1, 1938.

1469

Sec. 33. Illegal sale of alcoholic beverages by licensees; If any person who holds a license issued under the provisions of this Act,
(a) Shall sell alcoholic beverages to any person other than to those to whom such license or this Act authorizes him to sell, or
(b) 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 license or this Act authorizes him to sell, or
(c) Shall sell any alcoholic beverage when forbidden by the provisions of this Act, or he shall be guilty of a misdemeanor.
Sec. 34. Persons to whom alcoholic beverages may not be sold.-lf ariy person shall sell any alcoholic beverages to any person and at the time of such sale shall know or have reason to believe that the person to whom the sale is made is less than twenty-one years of age, or is intoxicated, he shall be guilty of a misdemeanor.
Sec. 35. Failing or refusing to obey subpoenas; hindering orderly conduct and decorum of meetings; misdemeanors.-lf any person shall fail or refuse to obey any subpoena issued by the Board or by any member, officer, or agent authorized to issue such subpoena, or shall hinder the orderly conduct and decorum of any hearing held and conducted by the Board, or by any member, officer, or agent of the Board authorized to hold and conduct such hearing, he shall be guilty of a misdemeanor. Any person violating any provision of this section may be prosecuted and punished in the county or city in which the hearing is held.
Sec. 36. Purchase of alcoholic beverages from person not authorized to sell same, a misdemeanor.-lf any person shall, in this State, buy alcoholic beverages from any person other than the Board, a State store or some person authorized under the provisions of this Act to sell the same, he shall be guilty of a misdemeanor.
Sec. 37. Having, possessing, keeping, carrying, shipping, and transporting alcoholic beverages illegally acquired, a misdemeanor.

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JouRNAL OF THE HousE,

If any person, other than a common carrier, shall have, possess, keep, carry, ship or transport alcoholic beverages which have been illegally acquired by such person or any person for whom he is acting, he shall be guilty of a misdemeanor.
Spirits in the possession of any person and in containers not bearing the required government stamps or seals shall be deemed prima facie evidence that such spirits were illegally acquired.

Spirits in the possession of any person and in amounts in excess of one gallon, in containers not bearing stamps or other evidence showing the same to have been purchased from the Board or a druggist licensed to sell the same under the provisions of this Act, shall be deemed for the purposes of this Act to have been illegally acquired. Nothing in this section, however, shall be deemed applicable to any person who transports, ships, keeps or stores any alcoholic beverages in this State for the purpose of sale to the Board to meet their needed requirements.

Sec. 38. Keeping, possessing, or storing any still, or distilling apparatus, without a permit from the Board, a misdemeanor.-If any person shall keep, store or have in possession any still, or distilling apparatus, without a permit from the Board, he shall be guilty of a misdemeanor.

Sec. 39. Drinking alcoholic beverages in public place; how punished; exceptions.-

(a) If any person shall take a drink of alcoholic beverages or shall tender a drink of alcoholic beverages to another, whether accepted or not, at or in any public place, he shall be guilty of a misdemeanor.

(b) This section shall not prevent any person from drinking

alcoholic beverages or offering a drink of alcoholic beverages to

another in the dining room or other designated room as defined

in Section 16 of this Act, of a hotel, restaurant, club or boat, or

in a dining car, club car, or buffet car of 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 for con-

sumption in such restaurant, hotel, dining room, or car such

alcoholic beverages,

-

TuESDAY, FEBRUARY 1, 1938.

1471

Sec. 40. Manufacturers not to sell, rent, lend or give to retail licensee or to owner of premises any money, equipment, furniture, fixtures or property; how violations punished; exceptions.-
(a) If any manufacturer of alcoholic beverages, whether licensed in this State or not, or any officer or director of any such manufacturer of alcoholic beverages whether licensed in this State or not, or any officer or director of any such manufacturer 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 any 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 issued 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.
Sec. 41. Members, officers, agents and employees of Board forbidden to have interest in business dealing in alcoholic beverages; not to solicit or receive remuneration or gifts from persons selling alcoholic beverages; how punished.-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 syndicate, 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 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 commission, remuneration or gift from any such person or corporation in connection with the sale or offering for sale of alcoholic beverages to

1472

JouRNAL oF 'THE Hous:E,

the Board other than for legal services, 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 anyone on behalf of any such member, officer, agent or employee, he shall be guilty of a misdemeanor.
Sec. 42. What deemed common nuisances; how persons punished for maintaining, or for aiding and abetting or knowingly associating with others in maintaining same; bonds.-All houses, boat-houses, buildings, tents, club, fraternity and lodge rooms, boats, cars and places of every description including drug stores, where alcoholic beverages are manufactured, stored, sold, dispensed, given away or used contrary to the provisions of this Act by any scheme, or device whatever, shall be held, taken and deemed common nuisances. Any person who shall maintain, or shall aid or abet or knowingly be associated with others in maintaining such common nuisances, shall be guilty of a misdemeanor, and in addition thereto, judgment may be given that such house, building, 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 of not less than five hundred dollars and with security to be approved by the court, conditioned that the premises shall not be used for 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 43 of this Act.
Sec. 43. How premises where nuisances exist may be closed by injunction; how violation of injunction is punished.-The Board, duly authorized agents of the Board, the attorney-general or any solicitor-general of the State, or any citizen of the county, city, or town, where such nuisance as is defined in Section 42 of this Act exists, or is kept or maintained, 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 the same. The courts of equity shall have jurisdiction thereof, and in every case where the bill charges, on the knowledge or belief of complaint and is sworn to by two reputable citizens, that alcoholic beverages are manufactured,

TuESDAY, FEBRUARY 1, 1938.

1473

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 in vacation. 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, fraternity room, boat, tent, or other place named in this section, and shall also restrain all persons from removing any alcoholic beverages than on said premises until the further order of the Court. All rules of evidence and the practice and procedure that pertain to proceedings in equity generally in this State may be invoked and applied to any injunction proceeding hereunder. Upon the hearing in the cause, if it shall be satisfactorily shown to the court that the allegations of the bill are true, although the premises complained of may not then be unlawfully used, the injunction shall continue against such house, building or place for such period of time as the court may order, 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.
Sec. 44. Illegal importation, shipment and transportation of alcoholic beverages; how punished.-
(a) No alcoholic beverages shall be imported, shipped, transported or brought into this State unless the same be consigned to or brought in for sale 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 23 of this Act, for wholesale druggists, for druggists, or for hospitals, to be shipped or transported direct to such persons; provided that on orders or shipments of alcohol the Board shall charge no profit other than a reasonable permit fee to be fixed by the Board.
(b) The provisions of this Act shall not prevent or prohibit

1474

JouRNAL OF THE HousE,

any person from bringing, in his possession or in his baggage, into this State not for resale, alcoholic beverages in an amount not to exceed one quart; 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.
Sec. 45. No action may be maintained to recover price of alcoholic beverages sold in violation of Act.-No action to recover the purchase price of any alcoholic beverages sold in contravention of the provisions of this Act may be maintained.
Sec. 46. Act not to prohibit possession and use of alcoholic beverages in residences; licensed clubs allowed to keep alcoholic beverages for members of club, Act not to prohibit persons from soliciting and taking orders from Board. The provisions of this Act shall not be construed to prevent:
(a) Any person from keeping and possessing alcoholic beverages in his residence for the personal use of himself, his family, his servants or his guests, if such alcoholic beverages shall have . been lawfully acquired by him, nor prevent such person, his family, or servants, from 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 of this Act;
(b) Any club licensed under the provisions of this Act from keeping for 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 of any provisions of this Act.
(c) Any person residing in Georgia or elsewhere, from soliciting and taking orders from the Board for such alcoholic beverages;
Sec. 47. Certificate of chemist of Board or State chemist may be used as evidence; court may require chemist to appear.-The certificate of chemist employed by the Board, if it has one, if not, of the State chemist, when signed and sworn to by him, shall be evidence in all prosecutions for violations of this Act, and all controversies in any judicial proceedings touching the mixture analyzed by him; but on motion of the accused or any party in in-

TuESDAY, FEBRUARY 1, 1938.

1475

terest, the Court may require the chemist making the analysis to appear as a witness and be subject to cross-examination provided such motion is made within a reasonable time prior to the day on which the case is set for trial.
Sec. 48. Sale on school or college grounds prohibited; punishment.-No alcoholic beverages of any kind shall be sold upon any school ground or college campus, nor within one hundred yards of such ground or campus. A violation of this section shall be a misdemeanor.
Sec. 49. Punishment prescribed for violations of Act and for violations of regulations made by Board.-
(a) Any person convicted of a misdemeanor under the provisions of this Act, or convicted of violating any regulations made by the Board under the provisions of this Act, shall be punished by a fine not to exceed $1000.00, imprisonment not to exceed six months, to work in the chain-gang on the public roads, or on such other public works as the county or State authorities may employ the chain-gang, not to exceed twelve months; any one or more of these punishments in the discretion of the judge.
(b) The provisions of this Act shall not be construed to prevent the Board from cancelling the license of any person convicted of violating any provisions of this Act.
Sec. 50. Counties, cities and towns forbidden to pass or adopt ordinances or resolutions regulating or prohibiting the manufacture, possession, sale, etc., of alcoholic beverages; exceptions as to licenses.-No county, city or town shall, except as otherwise provided in Section 22 of this Act providing for the issuance of local licenses, pass or adopt any ordinance or resolution regulating or prohibiting the manufacture, possession, sale, distribution, handling, transportation, drinking, use, advertising or dispensing of alcoholic beverages in Georgia.
Sec. 51. Appropriation.-For the purpose of paying the salaries and remuneration of the members, officers, agents and employees of the Board, and all costs and expenses incurred by the Board in establishing and maintaining State Stores, and in the administration of the provisions of this Act, there is hereby appropriated from funds in the State Treasury not otherwise

1476

JouRNAL OF THE HousE,

appropriated the sum of $250,000, or so much thereof as shall be necessary, to be paid out by the State Treasurer on warrants of the Comptroller issued on vouchers signed by the Secretary of the Board, and countersigned by the chairman, or other member of the Board designated by the Board, or by some officer or agent of the Board authorized and designated by the Board for such purpose.
In addition to the foregoing sum, there is hereby appropriated to the Board, should the Board determine to manufacture alcoholic beverages pursuant to the provisions of this Act, from funds in the State treasury not otherwise appropriated, the sum of $250,000.00 or so much thereof as may be necessary for the purpose of paying costs and expenses incurred by the Board in purchasing, leasing, building and operating the necessary plants and distilleries in manufacturing such alcoholic beverages.
Sec. 52. Constitutionality.-If any part or parts, section, subsection, sentence, clause or phrase of this Act is for any reason declared unconstitutional, 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 part or parts, section, sub-section, sentence, clause or phrase thereof eliminated.
Be it further enacted, by the authority aforesaid, that all laws and parts of laws in conflict with any of the terms or provisions of this Act, be and the same are hereby repealed.

On the adoption of the substitute offered by Mr. Lanham of Floyd, Mr. Lanham of Floyd 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 Allison Barlow Barnard Beck Blease Bond

Bradley Bridges Brown of Greene Brown of Peach Campbell Candler Clements

Cochran Coleman Culpepper of Fayette Daughtry Davis Dean Dollar

TuESDAY, FEBRUARY 1, 1938.

1477

Douglass Drinkard Dukes Ennis Erwin Evans Field
Gary
Groover Guyton Harden Harris Harrison Herndon Hill of Screven Hogg Houston Houze .Joel .Jones of Dodge .Jones of .Jenkins

Keel Lanham Lewallen Lewis Mavity McCravey Middleton Milam Moore of Baldwin Moore of Lumpkin Moore of Taliaferro Morris Moss Newton Palmour Peters Pilcher Ragan Rawlins Reid of Carroll Reid of Wilcox

Rowland Sams Sanders Sartain Saunders Scruggs Smith of Dodge Striplin Sutton Todd Trapnell Trippe Vicker:v Walton Ware Warnock Watkins Whipple Williams of Bacon Zellner

Those voting in the negative were Messrs.:

Almand

DeFoor

Ansley

Drake

Bargeron

Dugas

Barrett

Dunn

Batchelor

Durden

Bennett

Edwards

Booth

Ellington

Brewton

Elliott

Brooks of Jackson

Etheridge

Brooks of Oglethorpe Ferguson

Carmichael of Cobb

Flanders

Carmichael of Randolph Fowler

Chappell

Freeman

Clark

Gammage

Clar;v

Gavin

Olaxton

Goff

Cogdell

Grayson

Cohen

Gross

Corbett

Grubbs

Coxon

Hamby

Culpepper of Mitchell Hampton

Dampier

Hand

Daves

:Q:arrell of Brooks

Deal

Harrell of Irwin

Hart Harvey Hastings Hayes Hendrix Herrin Hill of Clarke Hollis Holt Home .Jackson .Jones of Bartow .Jones of Brantley Jones of Elbert Kendrick Key
Kirbo Lanier Leonard Mankin
ManrY Marshall Martin McOracken

1478

JoURNAL OF THE HousE,

McGehee McGraw McNall Miller Moore of Haralson Morgan Mundy
Musgrove Newby Oden Parker Patten Perry

Phillips
Preston of Bulloch Preston of Walton Rountree Sabados Salter Sapp
Simmons Smith of Henry Smith of Muscogee Spence Swindle

Tate Taunton Thomas Turner Wall Weaver Welsch
Whaley
Whitaker W1lliams of Jones Wilson Yeomans

Those not voting were Messrs.:

Brown of Greene Croker Fitts Hodges Johnson

Larsen Peebles Pirkle Pound Rees

Tapp Wages Warnell Mr. Speaker

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

On the adoption of the Lanham substitute to the Senate substitute to House Bill No. 196, the ayes were 83, the nays 109, and the Lanham substitute was lost.

On the adoption of the Senate substitute to House Bill No. 196, Mr. Evans of McDuffie moved the ayes and nays, and the call was sustained.
The roll was called and the vote was as follows:

Those voting in the affirmative were Messrs.:

Almand Ansley Bargeron Barrett Bennett Booth Brewton Brown of Greene Carmichael of Cobb Clark Claxton Oogdell

Cohen Coleman
Corbett Coxon Culpepper of Mitchell
Dampier
Deal DeFoor Dollar Douglass
Drake Dugas

Dunn Durden Edwards Ellington
Elliott Etheridge Flanders Fowler Freeman Gammage Gavin
Or81'son

TuESDAY, FEBRUARY 1, 1938.

1479

Gross Grubbs Hamby Hampton Hand Harrell of Brooks Harrell of Irwin Harvey Hastings Hayes Herrin Hill of Clarke Hollis Holt Home Houston Houze Joel Johnson Jones of Bartow Jones of Brantley Jones of Elbert Jones of Jenkins

Keel Kendrick Key
Kirbo Lanier Larsen Leonard Lewis Mankin Manry
Martin McGehee McGraw McNall Miller Moore of Haralson Morris Musgrove Newby Oden Patten Perry Phillips

Preston of Bulloch Preston of Walton Rawlins Rountree Sabados Salter Sapp Simmons Smith of Henry Smith of Muscogee Spence Swindle Tate Thomas Trapnell Turner Wall Warnell Whitaker Williams of Bacon Williams of Jones Wilson Yeomans

Those voting in the negative were Messrs.:

Adams Allison Barlow Barnard Batchelor Beck Blease Bond Bradley Bridges Brooks of Jackson Brooks of Oglethorpe Brown of Peach Campbell Candler Clements Cochran Croker Culpepper of Fayette Daughtry Daves Davis

Drinkard Dukes Ennis Erwin Evans Ferguson Field Gary Goff Groover Guyton Harden Harris Harrison Hart Hendrix Hemdon Hill of Screven Hogg Jackson Jones of Dodge Lanham

Lewallen Marshall Mavity McCravey Middleton Milam Moore of Baldwin Moore of Lumpkin Moore of Taliaferro Morgan Moss Mundy
Newton Palmour Peters Pilcher Ragan Rees Reid of Carroll Reid of Wilcox Rowland Sams

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JouRNAL OF THE HousE,

Sanders Sartain Saunders Scruggs Smith of Dodge Striplin Sutton

Todd Trippe Vickery Walton Ware Warnock

Watkins Weaver Welsch Whaley Whipple Zellner

Those not voting were Messrs.:

Carmichael of Randolph Hodges

Chappell

McCracken

Clary

Parker

Dean

Peebles

Fitts

Pirkle

Pound Tapp Taunton Wages Mr. Speaker

The roll call was verified.

On the adoption of the Senate substitute, the ayes were 105, the nays 85.

The Senate substitute to House Bill No. 196 was adopted.

Mr. Hand of Mitchell moved that the House do now adjourn until 9:30 o'clock tomorrow morning, and the motion prevailed.

The Speaker announced the House adjourned until 9:30 o'clock tomorrow morning.

WEDNESDAY, FEBRUARY 2, 1938.

1481

REPRESENTATIVE HALL, ATLANTA, GA.,

WEDNESDAY, FEBRUARY 2, 1938.

The House met, pursuant to adjournment, this day at 9:30 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
Allison Almand Ansley Bargeron Barlow Barnard Barrett Batchelor Beck Bennett Blease Bond Booth Bradley Brewton Bridges Brooks of Jackson Brooks of Oglethorpe Brown of Greene Brown of Peach Campbell Candler Carmichael of Cobb Chappell Clark ClarY Claxton Clements Cochran Cogdell Cohen Coleman Corbett

Coxon Croker Culpepper of Fayette Dampier Daughtry Daves Davis Deal Dean DeFoor Dollar Douglass Drake Drinkard Dugas Dukes Dunn Durden Edwards Elliott Ennis Erwin Etheridge Evans Ferguson Field Fitts Flanders Fowler Freeman Gammage Gavin Goff Grayson

Gross Groover Grubbs GUYton Hamby Hampton Hand Harden Harrell of Brooks Harrell of Irwin Harris Harrison Hart Harvey Hastings Hayes Hendrix Herndon Herrin Hill of Clarke Hill of Screven Hodges Hogg Hollis Holt Home Houston Houze Jackson Joel Johnson Jones of Bartow Jones of Brantley Jones of Dodge

1482

JouRNAL OF THE HousE,

Jones of Elbert Jones of Jenkins Kendrick Key Kirbo Lanham Lanier Leonard Lewallen Lewis
Mankin Manry
Marshall Martin Mavity
McCracken McCravey McGehee McGraw McNall Middleton Milam Moore of Baldwin Moore of Haralson Moore of Lumpkin Moore of Taliaferro Morgan Morris Moss

Mundy Newby Newton Oden Palmour Parker Patten Perry Peters Phillips Pilcher Preston of Walton Ragan Rawlins Rees Reid of Carroll Reid of Wilcox Rountree Rowland Sabados Sam.s Sanders Sapp Sartain Saunders Scruggs Simmons Smith of Dodge Smith of Henry

Smith of Muscogee Striplin Sutton Swindle Tapp Tate Taunton Todd Thomas Trapnell Trippe Vickery Wall Walton Ware Warnell Warnock Watkins Weaver Welsch Whaley Whipple Whitaker Williams of Bacon Williams of Jones Wilson Yeomans Zellner Mr. Speaker

Mr. Dampier of Laurens, Acting Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

The following resolution of the House was read and adopted:

By Mr. Sutton of Wilkes-

House Resolution No. 166. A resolution providing for a joint session of the House and Senate at 11:30 o'clock A. M., today, for the purpose of hearing a message from His Excellency, the Governor.

WEDNESDAY, FEBRUARY 2, 1938.

1483

The Speaker appointed as a Committee of Escort on the part of the House, to escort the Governor to the Hall of the House of Representatives, the following members:
Messrs. Gross of Stephens,
Hayes of Miller, and
Gammage of Terrell.
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 bills and resolutions.
5. First reading and reference of Senate bills and resolutions.
By unanimous consent, the following bills and resolutions were introduced, read the first time, and referred to the committees:
By Messrs. Carmichael and Welsch of Cobb-
House Bill No. 543. A bill to be entitled an Act to amend the Constitution of the State of Georgia to authorize the governing authorities of the County of Cobb to establish and administer within the bounds thereof fire prevention districts, and for other purposes.
Referred to Committee on Amendments to Constitution No. 1.
By Mr. Herndon of Hart-
House Bill No. 544. A bill to be entitled an Act to amend an Act approved February 6, 1856, incorporating the Town of Hartwell, in Hart County, and for other purposes.
Referred to Committee on Municipal Government.

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By Messrs. Ferguson and Chappell of Sumter-
House Resolution No. 165-544a. A resolution authorizing the House of Representatives, the Senate concurring, to name the bridge now being constructed on the Crisp Military Highway, the "General Howell Cobb and Captain John Addison Memorial Bridge," and for other purposes.
Referred to Committee on Public Highways No. 1.
By Mr. Parker of Colquitt-
House Bill No. 545. A bill to be entitled an Act to amend an Act known as the Building and Loan Act which defined a Building and Loan or Savings and Loan Association, and for other purposes.
Referred to Committee on State of Republic.
By unanimous consent, the following bill of the House was withdrawn from Committee on Public Highways No. 2 and recommitted to the Committee on Public Highways No. 1:
By Mr. Campbell of Newton-
House Bill No. 537. A bill to be entitled an Act to amend the Highway Mileage Act by adding a certain road to the State Aid System, and for other purposes.
Mr. Sartain of Walker County, Chairman of the Committee on Engrossing, submitted the following report:
Mr. Speaker:
Your Committee on Engrossing has examined, found properly engrossed, and ready for transmission to the Senate, the following bills and resolutions of the House, to-wit:
House Bills Nos. 112, 531.
House Resolutions Nos. 166, 156-528a.
Respectfully submitted,
SARTAIN of Walker, Chairman.

\VEDNESDAY, FEBRUARY 2, 1938.

1485

Mr. Groover of Troup County, Chairman of the Committee on Enrolling, submitted the following report: Mr. Speaker:
Your Committee on Enrolling has examined, found properly enrolled, and ready for transmission to the Governor, the following bills of the House, to-wit:
House Bills Nos. 196, 27.
Respectfully submitted,
GROOVER of Troup, Chairman.
Mr. Gross of Stephens County, Vice-Chairman of the Committee on Public Highways No. 1, 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 Vice-Chairman, to report the same back to the House with the following recommendation:
House Bill No. 537. Do pass.
Respectfully submitted,
GRoss of Stephens, Vice-Chairman.
Mr. Brown of Greene 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. 542. Do pass.
Respectfully submitted,
BRowN of Greene, Chairman.

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Mr. Kendrick of Fulton County, Chairman of the Committee on Industrial Relations, submitted the following report:
Mr. Speaker:
Your Committee on Industrial Relations have had under consideration the following bill of the Senate and have instructed me, as Chairman, to report the same back to the House with the following recommendation:
Senate Bill No. 35. Do pass.
Respectfully submitted,
KENDRICK of Fulton, Chairman.
Mr. Freeman of Bibb 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. 483. Do pass, by substitute.
Respectfully submitted,
FREEMAN of Bibb, Chairman.
By unanimous consent, the following bills of the House and Senate, favorably reported, were read the second time:
By Senator Lindsay of the 34th District-
Senate Bill No. 35. A bill to be entitled an Act to prohibit the State of Georgia or any department thereof from employing in any agency of the State any alien except where there is no American citizen qualified, and for other purposes.
By Messrs. Gross of Stephens, Coleman of Lowndes, Harris of Richmond, and others-
House Bill No. 483. A bill to be entitled an Act to amend the Malt Beverage Act of 1935, and for other purposes.

WEDNESDAY, FEBRUARY 2, 1938.

1487

By Mr. Campbell of Newton-
House Bill No. 537. A bill to be entitled an Act to amend the "Highway Mileage Act," by adding a certain road to the State Aid System, and for other purposes.
By Mr. Reid of Wilcox-
House Bill No. 542. A bill to be entitled an Act to repeal an Act designating a County Depository of Wilcox County; to provide for the election of a County Treasurer in lieu thereof; 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. Gross of Stephens-
House Bill No. 530. A bill to be entitled an Act to amend an Act to abolish the offices of Tax Receiver and Tax Collector of Stephens County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Claxton of Camden-
House Bill No. 534. A bill to be entitled an Act to reduce the official bond of the Sheriff of Camden County, from $10,000.00 to $3,000.00, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, the nays 0.
The bill having received the requisite constitutional majority was passed.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:

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Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following resolution of the House, to-wit:
By Mr. Sutton of Wilkes-
House Resolution No. 166. A resolution requesting His Excellency, Hon. E. D. Rivers, Governor of Georgia, be invited to address the General Assembly at 11:30 A. M., today.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:
Mr. Speaker:
The Senate recedes from its position on the Senate amendment to the following bill of the House:
By Messrs. Cohen, Grayson, and McNall of Chatham-
House Bill No. 281. A bill amending the charter of the City of Savannah, 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 and House, to-wit:
By Mr. Field of Whitfield-
House Bill No. 431. A bill amending Section 92-6911 of the Code of Georgia of 1933, relating to tax assessments by counties, and for other purposes.
By Mr. McGraw of Meriwether-
Hause Bill No. 437. A bill to fix and provide for the compensation to be paid mem hers of the Board of Education of certain counties in the State of Georgia, and for other purposes.
By Mr. Newby of Twiggs-
Hause Bill No. 369. A bill amending the Constitution so as to authorize the Trustees of Jeffersonville Consolidated School

WEDNESDAY, FEBRUARY 2, 1938..

1489

District to incur additional bonded indebtedness, and for other purposes.
By Messrs. Drake of Seminole and Hayes of Miller-
House Bill No. 481. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Mr. Swindle of Berrien-
House Bill No. 482. A bill amending the charter of the City of Nashville, and for other purposes.
By Messrs. Dugas of White and Jackson of Habersham-
House Bill No. 485. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Messrs. Hogg of Marion and Taunton of Taylor-
House Bill No. 490. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Mr. Reid of Wilcox-
House Bill No. 491. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Mr. Campbell of Newton-
House Bill No. 493. A bill reducing the official bond of the Sheriff of Newton County, and for other purposes.
By Mr. Warnell of Bryan-
House Bill No. 496. A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Bryan, and for other purposes.
By Mr. Warnell of BryanHouse Bill No. 498. A bill requiring county officers of Bryan
County to furnish bonds, by providing that said bonds be paid by the county out of its general funds, and for other purposes.

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By Messrs. DeFoor of Mcintosh, Hodges of Liberty, and Cohen of Chatham-
House Bill No. 122. A bill to levy an additional tax on commercial fishing boats belonging to aliens or non-residents of the State of Georgia, and for other purposes.
By Mr. Ennis of Baldwin-
House Bill No. 277. A bill amending the Chain Store Act of 1937, and for other purposes.
By Senators Millican of the 52nd District and Pruett of the 32nd District-
Senate Bill No. 131. A bill amending Section 26-2503 of the 1933 Code of Georgia, providing for punishment for robbery, and for other purposes.
By Senator Lindsay of the 34th District and others-
Senate Bill No. 133. A bill authorizing the State Highway Board to execute lease contracts or agreements granting easements on the rights of way, 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 and House, as amended, to-wit:
By Senators Jackson of the 14th District, Millican of the 52nd District, and others-
Senate Bill No. 112. A bill amending Section 68-301 of the 1913 Code of Georgia relating to speed of pneumatic tire vehicles, and for other purposes.
By Messrs. Dampier and Larsen of Laurens-
House Bill No. 291. A bill providing for special criminal bailiffs in counties having a population of 35,000 or more, and for other purposes.

WEDNESDAY, FEBRUARY 2, 1938.

1491

By Mr. Jones of Brantley-
Hause Bill No. 495. A bill amending the Act abolishing the offices of Tax Receiver and Tax Collector of Brantley 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 bill, by substitute, of the House, to-wit:
By Messrs. Davis, Lanham, and Keel of Floyd-
House Bill No. 484. A bill authorizing the boards of education of all counties in the State of a certain population to create a retirement or pension fund, and for other purposes.
Under the order of business established by the Committee on Rules, the following bills and resolutions of the House and Senate were taken up for consideration and read the third time:
By Messrs. Lanier, Harris, and Barrett of Richmond-
House Bill No. 522. A bill to be entitled an Act to amend the Code of Georgia of 1933, as applies to the City of Augusta, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Thomas of Chattooga-
House Resolution No. 101-380a. A resolution providing for the furnishing of the Georgia Code of 1933 to Chattooga County, and for other purposes.
The following amendment to House Resolution No. 101-380a was read and adopted:

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Mr. Thomas of Chattooga moves to amend House Resolution No. 101-380a by striking "Judge of City Courts of Summerville, Georgia," so that said resolution will read "Clerk of Superior Court of Summerville, Georgia, Chattooga County."
The report of the committee, which was favorable to the adoption of the resolution, was agreed to, as amended.
On the adoption of the resolution, as amended, the ayes were 104, the nays 1.
The resolution having received the requisite constitutional majority was adopted, as amended.
By Messrs. Scruggs and Dukes of Washington and Moore and Ennis of Baldwin-
House Bill No. 536. A bill to be entitled an Act to amend the "Highway Mileage Act," by adding a certain road to the State Aid System, 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, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Perry and Houston of Worth and Parker and Barlow of Colquitt-
House Bill No. 520. A bill to be entitled an Act to amend the "Highway Mileage Act," by adding a certain road to the State Aid System, and for other purposes.
The following committee substitute to House Bill No. 520 was read and adopted:

A BILL
To be entitled an Act to amend an Act entitled "Highway Mileage" as the same appears in the Acts of the Georgia Legislature of 1929, pages 260 to 268, and including map opposite page 268 of said Acts of 1929, said Act hereby amended being known as the Neill-Traylor Bill, and map as aforesaid being

WEDNESDAY, FEBRUARY 2, 1938.

1493

designated in said Acts of 1929 as the Neill-Traylor Map, so as to add to said map a road beginning at Sylvester, Georgia, Worth County, and running in a southeasterly direction through lots of land numbers 334, 335, 310, 309, 290, 263, 262, 245, 216, 215, 200, 169, 168, 155, 122, 109, 76, 63, 75, 74, 65, 66, 26, 21, and thence to the Colquitt County line, and thence from said Colquitt County line into and through said Colquitt County to Norman Park, Georgia, in Colquitt County, and thence from Norman Park, Georgia, in Colquitt County to Ellenton, and then from Ellenton in said County of Colquitt to and intersecting with the Highway running from Moultrie, Georgia, in Colquitt County, to Adel, Georgia, a distance of approximately thirty-six (36) miles; to provide that the addition of said road on said map shall not require payment of gasoline tax or maintenance by the State Highway Department of Georgia until said Road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action; and for other purposes.
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that that certain Act of the Georgia Legislature known as the Neill-Traylor Bill, together with the map attached thereto, as said bill appears in the Acts of the Georgia Legislature of 1929, pages 260 to 268, together with map opposite page 268 of said Acts of 1929, be and the same is hereby amended by adding to and placing on said map, as fully and completely as though originally drawn on said map, that certain road beginning at Sylvester, Georgia, Worth County, and running in a southeasterly direction through lots of land numbers 334, 335, 310, 309, 290, 263, 262, 245, 216, 215, 200, 169, 168, 155, 122, 109, 76, 63, 75, 74, 65, 66, 26, 21, and thence to the Colquitt County line and thence from said Colquitt line into and through said Colquitt County to Norman Park, Georgia, in Colquitt County, and thence from Norman Park, Georgia, in Colquitt County to Ellenton, and then from Ellenton in said County of Colquitt to and intersecting with the Highway running from Moultrie, Georgia, in Colquitt County to Adel, Georgia, a distance of approximately thirty-six (36) miles.
Sec. 2. Be it further enacted, that by the addition of said

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road on said map and the placing of said road on said map there arises no obligation either express or implied, that the State of Georgia or the Highway Department of Georgia shall be responsible for any maintenance of said road or shall the addition of said road to said map entitle the county or counties in which said road is located to receive its pro rata part of the one cent gasoline tax allocated to said county as to said road hereby added on said map, unless and until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action as now provided by law and a map, showing said road thereon, be filed with the Secretary of State as now prOvided by law.
Sec. 3. Be it further enacted, that it is the purpose of this Act to give to the State Highway Department of Georgia the right and authority to legally designate said road beginning at Sylvester, Georgia, Worth County, and running in a southeasterly direction through lots of land numbers 334, 335, 310, 309, 290, 263, 262, 245, 216, 215, 200, 169, 168, 155, 122, 109, 76, 63, 75, 74, 65, 66, 26, 21 and thence to the Colquitt County line and thence from said Colquitt County line into and through said Colquitt County, to Norman Park, in Colquitt County, and thence from Norman Park, Georgia, in Colquitt County to Ellenton, and then from Ellenton in said County of Colquitt to and intersecting with the Highway running from Moultrie, Georgia, in Colquitt County, to Adel, Georgia, a distance of approximately thirtysix miles, and if and when said road is so designated by said State Highway Department of Georgia, said road shall not be considered a part of the 500 additional miles allowed in addition to the mileage shown on said map as provided in said Neill-Traylor Bill.
Sec. 4. Be it enacted, that all laws and parts of laws in confiict herewith are hereby repealed.
The report of the committee, which was favorable to the passage of the bill, by substitute, was agreed to.
On the passage of the bill, by substitute, the ayes were 104, the nays 0.
The bill having received the requisite constitutional majority was passed, by substitute.

WEDNESDAY, FEBRUARY 2, 1938.

1495

By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton-
House Bill No. 531. A bill to be entitled an Act to amend sub-paragraph 8 of Section 24-2715 of the Code of 1933, so as to provide that in counties of 200,000 population or more, the clerk may provide a suitable cross reference card index system, 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, the nays 2.
The bill having received the requisite constitutional majority was passed.
By unanimous consent, House Bill No. 531 was ordered immediately transmitted to the Senate.
By Messrs. Lanham, Keel, and Davis of Floyd-
House Resolution No. 156-528a. A resolution to relieve Mrs. Ida Lesser of Floyd County of liability on a Criminal Bond, and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 104, the nays 1.
The resolution having received the requisite constitutional majority was adopted.
By unanimous consent, House Resolution No. 156-528a was ordered immediately transmitted to the Senate.
By Messrs. Hand and Culpepper of Mitchell-
House Bill No. 518. A bill to be entitled an Act to amend the "Highway Mileage Act," by adding a certain road to the State Aid System, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, the nays 0.

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JouRNAL OF THE HousE,

The bill having received the requisite constitutional majority was passed.
By Senator Neely of the 36th DistrictSenate Bill No. 120. A bill to be entitled an Act to amend the
"Highway Mileage Act," by adding a certain road to the State Aid System, 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 103, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Senator Shannon of the 21st DistrictSenate Bill No. 118. A bill to be entitled an Act to amend the
"Highway Mileage Act," by adding a certain road to the State Aid System, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, the nays 2.
The bill having received the requisite constitutional majority was passed.
By Senator Peebles of the 18th DistrictSenate Bill No. 111. A bill to be entitled an Act to amend the
"Highway Mileage Act," by adding a certain road to the State Aid System, 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, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Senator Burrell of the 40th DistrictSenate Bill No. 113. A bill to be entitled an Act to amend the
"Highway Mileage Act," by adding a certain road to the State Aid System, and f<?r other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

WEDNESDAY, FEBRUARY 2, 1938.

1497

On the passage of the bill, the ayes were 106, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Senator Burrell of the 40th District-
Senate Bill No. 112. A bill to be entitled an Act to amend the "Highway Mileage Act," by adding a certain road to the State Aid System, 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, the nays 2.
The bill having received the requisite constitutional majority was passed.
By Senator Millican of the 52nd District-
Senate Resolution No. 56. A resolution designating and naming Highway No.3 as the John B. Gordon Highway.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 109, the nays 2.
The resolution having received the requisite constitutional majority was adopted.
By Senator McCutchen of the 43rd District-
Senate Bill No. 69. A bill to be entitled an Act authorizing the State Librarian to furnish certain books to the University of Georgia School of Law, 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, the nays 5.
The bill having received the requisite constitutional majority was passed.
Mr. Evans of McDuffie requested the Journal to show that he cast his ballot against the passage of the bill.
The following report of the Committee of Conference on Senate Bill No. 49 was submitted and read:

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JouRNAL oF THE HousE,

Report of the Conference Committee of the House and Senate on House Amendments to Senate Bill No. 49.

Mr. President and Mr. Speaker:
We, your Conference Committee, duly appointed to confer upon the House Amendments to Senate Bill No. 49 have held a conference, and after considering the House Amendments to Senate Bill No. 49 we have agreed upon the following report:

1st. The Senate recedes from its objections to the amendment by Harris of Richmond and others, striking the word "by and with the approval of the Governor" in Section 3.

2nd. The Senate recedes from its objection to the amendment by Harris and others amending Section 2 of said bill, and substituting a provision for the appointment by the Governor of the present Prison Commission for a term of six years from the date of the passage of this Act.

3rd. The House recedes on its amendment to Section 4 which sought to strike the word "unanimous" and substitute the word "majority."

4th. The Senate recedes from its objection to the House Amendment striking Section 5 and substituting a new section therefor.

5th. The Senate recedes from its objection to the amendment by Parker of Colquitt striking Section 6 in its entirety.

6th. The Senate recedes from its objection to the House Amendment adding a new paragraph, providing that no member of the General Assembly shall be appointed in a position created by this bill.

7th. The Senate recedes from its objection to the House amendment by Bennett of Ware adding a new paragraph fixing the effective date of the Act as February 15, 1938.

We recommend that this our report on the above Senate Bill No. 49 be adopted.
Respectfully submitted, PARKER of Colquitt, BENNETT of Ware, SMITH of Henry.
Committee from House.

WEDNESDAY, FEBRUARY 2, 1938.

1499

LINDSAY of the 34th District, PuRDOM of the 46th District, KIMBROUGH of the 25th District. Committee from Senate. On the question of agreeing to the report of the Committee of Conference on Senate Bill No. 49, the ayes were 119, the nays 7. The report of the Committee of Conference was agreed to. Under the orders of the day, the following bill of the House was again taken up for consideration:
By Messrs. Brewton of Evans, Bradley of Tattnall, Reid of Carroll, and others-
House Bill No. 234. A bill to be entitled an Act to license and regulate wholesale dealers in perishable farm commodities, and for other purposes.
Mr. Harvey of Upson moved that the bill be tabled.
On the motion to table, the ayes were 71, the nays 34, and the bill was tabled.
By unanimous consent, the Clerk was instructed and directed to correct all typographical errors in House Bill No. 27.
The following resolution of the House was read:
By Messrs. Harrell of Brooks and Marshall of MaconHouse Resolution No. 167. A resolution requesting the Geor-
gia Congressmen in the National Congress to vote against any measure tending to reduce the Federal allotment of funds for Highway construction in the several states of the Union, and for other purposes.
On the adoption of the resolution, the ayes were 85, the nays 29, and the amendment was adopted.
Under the order of unfinished business, the following bill of the Senate was again taken up for consideration:
By Senator Pope of the 7th District-
Senate Bill No. 51. A bill to be entitled an Act to amend the

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JouRNAL oF THE HousE,

Act entitled "Board of Photographic Examiners," as the same appears in the Act of 1937, and for other purposes.
The Hour of convening the joint session of the House and Senate having arrived, the Senate appeared on the floor of the House, and the joint session, convened for the purpose of hearing a message from the Governor, was called to order by Hon. John B. Spivey, President of the Senate.
The Secretary of the Senate read the resolution providing for the joint session.
Accompanied by the Committee of Escort, the Governor appeared upon the floor of the House, and delivered the following address:
February 2, 1938.
11:30 to 12:30 Noon
MR. PRESIDENT, MR. SPEAKER,
LADIES AND GENTLEMEN oF THE Ass!'MBLY:
On November 22 I gave you the legislative and administrative status of our state government and my recommendations for the enactment of certain legislation at this special session to conclude carrying out the program of the Democratic Party of the State as set forth in the several planks of the platform adopted at Macon, Georgia, October 7, 1936.
You have worked diligently and faithfully toward accomplishing this important end and have passed some of the most progressive legislation at this special session ever enacted into law in the history of our great State.
In this message I want to analyze the results of your labors thus far and to make recommendations for the completion of your work and the speedy conclusion of this session. The people and the press of the State have been appreciative of the fine work you have been doing and your session thus far has met with uniform praise and commendation. I have the feeling, however, that the people properly wish, as I do, and as I am sure you do, that you finish your labors at the earliest possible moment and bring about sine die adjournment promptly within the next few

WEDNESDAY, FEBRUARY 2, 1938.

1501

days. It is my hope that this message may be of some assistance to you in doing so.
As I told you in my previous message, I want to raise only sufficient money to pay 100% the appropriation bill passed at the regular session, with only two exceptions, these exceptions being: furnishing money to pay teachers for the approximately two hundred thousand school children placed in school this year through the free school books, which we had not fully anticipated; and, to care for the building program of the eleemosynary institutions. In order to pay the appropriation bill in full we all recognize now, as originally, that it is necessary to revise our tax system. This session was called primarily for that purpose.
All of us recognize that a revision of taxation affects vitally the financial interests of various individuals and groups of our citizens. We know that attendant upon tax revision is an everpresent conflict of opinion, propaganda of reactionaries and lobbying of special interests. We know that the State is flooded with misrepresentation, misinformation and propaganda, stressing the burdens of taxation.
On Thanksgiving Day I received the following telegraphic message from Honorable George Foster Peabody, of Warm Springs, Georgia:
"Our State has profound reason for Thanksgiving. After decades of wallowing in compulsory ignorance an education Governor, a second Oglethorpe, has broken the chains welded from the sweat of labor and opportunity is afforded the bright Anglo-Saxon minds of the recovering empire state of the south. We give thanks especially for the knowledge of the companioning soul leading onward and upward, the everlasting womanly as Goethe so eloquently phrases it. The future is bright with promise. My eighty years of continued thinking and over seventy years of experience in school, church, social, business, political activities from top to bottom convince me no instrument is so surely wise as taxes~ even when Tammany in New York and Cox in Cincinnati have bedevilled them to the extreme. You are using them to the highest level; the best of all crops; as Utah

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advertises; sons and daughters of the Almighty-cast aside fear which always hath torment."
Everybody who knows Mr. Peabody admires him and respects his judgment and opinion. I have not seen him in years and his telegram came to me unsolicited and as unexpected as a bolt of lightning from a clear sky. I read it and reread it many times. I pondered the very striking statement he made about taxation being a blessing. As I have rolled that statement over in my mind it has impressed me more forcefully the more I have thought about it. And I believe it well that the Assembly and the people ponder this thought.
Without taxation we would have no schoolhouses, no school teachers, no university system, no courts, no eleemosynary institutions, no penal institutions, no police protection, no highway systems, no health work, no government of any kind. Without taxation only those who are rich could have their children taught; the masses of our people would be ignorant and illiterate. Without taxation we would have no insane asylums, and these unfortunates would be in homes and communities as a depressing influence, without proper care and treatment, with those who are violent hazarding the lives of those with whom they come in contact. Without taxation criminals would roam at large, pillaging and killing. Without taxation our lives and property would be at the mercy of the unscrupulous strong. Without taxation we could have no government, no society, and anarchy would prevail. Without taxation our aged and our needy would starve. Who would want to live under such conditions? Taxation is indeed a blessing, a wise instrument.
Taxation has its counterpart in nature. Through the process of evaporation the hydraulic power of the sun reaches out upon the oceans and lifts millions of tons of water from the surface of all the seas up to the loftiest clouds. The days may be as peace-
ful, the oceans as tranquil, the sky and air so still as to suggest a
monastery sleep, and yet through the machinery of sunshine a supply of water is constantly carried into the skies. Tempests may lash the seas to insurrection till continents quiver a,.nd not a single ship survives, yet never does the gossamer enginery of the sun suspend and the rebellious torrent rises at its touch to mingle

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1938.

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obediently with the utmost skies. Then the water descends again as rain, as mist, as snow, to refresh the earth, keep alive man and beast and fowl. The water then, through branches, creeks and rivers, flows back into the ocean. Not a drop less water exists than at the start. Except for the process of evaporation the water would remain in the seas, the oceans themselves would become stagnant and everything on earth would perish. Yet through the process of evaporation the water makes its rounds from ocean to sky and back to earth and into the ocean again, and in the rounds it keeps crops growing, factories turning, people and all that live supplied.

As with evaporation so with taxation. Through the process of taxation millions of dollars of money are lifted from the channels of business and trade and brought up into the state treasury; the money then descends into governmental services and benefits and is spent back into the channels of trade and business. Not a dollar of it is lost or destroyed. Every dollar that is brought up into the treasury by taxation from business goes daily back into the channels of trade and business. Through taxation, in making the round from business and trade up into the treasury and back again into the channels of business and trade the money is used to educate boys and girls, pay teachers' salaries, pay for health work, take care of our insane, our tubercular, our deaf, our unfortunates, our moronic children, our blind, our aged, our crippled, our peace officers, our courts, build .our highways, and performs governmental services and gives benefits to our people that only the wealthy could otherwise have and the poor would be denied. Even the wealthy could not buy, if they spent all their wealth, the benefits taxation brings them. When Henry Ford makes trips about the country, the highways and bridges he uses, built by taxation, the officers and courts that protect him on his trips, all furnished through taxation, total more than his entire fortune could buy.

Except for the round the money makes through taxation, business and trade would become stagnant, society and government would perish, and people could make no progress. Taxation is indeed a blessing. Money in circulation makes prosperity; money hoarded creates depressions. When plenty of money is

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in circulation land values increase, better wages are paid, commodity prices are enhanced. Slow down the acceleration of the turnover of this money, and values drop, commodity prices drop, wages drop. Circulation of money is the blood stream of business. Money plus the acceleration of its circulation and turnover makes prosperity. The more money constantly kept in circulation through taxation and governmental services and benefits, so long as it is economically and efficiently expended and not wastefully and extravagantly used and so long as it is not dissipated, thereby destroying values, taxation is a blessing. If the withdrawal of water through evaporation was concentrated at too few points, so as to dry up the source, it would be bad; but so long as it is widely distributed it is good. When taxation is concentrated at a point too narrow, where its withdrawal dries up the source, it needs revision to properly distribute the withdrawal. The problem of tax revision is that where the burden of withdrawal is too heavy to lighten it, and where it is too light to increase it. The purpose of this session has been to revise the system of taxation so as to more properly distribute the withdrawals, and to raise adequate revenue, to properly support essential governmental services.
HOME AND HOUSEHOLD AND KITCHEN FURNITURE EXEMPTIONS
One point at which we found taxation making too heavy withdrawals, so as to dry up and confiscate the source from whence it was being withdrawn, was on homes and household and kitchen furniture. You have remedied this by the enactment of home and household and kitchen furniture exemptions. Had you done no more, this session would have been worthwhile.
Without these quiet cottages, which you have exempted from taxation, and the social structure they maintain there would be no freedom worthy of the name, no progress worthy of the effort, no republic fit for preservation. The home is the unit of society, the foundation of government, the comfort and the crown of life. It precedes every form of social structure. When the first mother gave the first life from her own the first home began. When her first kiss greeted the newborn being fresh from God the home became the echo and the mirror of a celestial realm.

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From that far distant hour until this very time the spot most sacred in any age or zone has been the home.
When the thought and effort of the people are combined in a common cause to protect, maintain and expand the home, it awakens a new period of patriotism and a new era of brotherhood. Arms that are raised to strike will be extended to embrace. Lips that utter sentences of hate will speak messages of love. Hearts that surge with anger will beat in unison.
This Assembly, through its home and household tax exemptions, has gone a long way toward the preservation of the family and the salvation of the home. The influence of the home is the influence of love, and love is the silent force that lifts humartity ever upward.
By your act in relieving the homes from taxation, Georgia will anchor its people on their own little plots of land; and the hillsides and valleys of this great State will light the nights aglow with glimmering fires, signalizing love, shining from hearthstones of little homes. Yes, the tax exemption of home and household within itself is real tax revision.
INTANGIBLE TAX ACT
The passage of the intangible tax act is real tax revision. You cannot have proper enforcement of your tax laws when they are so impossible of enforcement and unjust that they make tax liars of the people. The lack of an intangible tax law has caused our people to become hypocrites and involuntary liars about their taxes. With this kind of psychology it has been well nigh impossible to build a respect and obedience for tax laws whereby those laws which are fair could be reasonably enforced.
For more than twenty years it has been common knowledge in the State that an intangible tax act is essential to a proper and workable tax system. Intangibles are not held alone by the rich, but many of the great middle class of our people hold small investments in this class of property. The old system caused them to hide out this class of property and to lie about it. Thus the decaying influences of hypocrisy and untruth have been constantly breaking down the tax character of our people.

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You had the courage and the intelligence to pass an intangible tax act. True it is, you have not gone the full length of classfication in the intangible tax act in that you have not yet classified unsecured notes, accounts and chattel mortgages. However, you have passed the basis of a law and have opened the door for a completion of an intangible classification on the basis of our experience with it, which is so necessary to have, in finally perfecting such legislation.
Had you done no more at this session in tax revision than the passage of the intangible tax act, the session would have been worthwhile. It will bring upon the digests millions of dollars of property heretofore secreted, from which no returns at all were received, and will bring into the treasury (state, county, city and school) funds heretofore denied them. It will also make for tax honesty.
LICENSE TAX ACT
Our motor vehicle license acts had inequities, injustices and inconveniences in them. The people wanted a revision of the maintenance tag act and the motor vehicle license tax act, and the two acts combined.
You have written into law a unified motor vehicle license tax act that is already meeting universal approval at the hands of the people. In doing so you have preserved funds for use in the rural route road program. In this act you have both satisfied the people and preserved funds for this important service. You have also made provision whereby, I feel, we can be relieved of the federal penalty lodged against us because of the diversion of the funds from the Highway Department by the last administration.
There is pending a bill, now in conference, authorizing the Highway Department to devote other funds to the rural route program. I urge that you have a report of your conference committees and finally enact this legislation without delay.
INCOME TAX
Our income tax law had certain inequities in it; specifically:
(1) Our taxpayers were not given a deduction, in arriving at

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their net income, for the federal income tax they were paying. This caused them to pay twice on the same money, which was unfair. You have remedied that in the future at this session.
(2) Georgia corporations were paying double and treble tax on dividends they paid to each other. You have remedied that so that we now tax the dividends only once.
(3) The requirements of the payment of a fee in filing the returns as a minimum tax, regardless of whether the taxpayer was liable for an income tax or not, was unjust. You have remedied that.
You have made the income tax law of the State one of the best in the entire country. It may need further slight revision on the basis of our further experience with it, but you have done a good job of perfecting it on the basis of our experience with it to date.
With the enactments you have made relating to the income tax and with the intangible tax act, you have put Georgia in a fine competitive tax position. We should now be able to keep the capital we have, bring back capital that has fled our borders, and attract new capital. Yet we have not made Georgia a haven of refuge for tax dodgers.
What you have done in the revision of the income tax law alone, more than justifies this session.
ENABLING ACTS
You have passed enabling acts to carry into effect the constitutional amendments voted by the people. These enabling acts alone would have justified this special session.
PRISON REFORM
Honorable Nelson Shipp, of Columbus, Georgia, is an outstanding thinker, writer and leader of our State. I received the following wire from him, voluntarily:
"Accept my hearty congratulations on passage of modern prison reform legislation. This outstanding achievement, alone, makes your administration a great one. In my

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personal opinion results will be far reaching in effect upon crime and penal problems of our State. Moves Georgia into line of enlightened progressive commonwealths."
This wire is typical of hundreds of letters and messages I have received on this subject.
Georgia has been in a very embarrassing position in the eyes of the nation for many years, because of our penal situation. While reports of conditions were greatly exaggerated, the fact remains that we had a very unenviable reputation among our sister states and that there were certain conditions which needed improvement.
You have faced courageously the revision of our penal system. You have passed, and are in the process of passing, a series of bills that are the result of the study of your own legislative committees, federal authorities, and the judges and solicitors of our courts.
The administration of these measures will put Georgia's penal system on a par with the best in the nation; will give us a fine reputation abroad; and in a very short time a self-sustaining and constructive operation at home.
Already three major newsreels (The March of Time, Paramount and M. G. M.) have sent their representatives into the State, without cost to us, and have filmed pictures they will shortly show throughout the nation, publicizing the fine work you have done and the fact that Georgia no longer need be held in disdain by reason of her prison conditions. A fourth news serialist, Pathe, called me from Washington and said they would have their representative here this week for the same purpose. These four news services will cover in their showing practically every movie-goer in the country, and it is estimated that at least 75% of the people in our country will see these pictures.
This will effectively answer Burns' book" I am a Fugitive from a Georgia Chaingang," and the screen picture of the same import. It will fully counteract the unfavorable reaction incident to this former publicity.
The prison program of this session alone will cause this Assembly to go down in the history of this State as one of its great-

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est Assemblies. The prison program alone has amply justified this extra session.
I want to urge that you promptly pass the remaining bills of this prison program. All of them have been passed by the Senate practically unanimously and reported out of your committees in the House in the same manner.
BEER TAX ACT
You have satisfactorily met the need for money to pay the teachers needed for the extra two hundred thousand children we have put in school with the free school books this year by amending the beer tax act.
While 20% is a high tax on beer, it must be remembered we are levying a 20% tax on cigarettes; the new beer tax is no higher than the cigarette tax we are collecting; both beer and cigarettes come in the category of non-essentials. People can live without them. I think the people universally had rather see a 20% tax on beer than not to have teachers for these extra two hundred thousand school children.
You likewise have amended the beer tax act to permit the use of these funds, in excess of those needed for the free school books, to be used for the payment of these extra teachers.
If you had done no more than provided this money to pay these extra teachers, this special session would have been justified.
RADIO STATION WGST
We are all alert to the necessity of expanding our State radio station as a permanent State asset. At our regular session you allocated to this purpose a fund of $50,000, which you authorized to be forfeited by reason of the non-compliance of a cold storage building contract.
This session the House has passed a bill appropriating this allocation so as to make it legally accessible for this purpose.
I want to urge the Senate to promptly pass this bill so that we may proceed with our work in applying for a permit and arranging for the expansion of this radio station.

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The work of this Assembly in preserving radio station WGST as a State asset, and in making possible its expansion, will in the course of years prove a remarkable benefit to the people even beyond what any of us now reasonably expect.
TAX COLLECTORS
The exemption acts placed our local tax collectors, commissioners and receivers in jeopardy in receiving adequate compensation to carry on efficient work. You have remedied this situation by the enactment of legislation revising their fees. The House has passed a bill for local distribution of motor vehicle tags, which will finish the job of adequately caring for the emergency of these tax officials.
I trust the Senate will promptly pass this fine piece of legislation which passed the House so overwhelmingly.
COUNTIES
The local distribution of motor vehicle tags not only helps solve the problem of the local tax officials; it helps decentralize government and provides home administration and home convenience in buying motor vehicle tags-It does more, it carries a provision whereby the counties will have all automobiles, trucks, buses and trailers placed on their digests for ad valorem taxes.
At the present time it is estimated that only about 25% of this class of property is returned for taxes. The experience of other states in requiring a compulsory return as a prerequisite for securing license plates has gained fine results and has shown a marked increase in the digest from his property.
It is estimated conservatively by many local tax officials that
motor vehicles placed on their digests through this bill will offset the personalty tax exemption granted by this Assembly.
It is fine in tax revision because it forces a uniformity of
assessment and collection of ad valorem taxes from all taxpayers liable for the tax on motor vehicles. It certainlv is fair, for either no motor vehicle owner pay an ad valorem tax on his motor vehicle, or all motor vehicle owners should pay an ad valorem tax on their motor vehicles. This act should materially assist

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many of our counties in meeting the loss of revenue from the exemptions.
You have passed another act that should materially assist our counties. You have provided that the one cent a gallon gasoline tax now allocated to our counties on the basis of their State highway mileage should be paid to them monthly instead of quarterly. This should enable them to put their finances on a cash basis, discount their bills, and enjoy a saving from interest and from credit prices. Many counties have expressed to me that this monthly distribution of the gasoline tax will give them real relief.

With the final enactment of the pending rural route bill, our counties will receive benefits that will assist in making up the loss through the exemptions. The policy of the highway department permits the county commissioners to designate the rural route projects for the expenditure of this money. If the counties will select for these rural route projects their bridges that are badly in need of rebuilding, and bad stretches of their rural roads that are expensive to maintain, they will receive what amounts to direct relief from the rural route program. It will then aid them materially. Many counties are already doing this. A close co-operation between the counties and the highway board will make the rural route program of real help to the counties in meeting the exemptions loss.

With the passage of the pending rural route bill the highway department can immediately match the entire federal fund and will not have to wait and match it as money comes in, as was the case in 1937.
The preliminary work to start the rural route program has been done, and the rural program this year should amount to $3,000,000. The federal government allotted $646,000 last year, which we have finally matched through the maintenance tag collections, making a total of one and a quarter million dollars from last year, that has been set up and is ready to be spent, and will be spent this year. The federal government has allocated an additional $646,000 to the rural route program this year, which the highway department can immediately match, making a total of one and a quarter million dollars for this year, which can, and

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should, be spent this year. This totals two and a half million dollars of state and federal matched funds to be spent on the rural route program this year. The pending rural route bill will add approximately a half million dollars more than enough to match federal aid this year, which brings the total to three million dollars to be spent in the counties on rural routes this year. The expenditure of this three million dollars this year, wisely designated by the county commissioners, will be of much benefit to them in meeting the exemptions.
You have passed a bill permitting 100% of the social security benefit funds to be used to pay administrative costs. While, of course, the amount of money available for counties under this provision will depend on how adequately we finance the social security program; if we do finance it 100% this act will be of material assistance to the counties in my judgment. It must be borne in mind, however, that it will take a period of time to get the social security program functioning smoothly and normally in the counties before any real saving can be had from this item.

You have passed an enabling act permitting the counties to levy social security taxes and to levy taxes to pay home demonstration and agricultural agents.
While these two measures do not help the counties in meeting the exemptions loss, they do help the counties' fiscal situation by providing absolutely legal machinery to carry on these county governmental services, and in that manner these measures are of fine help to the counties. You have passed a number of permissive highway mileage acts, permitting the highway department to add additional highway mileage to the highway system.
While these acts will not be of general help to the counties in that there is only one cent a gallon of gasoline tax to be distributed among the total mileage in the system so that when you add a road to the system for one county, you automatically reduce proportionately the gasoline tax to other counties. Nevertheless, some counties have less state road mileage than their just share and, for that reason, do not receive their just part of the gasoline tax distributed from the one cent a gallon and do notreceive their just share of maintenance of these highways.

WEDNESDAY, FEBRUARY 2, 1938.

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The passage of these permissive acts, together with the permissive acts passed at the regular session, put the highway department in a position to judicially allot some of this mileage to the counties that are at a disadvantage, and help them and, at the same time, not do a great deal of injustice to other counties that now have proportionately more than their share of the gasoline money and maintenance. This will furnish a measure of relief for some of the counties and will assist them in making up their exemption losses.
The Intangible Tax Act will give many of our counties additional funds with which to meet the exemption losses. All these acts,' together with the county contract policy of the highway department, constitute the program of relief for the counties which I felt the counties could be given this year while accurately determining their needs on the basis of actual experience with the exemptions. The effects of the exemptions on each county cannot be accurately known until the end of this year. Whatever the counties lack of having their needs met we will know by January 1st. If these measures do not furnish them adequate relief, the regular session in 1939 can shape legislation to meet their varying needs on the basis of established facts, while this legislature can only seek to forecast these needs on the basis of estimates and prophesies. It must be borne in mind that the counties can still levy taxes on homes to pay bonded indebtedness, and in many counties this is a considerable item.
I have been of the opinion that these measures would he sufficient for the time being and that we could safely await the regular session and then intelligently provide for the permanent program of the counties. From a canvass made of the representatives of the various counties, I am told that about half the representatives here say that their counties can function all right. However, there are some counties that say they cannot function satisfactorily with the exemption loss despite these measures. I am, therefore, willing to cooperate with you in furnishing additional money to them, if you see proper.
I cannot, however, agree to a diversion of any of the gasoline tax from the State Highway Department, because it would jeopardize our federal money and would seriously cripple the

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highway department in carrying out its functions for the State Highway System. I think, therefore, it would not be to the best interest of the people, or the counties, to make this diversion. Especially those counties that have been neglected heretofore. I shall make further reference to this subject before concluding my message.
CONFEDERATE WIDOW'S PENSIONS
For years there has been a movement on the part of the United Daughters of the Confederacy, the Sons of Confederate Veterans and many other organizations for widows who married subsequent to 1881 to be paid confederate pensions. You have provided for them to be paid $30.00 per month and furnished financial security for these fine people who rendered service to Georgia during the reconstruction period.
By this act you not only discharged an obligation most of the people of our state felt we owed to this class of our citizens but you have made happy hearts of some fifteen hundred of these old people.
For this splendid, patriotic and humanitarian service this Assembly is to be commended.
LEGISLATIVE POWER
Thomas Jefferson said the ideal system under a Demoratic government would be for the representatives of the people to be in session all the time. He meant by this statement that of the three branches of government that the legislative branch is the most important to the people and, if any branch should take precedence, it is the legislative branch. The tendency in recent years in Georgia has been toward a restriction of the legislative branch of the government and a building up of a stronger executive branch of the government. The executive branch of the government stays in session all the time. The judicial branch stays in session at its will. But there has constantly been built up a throttling of the legislative branch in Georgia.
When this administration came into office the Assembly had been reduced to a meeting once every two years and to an impotency to meet in an emergency when it was necessary to do

WEDNESDAY, FEBRUARY 2, 1938.

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so in the interest of the people. You have passed an enabling act at this session that enables the Assembly to convene itself in emergencies where the chief executive fails or refuses to do so. This is a strikingly strengthening of the legislative branch of the government. It gives a protection to the people from a chief executive running riot with their rights that will be not only a deterring influence on ruthless chief executives in the future but will enable the legislative branch to function effectively for the people when necessary. If this special session did no more than to strengthen the position of the legislature in the functioning of the governmental affairs of the state, it would be tremendously worth while. I am very anxious to strengthen the legislative position at every possible point.

There is now in the House a bill passed by the Senate, making it mandatory that all statutory appointments by the Governor be submitted to the Senate for confirmation. This is a further strengthening of the legislative position. No governor should make appointments in the State government, fixed by law to be made by him, who cannot run the gauntlet of investigation by the people's representatives in the State Senate. No governor should want appointees filling places in the government who cannot withstand the searchlight of Senate confirmation as to their character, ability and patriotism.

This bill will place in the hands of the Senate an effective

weapon against types of appointees with whom the State has had

a disastrous experience in the past. Lest it be thought that I

want, by this legislation, to put a control over future governors

that I arri not willing to submit to during my term of office, I

have asked that a provision be written into the bill, making it

apply as of January 1, 1937, so that all of my appointees made

under the responsibility of the statutes be subject to like con-

firmation.



I urge the House to pass this bill in its present or some amended form, because I believe it is an essential strengthening of the legislative functioning toward efficient and wholesome government for the people of the State.

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SOCIAL SECURITY
You have very properly passed legislation relieving the necessity of applicants for old age pensions to sign a lien upon their property.
While this provision had to go into the original act pending a demonstration of our ability to administer our social security act under requirements of the federal government; our administration of social security has been such that this requirement has been lifted, and the legislation you have passed striking it from the law will meet the general approval of the people.
At the time we passed our employment insurance compensation it was necessary that we provide that benefits start January 1, 1939. This was because the federal law provides that two years' collection of tax must be made to build up a reserve fund before benefits are started. The federal government had collected the payroll tax in 1936 because our law was not written until 1937, and at the time of the regular session we did not know whether or not we would get returned to us these 1936 collections. Therefore, we had to base our law accordingly. Since then the national congress has provided for a return to us of these 1936 collections, so that we now have two years of the payroll tax for our reserve. You have, therefore, very properly provided that we can start paying benefits under the unemployment compensation provision beginning July 1, 1938. There remains a technical provision to be cleared up with the national administration, in that the national act provides that the state itself must have been making these collections for two years. It is questionable, therefore, as to whether or not we can count the 1936 collections made for us by the federal government in reckoning our two-year period. There is an amendment to the national social security act pending in congress reducing the requirement from two years to one, which, if passed, will enable us to function under the amendment you have passed. I have every confidence congress will pass this amendment, since it is recommended by the social security board and leaders who have been interested in social security legislation. Of course, this amendment you are passing cannot take effect unless the congress passes the amendment to the national law, or we can get some plan worked out with the federal government in lieu of the amendment, but you have at

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least done your part on providing the necessary legislation, and you are to be commended strongly for doing so. This will not only relieve much suffering among our employed, but will put money into circulation, which will help people and business generally in the State.
Under the original social security act, passed at the regular session, we did not provide assistance to crippled children. This was because we did not know whether or not we would be able to take this feature of the social security program. We found that the demands for assistance to crippled children were so great that we should include aid for them in our program and match federal funds for this purpose. You have amended our social security act so as to enable benefits for this class of our unfortunate people. Hundreds of crippled children will, therefore, be benefited and they will ever bless the name of this Assembly.
MISCELLANEOUS PROGRESSIVE ACTS
You have passed some very progressive legislation of a miscellaneous nature that will contribute to the progress and be attractive to the expansion of business in our State.
The building and loan enabling act will enable these institutions to operate in the State, and give our people full benefit of the federal housing act. It will result in construction and repair of homes by our people and, coupled with the home exemption act, should make for a marked increase in ownership and occupancy of homes. I predict that with home exemption, the federal housing act and the building and loan association act you have passed, together with the liberal feature of the intangible tax act, as applied to homes up to $5,000, that there will be a building program in this State which in a few years will place Georgia among the first states in the nation in percentage of owneroccupied homes. This is devoutly desired because Georgia now ranks last in home ownership. 52% of our farmers are landless. Georgia ranks second among the states in farm tendency, and 37% of farm land occupied by owners is mortgaged.
You have passed a corporation charter act that simplifies the obtaining of charters and makes available information about corporations at a central office in the State Capitol, the Secretary of

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State's office, and makes possible the merger of corporations. This gives Georgia as favorable a corporation law as any state in the Union. No longer can there be any excuse for business groups to obtain their charters in Delaware or Florida. The simplicity of the act will enable lawyers in the rural sections and small communities to represent corporate clients efficiently on a par with those having more extensive libraries in the urban centers. This bill is a boon ~o business. It is a progressive step for which you have been widely commended by the press.
The House has passed a uniform warehouse act that will give our farmers and naval store operators a more liberal line of credit at a lower rate of interest, and will otherwise simplify and facilitate the storing and handling of agricultural products. Heretofore many of our naval stores operators have had to store their products in adjoining states by reason of lack of such legislation in our own State. This has entailed an expense to our people and a loss of business to our State. I urgently recommend that the Senate promptly pass this importint piece of legislation for the benefit of the agricultural interests of our State. There are other agricultural bills sponsored by the State Department of Agriculture that should be passed in my judgment.
You have passed legislation to permit insurance companies to invest in building and loan companies. This will furnish wider capitalization of these business institutions and will furnish a larger flow of money for the building of homes. It should be a fine stimulant to home building.
You have also provided for a simple and effective procedure for incorporation of timber protective associations. The vast timber lands of this State constitute one of the greatest assets of this State. Our timber resources are becoming more valuable as Doctor Charles H. Herty in his research work has opened up wider uses for timber products. This act, fostering and encouraging the organization of timber protective associations, is most progressive indeed.
You have passed a constitutional amendment to permit counties to include in their tax levy an item for the protection of timber. This is a progressive amendment and is very much needed and wanted by many of our counties in the timber belts.

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I commend you for submitting this amendment to the people so those counties who desire to ngage in this fine work may be in position to do so.
The Senate has passed, and there is now pending in the House, a bill providing for the perpetuation of the work of Doctor Berty. It provides for the creation of a Berty foundation and gives an opportunity for our sister southern states to contribute to this work. The State has already been contributing to Doctor Berty's work and now owns considerable property in the Herty laboratory. I understand that the value of this property is about $150,000. The Chemical Foundation that has been contributing to Doctor Berty's work has discontinued its contribution by reason of the death of its President and the expiration of some of its charter provisions. The condition of the Chemical Foundation is such that Doctor Berty has been advised that he cannot expect any further help from this source. Many of our sister southern states are receiving the benefits of Doctor Berty's researches. Millions of dollars of investments in pulp mills have been made in these states. A canvas of these states indicates a willingness on their part to contribute to the future work of the Berty Laboratory in the event a proper legal setup is made and provision is had whereby they may be represented in an advisory capacity. The pending bills, if passed by the House, will accomplish this end.
The work of Doctor Herty has given Georgia credit for another important discovery, of which our State is justly proud. It has enabled the attraction to our State of millions of dollars in industry and the giving of employment to thousands of our people. There is the problem of so regulating the cutting of our timber by these pulp mills as not to denude our lands. This problem is being studied and, when solved, (as it will be) will eliminate this objectionable feature of these mills.
Doctor Berty is now in the midst of finishing an experiment by which he will in all probability develop a practical means of utilizing gum trees in the making of paper. He tells me that his experiments should, and he believes will, open up the manufacture of newsprint mills, whereby there will be two newsprint mills for every paper mill now located in the South.

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I urgently recommend that the House complete the passage of this bill providing for the Berty foundation.
In this connection it is essential that Doctor Berty's work not stop pending the organization and functioning of the foundation supported by all of these southern states. The operation should have an annual support of $100,000 per year. It will take a few months to get the foundation organized and money paid in by these other states. In the meantime he needs financial support to carry on his work. The House has passed a bill to appropriate $20,000 to Doctor Berty. The vast benefits flowing from the appropriations we have made to him in the past causes me to urge that the Senate pass this appropriation bill to give to the Wildlife Division the funds of the Contractors Board not needed for the operation of the Board, which by inadvertence was left unappropriated at the regular session. The purpose of this is to enable the Wildlife Division to clear up its debts left over by the last administration and give it a full opportunity to function in conservation of the game and fish resources of the State.
I recommend that you amend this bill and appropriate the excess fees now on hand of the Contractors Board, not necessary for the operation of the Board, to the Natural Resources Department to be used jointly to pay the $20,000 appropriation for Doctor Berty and the debts of the Wildlife Division, and provide that funds from these fees be allocated to the Natural Resources Department, to be divided between the divisions of Wildlife, Forestry, Geology, and Parks, proportionately. This revenue comes from fees paid by Contractors and not from the general treasury. It represents at present unappropriated revenue in the State budget. I believe that it can, without objection from the source from whence it comes, be properly utilized for our Natural Resources Department, which is sorely in need of funds.
In this same connection there is pending an appropriation of $100,000 to be used as a revolving fund by the Parks Division. This money will merely be set up in the State treasury to permit the Parks Division to use it in building cabins at our State parks for rent to our own people and to visitors to our State. The

WEDNESDAY, FEBRUARY 2, 1938.

1521

rents will be back into the revolving fund and there will be no loss to the treasury. The Parks Division was able to rent cabins it built last season the entire season for enough to practically pay for each cabin during the season, and had to turn down hundreds of requests for rental of cabins. It seems, therefore, a wise thing to do to make available this revolving fund that will permit them to build a few cabins each season and pay the money back at the end of the season in rents.
While I realize that this is no time to make extra appropriations, I do believe that the comparatively nominal amount involved in the Berty and Natural Resources appropriation from contractors fees, and having available these fees that can be devoted to these purposes, justifies me in urging these measures; and the benefits from the revolving fund in opening up opportunities for recreation for our own people and attracting visitors to our State, especially in view of the fact it does not involve any loss in funds, justifies me in urging this revolving fund for our Parks Division.
BUILDING PROGRAM FOR ELEEMOSYNARY INSTITUTIONS
The eleemosynary buildings are a source of much anxiety to this administration. Past administrations have permitted these buildings to go without repairs and without proper expansion and have just handed them over into the laps of the next administration so long that I fear this administration will not be able to pass them into the laps of the next one, even if we so wanted. Besides this, there is no inclination on my part to shirk any responsibility toward these eleemosynary institutions. While the insane asylum is the most pressing problem, the school for the deaf at Cave Springs is in just as bad condition and the need for expansion at Alto is just as urgent from the standpoint of meeting the overwhelming demands to care for tubercular sick.
At the regular session we allocated funds from the Chain Store Tax Bill to go for this purpose but we omitted to appropriate these funds. You have an appropriation bill pending to cure this technicality. I trust you will pass it.

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The House has passed a bill amending the chain store tax. I understand there is some difference of opinion in the Senate about it. I urge the Senate to complete the amendment of the Chain Store Tax Act in some form immediately so that any differences may be worked out as promptly as possible in conference.
This will make available to the building program a sum that can only be estimated after final passage of the amendment to the Chain Store Tax Act.
There is pending in the House, already passed by the Senate, a bill known as the debenture bill, providing for the use of the anticipated money from the chain store tax a year in advance for buildings for the eleemosynary institutions. I trust the House will promptly pass this so as to put us in position to immediately use this allocated money. Whether this will give enough money to meet even the most pressing needs, I doubt. It will, however, furnish a measure of the needed relief.
In addition to the foregoing I recommend that you authorize the discount of W. & A. rentals, provided we can receive a satisfactory offer for their discount, for the purpose of assisting with these eleemosynary building needs. I do not want to discount the W. & A. rentals if we have to take too much less in doing so. The market, since I have been Governor, for the discount of these rentals, has at intervals been good and at intervals been bad. At the moment the market is not good. It may be that we cannot afford to discount them at all but if we should have a favorable market for them, and the needs at the institutions demand, I would like to be authorized to make the discount and supply the needs. I have been reluctant to.recommend a discount of the W. & A. rentals. Other administrations have discounted them for operating expenses. I doubt very seriously the wisdom of discounting them even for capital investment. But a building emergency such as exists at the eleemosynary institutions, and which would be a capital investment, may
arrant a discount of a sufficient amount of these rentals to w eet these building emergencies, provided we do not have to mke too heavy a loss. Since the discount of these rentals for ta erating expenses has been approved heretofore, it seems in op

WEDNESDAY, FEBRUARY 2, 1938.

1523

order to ask permission in such an emergency as we have at our eleemosynary institutions, to ask permission to discount these warrants for capital investment in buildings.
OTHER NEEDS
Having met the need of the extra school teachers for the extra two hundred thousand children through increasing the beer tax, and having to an extent met the eleemosynary building needs when you have carried out the foregoing recommendations in that behalf, and having met the Herty and Wildlife situation and the Parks emergency, if the foregoing recommendations are carried out, we then reduce our fiscal problem down to the question of paying 100% the appropriation bill passed at the regular session.
NEED IMPERATIVE
I urge you to provide funds to pay this appropr1at10n bill 100%. The bill is reasonable. The total of our regular appropriation bill is $20,000,000 less than the budget of the State of Alabama. It is less than the budget bill of every adjoining State, except South Carolina, and almost identical with South Carolina. The ability of the people of Alabama to pay for governmental services is less than the ability of the people of Georgia to pay for governmental services, in that we have more people and a larger total" annual income. Certainly it is not unreasonable to ask a budget of governmental services for Georgia $20,000,000 less than Alabama. The total income of the people of this State is larger than most of our sister states, and is practically double that of South Carolina. When our budget is only the same in amount as the budget of South Carolina, a State with only about one-half of our total State income, certainly it cannot be said that the budget of Georgia is unreasonable.
Our budget calls for only a seven-months minimum term of school when everyone knows that children should go to school nine months. Certainly to ask for a seven-months term of school, when we should have nine, is not unreasonable. We are giving to the support of our common school system $9,637,000, the average amount given in support of common schools

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from the State Treasury by States adjoining us is $11,738,555.
Georgia's social security program calls for less than $10.00 per month average in old age pensions, instead of $30.00 per month. Certainly this is not unreasonable. Georgia's other features of social security are about one-third of the maximum; therefore, it cannot be said our social security program is unreasonable. Our present social security program paid in full will not cover much more than one-half the applicants who need it, even at the one-third of the maximum benefit each. Our Social Security Program is nearly a half million dollars less than our smaller sister state of Florida; certainly ours is not unreasonable.
Our health program is much less than our needs. If paid in full, it would be $600,000. The Atlanta Constitution, known throughout the country as one of the most conservative papers in the south, and indeed one of the most conservative in the nation, said editorially long ago, as have other leading dailies, that we should have one and a half million dollars of state appropriations for public health. Certainly, if a conservative estimate of our needs for public health is one and a half million dollars, it cannot be said that we are unreasonable when we ask for slightly more than one third of that amount. Especially is this true when we apply it to the health of the young in our State. One third of all deaths occur in Georgia by the end of school age. The economic loss thereby is tremendous. One out of every eight babies born in Georgia never lives to see a birthday. 40.7% of all babies in Georgia in 1936 were born without medical assistance. Dental disease is the most universally prevalent of all diseases in Georgia, and yet the payment of the appropriation to public health work in full barely touches relief from these diseases.
The benefits to our people from the expanded public health program are already demonstrating vast results. A few random facts in comparison may be helpful. Comparing the last six months in 1937, with our new health program in effect, limited though it has been in proportion to our needs, to the last six months of 1936, shows that we reduced many diseases tremendously.

WEDNESDAY, FEBRUARY 2, 1938.

1525

We reduced during this period:
Diphtheria ....................... 17%
Dysentery ........................ 80%
Influenza ......................... 46%
Malaria .......................... 95%
Pneumonia ....................... 32%
Infantile paralysis ................. 71% (in cooperation with Warm Spring's Foundation.)
Scarlet Fever ..................... 45%
Tuberculosis ...................... 9% (small percentage of reduction of tuberculosis in comparison with other diseases due to lack of facilities at Alto)
Typhoid Fever.................... 33%
Typhus Fever .................... 29%
Maternal deaths. . . . . . . . . . . . . . . . . . 9%
Infant deaths ..................... 17%
There were a total of one thousand less deaths from communicable diseases during the last six months of 1937 compared with the last six months of 1936. These reductions have been brought about by reason of activities made possible by the increased appropriation to the Department of Public Health.
During the last six months of 1937 there were 26% more immunizations given for small pox, 44% more immunizations for diphtheria, and 37% more immunizations for typhoid than during the last six months of 1936.
During the same period above stated 88% more expectant mothers received health service and guidance than during the same period of 1936.
We should certainly pay our public health appropriation in full and, when we have done so, we will have furnished only slightly less than one third of the funds estimated to be needed.

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We are giving to the support of our University system only $2,080,000; compared with the support given by our smaller sister southern state of Alabama, of $2,385,901. Certainly it cannot be said that our support is unreasonably large.
You passed a stabilization fund bill, which is of assistance in maintaining money in the treasury with which to make budget payments during the lean periods of the year with money tolled from the fat periods. Nevertheless, it about evens itself up at the end of the year and is of no benefit in the total final annual payments of the appropriation bill.
Thousands of school children of the State have come to the Capitol while you have been in session. They have come by the Governor's office. They were happy because of our appropriation to the schools. We must keep faith with these children. I am not going to let them down, and I don't want you to let them down. Thousands of unfortunate people I have seen and you have seen suffering at Milledgeville will have to have their appropriation cut unless we pay the budget bill in full. They should not be let down. The inmates in the other eleemosynary institutions should not be let down. I receive hundreds of letters daily from old people, blind people, crippled children and dependent children; I am not going to let them down; and I don't want you to let them down. We will let these children and unfortunate people and sick people down if we do not pay the appropr\ation bill in full.
I will get just as much salary, and you will get just as much per diem and mileage, whether the appropriation bill is paid in full or not. You and I are getting out of the government our full compensation; we are getting paid in full. The least we can do is to pay these children, the sick and unfortunate people in full. What I am fighting to do is to give the citizens of the State what they ought to have out of government and what you and I have said by the passage of the appropriation bill they ought to have out of the government.
I know that there has been a great hue and cry against tax measures by our enemies and by special interests. These lobbyists of special interests are tryirig to serve their own interests, which they are obligated to serve and cannot be blamed for

WEDNESDAY, FEBRUARY 2, 1938.

1527

serving. However, you and I sought election to our respective offices and have obligated ourselves by our oaths to serve these school children, these insane people, these old people, these sick people, these crippled and blind, and these dependent children. If we haven't the courage and the ability to discharge our obligations to our people, which we voluntarily assumed and sought an opportunity to serve as efficiently and as effectively as representatives of the special interests serve their obligations, it is an indictment of our tenure in office.
I have no malice toward anyone. I am not undertaking to penalize anyone. But my sole obligation is to the people of this State, to render them the governmental services they want, deserve and ought to have. These people cannot send lobbyists to the State Capitol; they look to us as their ele.cted representatives to do the job for them. I do not want to hurt business or any business enterprise. I want a fair system of taxation, but I want a system that will raise adequate revenue to pay this appropriation bill in full.
Any tax measure you pass will have imperfections. Any tax measure may affect adversely some particular business, but the failure to raise adequate revenue to pay this appropriation bill will adversely affect the biggest business in Georgia, the education of the boys and girls, the health of the people, the caring for our unfortunate wards and for our aged, our blind, and our dependent and crippled children. It is better for any business enterprise in this State to suffer temporarily than it is for the school children, the aged, the blind and unfortunates to suffer. So, if it comes to a choice of who shall suffer, as for me and mine, we're on the side of the school children, the old people, the dependent children, the blind, the crippled, and the sick folks and the wards of our eleemosynary institutions.
When we take into account the revenue measures that have already passed the regular session and this special session; when we take into account the reorganization bill as finally passed; when we take into consideration the state revenue from the liquor bill; we will still lack, by a very conservative estimate, a minimum of two and a half million dollars with which to pay 100% this appropriation bill. The only way to get this two and

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JouRNAL oF THE HousE,

a half million dollars is by some form of taxation. The State Auditor, the State Treasurer and the Revenue Commission estimate that we will lack even more than two and a half million dollars, but I am willing to exert every effort of economy and efficiency and take a chance by effective administration of what you have passed, if you will now provide a minimum of two and a half million dollars additional annual revenue.

I am pleading for a balanced budget. Some insist that we do not know accurately what the measures we have passed will produce in revenue. This is true. But the only position I can take is to rely on the estimates of the fiscal officers of the state government. I am distributing to you a copy of their detailed estimates for you to study for yourselves. These estimates were prepared before the reorganization and liquor bills were passed. I am allowing a million dollars for the reorganization bill in savings and additional revenue, and two million dollars for the liquor tax bill. I think a total of three million dollars for these two bills is liberal. You will note the estimated deficit shown by the estimates of the fiscal officers is five million, eight hundred thousand dollars for the next fiscal year, beginning July 1, 1938. Taking the three million from the liquor tax and the reorganization bill off of that figure, there is a remaining deficit of two million eight hundred thousand dollars. I am then allowing three hundred thousand dollars more for further economies I expect to make by cutting personnel to the bone, thus leaving the two and a half million deficit. I mention this is the way I arrive at this figure. Of course, on the fiscal year, ending July 1, 1938, just five months of which is now left, the deficit is not so great; yet, regardless of what is done, it will be hard to meet in so short a time as from now until July 1st. As you know, we have not been able to pay January teachers' salaries.

The counties insist that they need two and a half million dollars distributed to them on the basis of their loss of home exemptions. They insist that they need this money regardless of the five-point program I have mentioned as being hopeful of meeting to a great extent their losses. I am willing to join hands with you in giving them this two and a half million dollars or such part of it as you think they should have.

WEDNESDAY, FEBRUARY 2, 1938.

1529

If you figure to give the counties two and a half million dollars, then we should raise five million dollars of additional revenue if we are to pay the state budget 100% and give them two and a half million dollars. Whatever amount you expect to give to the counties, plus the two and a half million dollars for the State, is what we need to do a finished job of the program you have so wonderfully carried out to the present time, after passage of the re-organization and liquor tax bills.

This assembly has done a swell job, both at the regular session

and the special session. I have cooperated with you in every

way I know. I expect to continue to do so. I told you when I

came before you with my messages at the regular session, that I

had so much confidence in this Assembly, and was so determined

to cooperate with you, that whatever revenue measures a ma-

jority of you thought wise to pass to finance this program, I

would go with you. I told you the same thing when this session

opened. I have done that wholeheartedly up until now, and I

expect to do it in the future. The benefits of the program out-

weigh any inequity or iniquity by which you raise the money

to finance it. I had wanted to let you select, without direct

recommendation from me, how to raise this money. I think it

is the legislative prerogative to determine that. However, we

are down to the final close of the session with only one thing left

to do a 100% job of financing the program, and that is to raise

this amount of two and a half million dollars for the State, and

whatever amount, if any, up to two and a half million dollars you

want to give to the counties. I think we cannot afford to fail to

put this last finishing touch on the program, and do a good job

for the people.



HOW TO GET THE MONEY
It is obvious to me from talking with the members of the Assembly that the reorganization bill is the only part of the Martin program that you think wise to pass. The remainder of the miscellaneous bills, such as inheritance tax and insurance tax, and amendments to the general tax act, such as revising the corporation stock tax, which he suggested, you have seen proper not to pass.

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You have also thought unwise to pass that part of the Martin program with respect to affecting individual assessments in the county digests. I am persuaded that you are right in this under conditions in the State at the present time. Therefore, you have only enacted that part of the Martin plan as represented in the economy and efficiency and increase in revenue from the passage of the reorganization bill. This bill alone will bring benefits in economy and efficiency that is well worth the cost of this session.
It is obvious from my contacts with the Assembly that you think the gross income tax and gross receipts tax are unwise at this time. You have declined to pass a non-alcoholic beverage tax and voted down a reconsideration of it, which, under the Constitution, makes it impossible to pass such a tax at this session. I think it unwise to call another special session to consider this tax again on the heels of this session, due to the length of time this session has run and the element of doubt of its passage even if such was done.
I committed myself in the campaign for governor not to advocate a general retail sales tax. Whether I should have made that commitment or not is beside the question; I made it and therefore cannot advocate a general retail sales tax.
The sentiment of the people that I have contacted, the sentiment of most of the Assembly members I have contacted, seems to be that we should first tax luxuries or non-essentials before we tax necessities; that we should tax something the people do not have to have and do not have to use and can, from the standpoint of the necessities of life that they cannot live without. I know that tax economists and fiscal experts consider special taxes unsound and prefer a general tax, such as a general retail sales tax, a gross income tax or a gross receipts tax, to special taxes. I have always held that opinion too. Nevertheless, we have to face practical situations. Our very practical situation is that we already have many special taxes that we rely upon. We have a 20% tax on cigarettes and tobacco, which is not a necessity. We have a 20% tax on beer, which is not a necessity. You have placed a tax on liquor, which is not a necessity. So that pending such time, if ever, as we abandon

VVEDNESDAY, FEBRUARY 2, 1938.

1531

special taxes and go to a general broad base tax, such as a general retail sales, gross income or gross receipts tax, we apparently can only hope to finance our budget by special taxes.
Therefore, the only practical way that I see to raise the money necessary to pay the State budget 100% is to recommend to you that you pass a luxury or non-essential special tax, with as broad a base as possible not to cover the actual necessities of life, to raise this additional two and a half million dollars, just as you have taxed beer, wine, tobacco and liquor.
I recommend that you substitute such a luxury or non-essential tax bill for one of the pending revenue bills, ripe for third reading in the House, where all revenue measures must originate, and that you pass promptly such a luxury or non-essential tax sufficient in amount to raise two and a half million dollars of revenue for the State, plus whatever amount you determine you want to give back to the counties.
I think that whatever amount you give to the counties you should distribute on the basis of their proportionate part of the loss from the home and household exemptions, as compared with the total state loss from these exemptions. This would be fair. I think it should be distributed for the purpose of paying court expenses in these counties so as to make the distribution legal. The practical handling of the funds down in the counties will take care of itself.
If you pass such a bill, in addition to what you have already passed, in my opinion we will pay the appropriation bill in full for the next fiscal year. I know this recommendation will not be met with favor universally. But I believe the people of the State, as a whole, would rather have a luxury tax bill passed and the money raised to pay this budget 100% and take care of the counties adequately than not to have it passed and these needs neglected.
I stand ready to take the full responsibility of the passage of it on my shoulders, if you wish, to complete financing the program and helping the counties. I know what adequate financing of this program means to this State and I know that the benefits of this program far. outweigh the burdens that will be imposed as a result of the passage of such a tax.

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I wish to emphasize again, however, that if you do not wish to pass a luxury or non-essential tax to raise this needed two and a half million dollars for the State, I have such confidence in you, and in the benefits of the program, that I will approve such tax measure, or measures, as you do pass to raise this sorely needed money. And, of course, if in the light of the fiscal officers' estimates of the existing and prospective deficits, you think it wise to not pass any other revenue measures that is your prerogative, and I will do the very best possible with what money becomes available. But it is my duty to let you know the tragic plight of our schools and other activities if we cannot pay them as we have promised.

HARD WORK THIS WEEK
I am working fifteen to eighteen hours each day. I enjoy my work. I sometimes get jaded and tired. But I am giving the people of this State fifteen to eighteen hours every day of my time at hard, conscientious work, trying to make a good governor. Doing this myself, I feel free to ask each member of the House and Senate that we stay in session long hours each day and night to finish this job so we can soon adjourn. Every member has discussed pro and con every sort of tax for weeks and every member knows whether or not he or she is willing to vote for a luxury tax to finish the job. And if so, what tax, if any, you will vote for to finish the job.
If you are not willing to vote for this additional money, it's your right to say so and adjourn. But the appropriation bill will not be paid in full and the teachers and the old folks will have to be cut down. If you are willing to pay the bill by substituting such a tax bill for one of the pending measures, ripe for third reading, it can be passed by the house promptly, and the Senate can pass it, within the next few days, if we stay on the job and work hard day and night.
The other measures of major consequence in the calendar of both Houses can be disposed of this week one way or the other if we work hard every member stays in his or her seat so as to furnish a full House and Senate attendance.
I know there are those who are trying to prolong the session

WEDNESDAY, FEBRUARY 2, 1938.

1533

and trying to block the program. I know there are those who are trying to inject partisan politics into the session. Most of this comes from outside, and I dare say that practically 100% of the members of this Assembly would be against such practices except from outside influences. I hope that those members who are subjected to outside influences to bring partisan politics here or to obstruct the payment of the appropriation bill in full declare a truce for this week and not be fillibustering or using dilatory tactics to delay the completion of the work of the Assembly.

CIVIL SERVICE
If the luxury tax act or some other tax measure is passed and the money raised to finish the job of financing this program, you will have carried out every plank in the democratic platform save one; that is civil service. I do not want to appear too persistent about civil service and I hope that you will understand the spirit in which I again mention it in this message. Being a part of the platform of the Democratic Party, I feel that I should mention it to you again. The Senate has passed the bill and it is now in the House Committee. If you do not like it in its present form, I hope you will amend it and pass it in some form. As with the luxury tax, I will take upon my shoulders the full responsibility of asking you to pass it. I know we cannot have the efficiency and economy in State Government the taxpayers ought to have without some form of merit system for employees. If you will pass this civil service bill in the best form the majority of you can agree upon and watch me administer it until the next session of the legislature, if I have not reduced the percentage of overhead cost of operation of the State government and put the State government on a more satisfactory and efficient basis of operation, I will join you in repealing it. I would like so much to be able to say we carried out the Democratic Platform 100%. It will be the most astounding accomplishment of all times on the part of an Assembly and a Governor. I would like to be able to carry it out because it is sound and right. That platform was written by some of the most conservative and experienced and ablest students of government and life in this State; such as:

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JouRNAL oF THE HousE,

Hon. Clark Howell, Sr., who for thirty years was National Committeeman of the Democratic Party and a leader in Public affairs;
Hon. J. J. Spalding, of Atlanta, Hon. I. S. Peebles, Augusta Han. H. T. Mcintosh, Albany Hon. J. A. Fort, Americus Hon. 0. E. Petry, Columbus Hon. H. W. Flournoy, Macon Dr. J. M. Smith, Valdosta Hon. Kirk Sutlive, Blackshear Mrs. Virginia Polhill Price, Louisville Mrs. A. B. Conger, Bainbridge Dr. R. J. Kennedy, Statesboro Hon. J. Harold Saxon, Quitman Hon. H. Dixon Smith, Columbus
Hon. James J. Flynt, Griffin
Han. Marion Smith, Atlanta Hon. Warren L. Grice, Macon Hon. J. J. Mangham, Bremen Hon. W. W. Webb, Hahira Hon. J. B. Jones, Gainesville Han. J. K. Gholston, Comer and Hon. Tom Clemmons, Rome Many editors acclaimed this the strongest platform committee in the history of the Party in this State.

WEDNESDAY, FEBRUARY 2, 1938.

1535

CONCLUSION
Finally, this will probably be my last message of this session, except for an informal goodbye.
I want to tell you, regardless of what you do between now and the end of this session, you will go down in history as the greatest General Assembly this State has ever had. I have not one thing against those who have differed with me. I hope the people of this State will send this Assembly, as nearly intact as is possible, back to the State Capitol in 1939. I love you. I've enjoyed working with you. You have made a marvelous-almost miraculous-record, and people in future generations will ever look back and call your name blessed. You have wrought better than any of us can fully realize.
May God bless you in the continued work of this week to do a finished job for the people of Georgia.

Mr. Sutton of Wilkes moved that the joint session of the House and Senate do now dissolve, the motion prevailed, and the joint session was dissolved.
The Speaker called the House to order.
Mr. Sutton of Wilkes moved that the House recess for one hour, and the motion prevailed.
2:00 o'clock P. M.
The Speaker called the House to order.
Mr. Watkins of Butts asked unanimous consent to take from the table, the following bill of the House, to-wit:
By Mr. Watkins of Butts-
House Bill No. 243. A bill to be entitled an Act proposing an amendment to the Constitution providing for payment by the State of certain debts in counties of a certain population, and for other purposes.
Objection was heard to the unanimous consent request.
The following bill of the Senate was again taken up for consideration:

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JouRNAL OF THE HousE,

By Senator Pope of the 7th District-
Senate Bill No. 51. A bill to be entitled an Act to amend the Act entitled "Board of Photographic Examiners," as the same appears in the Act of 1937, and for other purposes.
The following committee amendments to Senate Bill No. 51 were read and adopted:
The committee moves to amend Senate Bill No. 51 by striking from Section 1, Subsection C, Paragraph 4 after the words" practice photography" the words "and shall serve not less than three full years of apprenticeship before making application for examination for license as a photographer."
The committee moves to further amend Section 1, Subsection C, Paragraph 5 under the definition "licensee" by striking the word" employee" and the word" receptionist."
The committee moves to amend Senate Bill No. 51 by adding to Section 2 thereof a new paragraph as follows: "All such itinerant photographers shall be required before doing business in any county to pay the State license tax for each county as now provided by law and upon failure so to do the State Board shall have the right to revoke the license of such itinerant photographer or photographers."
The committee moves to amend Senate Bill No. 51 by adding at the end of Section 2 the following words:" and shall pay the Ordinary therefor the sum of Fifty ($0.50) Cents."
The committee moves to amend Senate Bill No. 51 by striking from Section 8 thereof the words and figures" Twenty-five ($25.00) Dollars" wherever they appear and by inserting in lieu thereof the words and figures" Fifteen ($15.00) Dollars." And by striking from said Section 8 the words and figures "Ten ($10.00) Dollars" wherever they appear and by inserting in lieu thereof the words and figures" Seven Dollars and Fifty Cents ($7.50)."
The committee moves to amend Senate Bill No. 51 by striking Section 9 thereof in its entirety.
The committee moves to amend Senate Bill No. 51 by striking from Subsection C of Section 12 the figures" Ten ($10.00) Dollars" and inserting in lieu thereof the figures "Three ($3.00) Dollars."

WEDNESDAY, FEBRUARY 2, 1938.

1537

An amendment offered by Mr. Culpepper of Fayette was read and lost.
The following committee amendments to Senate Bill No. 51 were read and adopted:
The committee moves to amend Senate Bill No. 51 by striking from Section 15 thereof the words and figures "Seven Dollars and Fifty Cents ($7.50)" wherever they appear and inserting in lieu thereof the words and figures" Five ($5.00) Dollars."
The committee further amends said Section 15 by striking from said section the words and figures "Ten ($10.00) Dollars" wherever they appear and inserting in lieu thereof the words and figures "Three ($3.00) Dollars."
The committee moves to amend Senate Bill No. 51 by striking from Section 18 the words "County Court Clerk or other official" and inserting in lieu thereof the words "Ordinary of said County."
An amendment offered by Mr. Parker of Colquitt and others was read and lost.
Mr. Evans of McDuffie moved that the House reconsider its action in failing to adopt the Parker amendment to Senate Bill No. 51.
On the motion to reconsider, Mr. Jones of Brantley moved the ayes and nays, and the call was not sustained.
On the motion to reconsider, the ayes were 72, nays 74, and the motion was lost.
Mr. Weaver of Bibb moved that the bill be tabled, and the motion was lost.
Mr. Hastings of Fulton moved that the House do now adjourn until 9:30 o'clock tomorrow morning.
On the motion to adjourn, the ayes were 67, the nays 76, and the motion was lost.
An amendment. offered by Mr. Parker of Colquitt, to Senate Bill No. 51, was ruled out of order.
Mr. Houze of Lowndes moved that the House do now adjourn until 9:30 o'clock tomorrow morni.ng, and the motion was lost.

1538

JouRNAL oF THE HousE,

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, Mr. Jones of Brantley moved the ayes and nays, and the call was sustained.
On the passage of the bill, as amended, the roll was called and the vote was as follows:

Those voting in the affirmative were Messrs.:

Almand

Groover

Bargeron

Grubbs

Beck

Hamby

Bennett

Hand

Brewton

Harrell of Brooks

Brown of Peach

Harrell of Irwin

Campbell

Harris

Candler

Harvey

Carmichael of Randolph Hastings

Claxton

Hayes

Clements

Hill of Screven

Cochran

Hollis

Coleman

Horne

Corbett

Houston

Coxon

Houze

Croker

Jackson

Dampier

Joel

Daves

Jones of Dodge

Davis

Jones of Elbert

Deal

Jones of Jenkins

Dean

Kendrick

Dollar

Key

Douglass

Kirbo

Edwards

Lanham

Elliott

Lanier

Ennis

Lewallen

Ferguson

Lewis

Flanders

Mankin

Fowler

McCravey

Freeman

McGehee

Gammage

McNall

Goff

Milam

Grayson

Moore of Baldwin

Gross

Moore of Haralson

Moore of Taliaferro Morris Moss Mundy Newby Newton Oden Palmour Perry Preston of Walton Ragan Rawlins Reid of Carroll Reid of Wilcox Rountree Sams Sapp Saunders Simmons Smith of Dodge Striplin Swindle Tate Trapnell Vickery Wall Ware Warnock Welsch Whipple Williams of Jones Yeomans Zellner

WEDNESDAY, FEBRUARY 2, 1938.

1539

Those voting in the negative were Messrs.:

Ansley Barlow Barnard Barrett Blease Bond Bridges Brooks of Jackson Brooks of Oglethorpe Brown of Greene Carmichael of Cobb Clark Clary Culpepper of Fayette DeFoor Dugas Dukes

Durden Evans Gavin Guyton Harden Harrison Hendrix Herndon Herrin Hill of Clarke Hogg Jones of Brantley Marshall Mavity Parker Peters Pilcher

Rees Rowland Sabados Sanders Sartain Scruggs Smith of Hemy Sutton Tapp Taunton Todd Walton Watkins Weaver Whaley Williams of Bacon Wilson

Those not voting were Messrs.:

Adams Allison Batchelor Booth Bradley Chappell Cogdell Cohen Culpepper of Mitchell Daughtry Drake Drinkard Dunn Ellington Erwin Etheridge Field Fitts

Gary
Hampton Hart Hodges Holt Johnson Jones of Bartow Keel Larsen Leonard Mamy Martin McCracken McGraw Middleton Miller Moore of Lumpkin Morgan

Musgrove Patten Peebles Phillips Pirkle Pound Preston of Bulloch Salter Smith of Muscogee Spence Thomas Trippe Turner Wages Warnell Whitaker Mr. Speaker

The roll call was verified.

On the passage of the bill, as amended, the ayes were 101, the nays 51.

The bill "having failed to receive the requisite constitutional majority was lost.

1540

JouRNAL oF THE HousE,

Mr. Lewis of Burke gave notice that at the proper time he would move that the House reconsider its action in failing to pass Senate Bill No. 51.
The following report of the Committee of Conference on House Bill No. 349 was submitted and read: Mr. President: Mr. Speaker:
Your Committee of Conference on House Bill No. 349 submit the following:
That the House recede from its position in not adopting Sections 1 and 2 of Senate Substitute to House Bill No. 349.
That the Senate recede from its position in adopting Sections 3 and 4 of Senate Substitute to House Bill No. 349.
That Section 5 of the Senate Substitute known as the repealing Section be changed to read Section 3.
Respectfully submitted, MILLICAN of the 52nd District,
HoLMES of the 22nd District,
SuTTON of the 47th District.
On Part of the Senate.
HASTINGS of Fulton,
KENDRICK of Fulton,
MANKIN of Fulton.
On Part of the House.
On the question of agreeing to the report of the Committee of Conference, the ayes were 104, the nays 0.
The report of the Committee of Conference was agreed to.
Mr. Sutton of Wilkes moved that the House do now adjourn until 9:30 o'clock tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 9:30 o'clock tomorrow morning.

THURSDAY, FEBRUARY 3, 1938.

1541

REPRESENTATIVE HALL, ATLANTA, GA.,

THURSDAY, FEBRUARY 3, 1938.

The House met, pursuant to adjournment, this day at 9:30 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

Culpepper of Fayette

Allison

Dampier

Almand

Daughtry

Ansley

Daves

Bargeron

DaVis

Barlow

Deal

Barnard

Dean

Barrett

DeFoor

Batchelor

Dollar

Beck

Douglass

Bennett

Drake

Blease

Drinkard

Bond

Dugas

Booth

Dukes

Bradley

Dunn

Brewton

Durden

Bridges

Edwards

Brooks of Jackson

Elliott

Brooks of Oglethorpe Ennis

Brown of Greene

Erwin

Brown of Peach

Etheridge

Campbell

Evans

Candler

Ferguson

Carmichael of Cobb

Field

Carmichael of Randolph Fitts

Chappell

Flanders

Clark

Fowler

Clary

Freeman

Claxton

Gammage

Clements

Gary

Cochran

GaVin

Cogdell

Goff

Cohen

Grayson

Coleman

Gross

Corbett

Groover

Coxon

Grubbs

Croker

Guyton

Hamby Hampton Hand Harden Harrell of Brooks Harrell of Irwin Harris Harrison Hart Harvey Hastings Hayes Hendrix Herndon Herrin Hill of Clarke Hill of Screven Hodges Hogg Hollis Holt Horne Houston Houze Jackson Joel Johnson Jones of Bartow Jones of Brantley Jones of Dodge Jones of Elbert Jones of Jenkins Keel Kendrick Key Kirbo Lanham

1542

JouRNAL OF THE HousE,

Lanier Larsen Leonard Lewallen Lewis Mankin Manry Marshall Martin Mavity McCracken McCravey McGehee McGraw McNall Middleton Milam Miller Moore of Baldwin Moore of Haralson Moore of Lumpkin Moore of Taliaferro Morgan Morris Moss Mundy Newby Newton Oden Palmour

Parker Patten Perry Peters Phillips Pilcher Pirkle Pound Preston of Bulloch Preston of Walton Ragan Rawlins Rees Reid of Carroll Reid of Wilcox Rountree Rowland Sabados Salter Sams Sanders Sapp Sartain Saunders Scruggs Simmons Smith of Dodge Smith of Henry Smith of Muscogee

Striplin Sutton Swindle Tapp Tate Taunton Todd Thomas Trapnell Trippe Turner Vickery Wall Walton Ware Warnell Warnock Watkins Weaver Welsch Whaley Whipple Whitaker Williams of Bacon Williams of Jones Wilson Yeomans Zellner Mr. Speaker

Mr. Dampier of Laurens, Acting Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

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.

THURSDAY, FEBRUARY 3, 1938.

1543

3. Second reading of bills and resolutions, favorably reported.
4. Third reading and passage of local uncontested bills and resolutions.
5. First reading and reference of Senate bills and resolutions.
By unanimous consent, the following bills and resolutions were introduced, read the first time, and referred to the committees:
By Mr. Zellner of Monroe--
House Bill No. 546. A bill to be entitled an Act to create a department known as the Georgia Marketing Commission, and for other purposes.
Referred to Committee on General Agriculture No. 2.
By Mr. Williams of Jones-
House Bill No. 547. A bill to be entitled an Act to amend the Highway Mileage Act by adding a certain road in Jones County, and for other purposes.
Referred to Committee on Public Highways No.2.
By Mr. Milam of Spalding-
House Resolution No. 168-547a. A resolution to provide that a bronze placque be set up and placed under the dome of the Capitol containing the names of the members of the General Assembly who participated in enacting the liquor measure, and for other purposes.
Referred to Committee on Temperance.
By Mr. Parker of Colquitt-
House Bill No. 548. A bill to be entitled an Act to amend an Act known as the Revenue Tax Act to legalize and control alcoholic beverages and liquors, and for other purposes.
Referred to Committee on State of Republic.
By Messrs. Grayson of Chatham, Freeman of Bibb, Dean of Rockdale, McNall of Chatham, Houston of Worth, and Harrell of Brooks-

1544

JOURNAL oF THE HousE,

House Bill No. 549. A bill to be entitled an Act to provide that each confederate veteran shall receive $480.00 per annum, and that each confederate widow shall receive $360.00 per annum, and for other purposes.
Referred to Committee on Special Appropriations.
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 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. 543. Do pass.
Respectfully submitted,
LANIER of Richmond, Chairman.
Mr. Sartain of Walker County, Chairman of the Committee on Engrossing, submitted the following report:
Mr. Speaker:
Your Committee on Engrossing has examined, found properly engrossed, and ready for transmission to the Senate, the following bills and resolution of the House, to-wit:
House Bills Nos. 520, 522, 530, 534, 536.
House Resolution No. 167.
Respectfully submitted,
SARTAIN of Walker, Chairman.
Mr. Groover of Troup County, Chairman of the Committee on Enrolling, submitted the following report:
Mr. Speaker:
Your Committee on Enrolling has examined, found properly

THURSDAY, FEBRUARY 3, 1938.

1545

enrolled, and ready for transmission to the Governor, the following bills of the House, ta-wit:
House Bills Nos. 79, 169, 453, 455, 456, 460, 465, 469, 471, 473, 476, 478, 479, 486, 422, 54, 122, 277, 281, 349, 369, 431, 437, 481, 482, 485, 490, 491, 493, 496, 498.
Respectfully submitted,
GROOVER of Troup, Chairman.
Mr. McGraw of Meriwether 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 Chairman, to report the same back to the House with the following recommendations:
House Bill No. 517. Do pass.
House Bill No. 527. Do not pass.
Senate Bill No. 125. Do pass.
Respectfully submitted,
McGRAW of Meriwether, Chairman.
Mr. McCracken of Jefferson County, Chairman of the Committee on Municipal Government, submitted the following report:
Mr. Speaker:
Your Committee on Municipal Government have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the House with the following recommendation:
House Bill No. 544. Do pass.
Respectfully submitted,
McCRACKEN of Jefferson, Chairman.

1546

JouRNAL OF THE HousE,_

Mr. Coleman 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 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. 540. Do pass.
Respectfully submitted,
CoLEMAN of Lowndes, Chairman.
By unanimous consent, the following bills of the House and Senate, favorably reported, were read the second time:
By Senator Lindsay of the 34th District-
Senate Bill No. 125. A bill to be entitled an Act to provide for the priorities of tax liens other than taxes on real estate, and for other purposes.
By Mr. Cohen of Chatham-
House Bill No. 517. A bill to be entitled an Act to amend Sections 34-9903, 34-9904 and 34-9905 of Chapter 34-99 of the Code of 1933, by providing that any person convicted under these sections shall be punished for a misdemeanor instead of a felony, and for other purposes.
By Mr. Sutton of Wilkes-
House Bill No. 540. A bill to be entitled an Act to authorize the Governor to set apart the rentals of the Western and Atlantic Railroad for a certain period for a special treasury fund, and for other purposes.
By Messrs. Carmichael and Welsch of Cobb-
House Bill No. 543. A bill to be entitled an Act to propose to the qualified voters of Georgia an amendment to the Constitution of Georgia so as to authorize the governing authorities of Cobb County to establish and administer districts for fire prevention, and for other purposes.

THURSDAY, FEBRUARY 3, 1938.

1547

By Mr. Herndon of Hart-
House Bill No. 544. A bill to be entitled an Act to amend an Act incorporating the Town of Hartwell so as to authorize the governing authorities thereof to pass zoning and planning laws for said city, and for other purposes.
By unanimous consent, the following bill of the House was read the third time and placed upon its passage:
By Mr. Reid of Wilcox-
House Bill No. 542. A bill to be entitled an Act to repeal an Act which abolished the office of County Treasurer of Wilcox 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 103, the nays 0.
The bill having received the requisite constitutional majority was passed.
By unanimous consent, the following bills of the Senate were read the first time and referred to the committees:
By Senators Millican of the 52nd District and Pruett of the 32nd District-
Senate Bill No. 131. A bill to be entitled an Act to amend Section 26-2503 of the 1933 Code of Georgia by providing punishment for robbery by intimidation shall be death or life imprisonmentinstead of two to twenty years, and for other purposes.
Referred to Committee on General Judiciary No.2.
By Senators Jackson of the 14th District, Millican of the 52nd District, and others-
Senate Bill No. 132. A bill to be entitled an Act to amend Section 68-301 of the 1933 Code of Georgia relating to speed of pneumatic tire vehicles, and for other purposes.
Referred to Committee on Public Highways No. 1.
By Senators Lindsay of the 34th District, Jackson of the 14th District, and Pope of the 7th District-

1548

JouRNAL oF THE HousE,

Senate Bill No. 133. A bill to be entitled an Act to authorize the State Highway Board to execute lease contracts or agreements granting easements on the rights of way, and for other purposes.
Referred to Committee on Public Highways No. 1.
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 resolutions of the House and Senate, to-wit:
By Messrs. Phillips and Palmour of Hall, Booth of Barrow, and others-
House Resolution No. 94. A resolution naming and designating a certain highway in honor of CoL Sam Tate, and for other purposes.
By Messrs. Groover, Ware, and Morgan of Troup-
House Resolution No. 129. A resolution relieving D. Yalovitz for certain taxes paid by him and refunding same to him, and for other purposes.
By Senators Atkinson of the 1st District, Purdom of the 46th District, Lindsay of the 34th District, and others-
Senate Resolution No. 63. A resolution requesting members of Congress from Georgia to vote against any measure which may tend to reduce the Federal Allotment of funds for highway construction in 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 constitutional majority the following bills of the Senate, to-wit:
By Senator Atkinson of the 1st District-
Senate Bill No. 136. A bill permitting counties of a certain

THURSDAY, FEBRUARY 3, 1938.

1549

population to regulate and control Barbecue Stands, Dance Halls, Road Houses, etc., and for other purposes.
By Senator Millican of the 52nd District-
Senate Bill No. 137. A bill amending the A<;t establishing the Municipal Court of the City of Atlanta, and for other purposes.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:
Mr. Speaker:
The Senate has adopted the report of the Conference Committee on the following bill of the Senate, to-wit:
By Senators Purdom of the 46th District and Lindsay of the 34th District-
Senate Bill No. 49. A bill to change the name of the Prison Commission of the State to "The State Prison and Parole Commission," and for other purposes.
Mr. Lewis of Burke moved that the House reconsider its action in failing to pass the following bill of the Senate, to-wit:
By Senator Pope of the 7th District-
Senate Bill No. 51. A bill to be entitled an Act to amend the Act entitled "Board of Photographic Examiners," as the same appears in the Acts of 1937, and for other purposes.
On the motion to reconsider, the ayes were 68, the nays 40, and the motion prevailed.
Mr. Ware of Troup arose to a question of personal privilege and addressed the House.
Mr. Blease of Brooks arose to a question of personal privilege and addressed the House.
Mr. Zellner of Monroe arose to a question of personal privilege and addressed the House.
Mr. Booth of Barrow arose to a question of personal privilege and addressed the House.

1550

JouRNAL OF THE HousE,

The following bill of the House was taken up for the purpose of considering the Senate substitute thereto:
By Messrs. Davis, Lanham, and Keel of Floyd-
House Bill No. 484. A bill to be entitled an Act to authorize the boards of education in counties of a certain population to create a retirement fund to pay pensions to teachers and other employees, and for other purposes.
The following Senate substitute to House Bill No. 484 was read:

A BILL
To be entitled an Act to authorize the board of education of counties having a population of not less than 48,666 and not more than 48,668 according to the census of the United States for 1930 or any future census, to create a retirement fund for teachers and employees of county school system, for the creation of a commission to administer such fund, to provide for the raising of such fund and to authorize such commission to provide terms and requirements for such retirement, and for other purposes.
Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same.
Section 1. In any county of this State which has a population of not less than 48,666, and not more than 48,668 according to the census of the United States for 1930 or any future census, the board of education of such county is hereby authorized to create a retirement fund for teachers and other employees of the county school system. Such retirement fund shall be administered by a commission of three persons, two of whom shall be appointed by the county board of education, and one of whom shall be elected by the teachers and employees of the county board of education entitled to the benefits of the said fund. Of the two persons to be appointed by the board of education, one shall be a member of the county board of education and one shall be a citizen of the county, and a resident of that part of the county which is included within the territory served by the

THURSDAY, FEBRUARY 3, 1938.

1551

county school system. This commission shall be called "The
Teachers Retirement Commission."
Sec. 2. Such retirement fund shall be created by contributions by teachers and other employees of the county board of education and by appropriations made by the county board of education as follows:
(a) For a period of 10 years after such retirement fund is created by any county, each teacher and other employee shall contribute monthly to said fund 2% of his or her monthly salary; but no such employee shall contribute more than two ($2.00) dollars per month. The board of education shall likewise pay into said fund monthly an amount equal to all of the contributions made by such teachers and employees such amounts being part of the compensation payable to such teachers and employees for their services to the county school system. During said period of 10 years the county board of education may contribute to such fund sums in addition to that herein specified as additional compensation as it may desire to appropriate.
(b) At the end of 10 years after such fund has been created by any county board of education, the commission shall cause to be determined on an actual basis the requirements for the proper future administration of such fund, and if such proper administration thereof require an increase of the contributions to be made by the teachers and employees, then the commission shall fix such larger percentage of contribution by said teachers and employees as in its judgment rnay be necessary; not, however, to exceed a total contribution of 3% of the monthly compensation of such teachers and employees with a maximum of six ($6.00) dollars per month. In the event of such increase the amount to be paid by the county board of education shall likewise be increased so that at all times the board of education shall pay an amount equal to the contributions made by the teachers and employees of the system.
Sec. 3. The said commission shall have the power to adopt rules and regulations under which teachers and employees of the system shall be retired for length of service and for disability upon rates of retirement pay to be fixed by such rules, depending upon age and length of service and such other circumstances as

1552

JouRNAL OF THE HousE,

the commission may deem important; Provided, however, that all of such teachers and employees shall be eligible for retirement at the option of the board of education, between the ages of 58 and 70 and shall be automatically retired at the age of 70, Provided, further, that no such rule or regulation may provide retirement pay at the maximum rate, hereinafter provided, for any person retired for age or length of service only until such person shall have served in said system, or in a system to which it has become the legal successor for at least 20 years, Provided, further that no such rule or regulation may provide retirement pay for any person in excess of 50% of the average pay of such person for the 10 years immediately preceding retirement, and in no event more than fifty ($50.00) dollars per month; and Provided further, that such rules shall provide that if any such teacher or employee voluntarily, or involuntarily, severs his or her connection with said county school system at a time prior to his or her becoming entitled to retirement pay under the rules adopted by the commission, he or she shall be entitled to be refunded not less than the amount of all contributions made by him or her to such fund, and that upon the death of any such teacher or employee before he or she became entitled to such retirement pay, his or her personal representative shall become entitled to a refund of a similar amount.

Sec. 4. The board of education of such county shall have the power to fix the method of election of the member of such commission who is to be elected by the teachers and employees of the system in any manner not inconsistent with the provisions of this Act, and the first member of said commission shall serve terms of one, two and three years each, the length of the term of each member to be determined by lot after all have been chosen, and thereafter the said members of the commission shall serve for a term of three years, or until their successors are duly selected and qualified. The said commission shall organize and elect a chairman and secretary each year. No member of the said commission shall be paid a salary for his services in such capacity, but he may receive compensation of two ($2.00) dollars per diem for his attendance and service at any meeting of the commission duly called by the chairman thereof, but such compensation shall in no event exceed ($16.00) dollars per annum. The .com-

THURSDAY, FEBRUARY 3, 1938.

1553

mission shall have authority to employ such clerical and other assistants as may be necessary for the proper administration of said fund.
Sec. 5. Such commission shall have the power to adopt bylaws and such rules of procedure and rules relating to the investment and distribution of the said funds as it may see fit in any manner consistent with the provisions of this Act. Such commission shall have the power to invest the funds within its control in all investments which are legal within the State of Georgia for the investment of funds of executors, administrators and guardians, and in addition thereto shall have authority to invest such funds in any interest bearing securities issued by or whose payment is guaranteed by the United States of America. The members of the commission shall make such bond for the faithful discharge of their duties as may be required by the board of education.
Sec. 6. All of the provisions hereof shall automatically apply to all of the teachers, principals, supervisors and members of the administrative force of any county school system in which it becomes operative, and its benefits may be extended to any other employees of the system at their election made known to the county board of education in writing.
Sec. 7. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Davis of Floyd moved that the House agree to the Senate substitute to House Bill No. 484.
On the question of agreeing to the Senate substitute, the ayes were 105, the nays 0.
The Senate substitute to House Bill No. 484 was agreed to.
Mr. Guyton of Effingham arose to a question of personal privilege and addressed the House.
The following report was submitted and read:
Report of committee appointed by the Speaker Pro Tern., the Han. John C. Parker, under authority of House Resolution No. 147.

1554

JouRNAL oF THE HousE,

Mr. Speaker:
In compliance with House Resolution No. 147, your committee has conferred with the Director of the State Department of Public Welfare concerning the advancement by the counties of certain expenses of the Administration of Old Age Pensions, etc. and beg leave to report that the position taken by said department relative to said advancements is explained in the information obtained from said Department, as follows:
Procedures in Bulletin No. Af-43, "Rules and Regulations Covering Reimbursement for County Administrative Expense," are based upon Section No. 15 of Act No. 62, titled "The Welfare Reorganization Act of 1937." This section is captioned "County Appropriations" and sets forth the procedure in connection with county administrative expenses, and also defines county administrative expenses.
Section No. 15 provides as follows:
"The County Commissioner or Board of Commissioners, or the constituted fiscal or financial agent of the county shall make appropriations to maintain the necessary welfare service within the county and to defray the cost of the administration of these services."
This section also provides that:
"Nine-tenths of the administration cost of the County Department shall be reimbursed to the county by the State Department of Public Welfare from funds provided or made available for this purpose, if the County Department is operated in accordance with rules and regulations prescribed by the State Department."

Our interpretation of the above quotations from Section No. 15 is that the county shall maintain the necessary welfare services within the county and appropriate sufficient funds to defray the costs of administration of these services, and the State Department's obligation is to reimburse 90% of the welfare services in which the State participates (Old Age, Blind and Dependent Children) and 90% of the cost of administration of these services.

THURSDAY, FEBRUARY 3, 1938.

1555

The State Department assumes no responsibility for the payment of expenses of the County Department, its function being only to reimburse the County Department its share of expense previously paid by the County Departments. We realize that it would be impossible for the county to finance 100% of pensions paid, and, therefore, have allowed the counties to remit their 10% to this office in order that pensions may be paid in full.
Section No. 15 defines administrative expense as follows:
"For the purpose of this Act, administrative expenses shall mean salaries of the Director of Public Welfare and other employees of the staff of the County Department engaged in the performance of welfare services for which the State makes contribution and the necessary traveling expenses of the County Board and the Administrative staff in the performance of the aforesaid services."
Our interpretation of the above quotation from Section No. 15 is that the State Department participates in county administrative expense only to the extent of that portion of salary and travel expense of the County Department devoted to the three types of assistance; Old Age, Blind and Dependent Children. This interpretation is based upon the part of the above quoted section as follows:
"Salary of the Director of Public Welfare and other employees of the staff of the County Department engaged in the performance of welfare services for which the State makes contribution."
In addition to the welfare programs in which the State participates, namely, Old Age, Blind and Dependent Children assistance there are other welfare programs <;arried on by the County Department toward which the State Department makes no contribution and, therefore, cannot, under the law, participate in corresponding administrative expense. These other welfare programs are General Relief and Federal Certifications for W. P. A., C. C. C., Surplus Commodities and N. Y. A. It will be necessary that the county pay 100% of the administrative cost in connection with Federal Certifications in order

1556

JouRNAL oF THE HousE,

to obtain benefits from the Federal Government, as no administrative expenses in connection therewith are paid by the Federal Government, or, as stated, by the State.
Section No. 15 also provided that:
"Suitable office space and necessary equipment and supplies shall be provided for the County Department by the County Commissioner or County Commissioners, or the constituted fiscal or financial agent of each respective county."
As Section No. 15 definitely defines administrative expenses as meaning salaries and travel expense and states that all office supplies, equipment, etc., shall be provided by the counties, the State Dep'artment does not participate in these items.
We find it impossible to adopt a procedure for payment of administrative expenses the same as for pensions, in that the county remits only 10%, because of the fact that the State does not participate in the total administrative expenses and the amount in which the State will participate cannot be ascertained until the expenses are paid by the County Department and proper time reports submitted to this office for distribution. Therefore, as the State reimburses for only a portion of the administrative expenses, and not 90% of the total expenses, we deem it necessary that the initial expenses be borne 100% by the county with a refund of 90% of the administrative expenses chargeable to the three classes of welfare services in which the State participates.
We cannot make an expenditure of State funds, classified in a reimbursement, prior to the date of actual payment of the items involved, and, as the procedure as set forth is in accordance with Section No. 15 of the Welfare Act, we feel justified in making such a request.
Please note th~t we are not asking the county to participate 100% in administering the programs towards which the State makes contribution, but only ask that this 100% contribution be made for the month of February in order that we may arrive at a basis of reimbursement from the reports submitted. Our reimbursement check for 90% will be retained by the County Department and in future months only 10% of the administra-

THURSDAY, FEBRUARY 3, 1938.

1557

tive expenses in which the State participates will be requested from the county by the County Department plus, of course, an amount necessary to carry on other welfare services. If the 90% reimbursement check is returned to the county fiscal authorities it would be necessary that they, every month, contribute 100% towards expenses, pending receipt of the next reimbursement check from the State. Under the method outlined, whereas the county fiscal authorities do not actually receive the reimbursement check for 90%, it is credited on the records of the County Department, and used as a deduction in presenting requisition for funds the next month.
In preparing budgets for county administrative expenses we are also limited by House Bill No. 38, recently signed by the Governor, which authorized the State Department of Public Welfare to expend a portion of its pension appropriation for county administrative expenses not to exceed 10% of total pensions paid.
We assure you that the County Department is not authorized to ask for county funds in excess of the provisions of the Welfare Act, and after the first month in which the county fiscal authorities are requested to deposit 100% for administrative expenses, for which the County Director is accountable at all times, the net results will be only a participation of 10% in the welfare services and administrative expenses toward which the State makes contribution.
Respectfully submitted,
WILLIAMS of Bacon, Chairman,
MuNDY of Polk, Member,
DEAL of Bulloch, Member.
Under the order of business established by the Committee on Rules, the following bill of the House was taken up for consideration and read the third time:
By Mr. Campbell of Newton-
House Bill No. 537. A bill to be entitled an Act to amend the Highway Mileage Act by adding a certain road to the. State Aid System, and for other purposes.

1558

JouRNAL OF THE HousE,

The report of the committee, which was favorable to the paSsage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, the nays 1.
The bill having received the requisite constitutional majority was passed.
The following resolution of the House was taken up for the purpose of considering the Senate amendment thereto:
By Messrs. Booth of Barrow, Brooks of Jackson, Fitts of Madison, and Joel of Clarke-
House Resolution No. 132-485a. A resolution designating and naming the Crawford W. Long Highway, and for other purposes.
The following Senate amendment to House Resolution No. 132-485a was read:
By the Senate-
The Senate moves to amend House Resolution No. 132-485a by striking the next to the last paragraph of said resolution in its entirety, and inserting in lieu thereof the following:
"Therefore be it resolved, that the Highway State Road No. 11 from Gainesville in Hall County, Georgia, to Jefferson in Jackson County, Georgia, and Road No. 15 from Jefferson in Jackson County, Georgia, to Athens, Clarke County, Georgia, be henceforth designated and named The Crawford W. Long Memorial Highway."
Mr. Booth of Barrow moved that the House agree to the Senate amendment to House Resolution No. 132-485a.
On the question of agreeing to the Senate amendment, the ayes were 110, the nays 0.
The Senate amendment to House Resolution No. 132-485a was agreed to.
Under the order of business established by the Committee on Rules, the following bills of the House and Senate were taken up for consideration and read the third time:

THURSDAY, FEBRUARY 3, 1938.

1559

By Senators Spivey of the 16th District, Atkinson of the 1st District, Pope of the 7th District, and Purdom of the 46th District-
Senate Bill No. 3. A bill to be entitled an Act to define and enlarge the jurisdiction of Courts of Ordinary in certain counties with reference to disposition of misdemeanor cases under the Highway Patrol Act of 1937, and for other purposes.
The following amendments to Senate Bill No. 3 were read and adopted:
Mr. Evans of McDuffie and others move to amend Senate Bill No. 3 by adding at the end of Section .. which provides for payment of costs the following:
Provided that the judge of said Court of Ordinary or Police Court shall receive his said costs in every case to be paid out of the county treasury or city treasury, except in those counties where said officers are on salaries in which event said fees shall be paid over to the county treasury or city treasury as the case may be.
Messrs. Drinkard of Lincoln, Milam of Spalding, Dukes of Washington, and Evans of McDuffie move to amend Senate Bill No. 3 by adding a new section immediately before the repealing clause to be appropriately numbered, and to read as follows:
Section . . . The Ordinaries shall have exclusive jurisdiction of all cases originating in the county, outside of municipal corporations, and the judge of recorders' court in each municipal corporation shall have exclusive jurisdiction of cases originating inside the corporate limits of municipalities. This section shall not apply to those counties having city courts or county courts.
Messrs. Drinkard of Lincoln, Evans of McDuffie, Milam of Spalding, and Dukes of Washington move to amend Senate Bill No.3 by striking from the caption and body of the bill wherever same appears, the word "certiorari" and inserting in lieu thereof the word "appeal."
Mr. Sabados of Dougherty moves to amend Senate Bill No. 3 by striking Section 3 in its entirety, and caption be amended according! y.

1560

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, the ayes were 119, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
By Mr. Key of Jasper-
House Bill No. 87. A bill to be entitled an Act to provide a tax upon the operation of coin or token operated vending devices, and for other purposes.
The House was resolved into the Committee of the Whole House for the purpose of considering House Bill No. 87, and the Speaker designated Mr. Parker of Colquitt, as the Chairman thereof.
The Committee of the Whole House arose, and through its Chairman reported progress, and asked leave to sit again.
Mr. Perry of Worth moved that the House take a recess for one hour, and the motion prevailed.
2:00 o'cLOCK P.M.
The Speaker called the House to order.
Mr. Dukes of Washington moved that House Bill No. 87, and all amendments, be tabled.
On the motion to table, the ayes were 52, the nays 56, and the motion was lost.
The House was again resolved into the Committee of the Whole House for the purpose of considering House Bill No. 87, and the Speaker designated Mr. Parker of Colquitt, as the Chairman thereof.
The Committee of the Whole House arose, and through its Chairman reported the bill back to the House with the recommendation that the same do not pass.
The report of the committee, which was unfavorable to the passage of the bill, was agreed to, and the bill was lost.

THURSDAY, FEBRUARY 3, 1938.

1561

Mr. Houston of Worth arose to a question of personal privilege and addressed the House.
The following resolution of the House was read:
By Messrs. DeFoor of Mcintosh, Flanders of Emanuel, Warnell of Bryan, and Fowler of Treutlen-
House Resolution No. 169.
That Whereas, there is pending in the Superior Court of Screven County, Georgia, in the Ogeechee Judicial Circuit of Georgia, a certain case known and recorded in the office of the Clerk of the Superior Court of said Screven County, as The State vs. Osborne Newton, Et AI., the same being an indictment returned by the Grand Jury of Screven County at the November, 1937, term of the Superior Court of said county, charging and accusing five persons, namely, Osborne Newton, J. T. Newton, Ralph Newton, Albert L. Cobb, and Marie Daughtry, with the offense of murder; and,
Whereas, the said case is known and referred to by the general public at large throughout the State of Georgia, and particularly, in Screven County and the Ogeechee Judicial Circuit of Georgia, as the" Daughtry Case"; and,
Whereas, charges, rumors, criticism and speculation are rife in Screven County, in the Ogeechee Judicial Circuit of Georgia, and throughout the State of Georgia and in many parts of the Nation, to the effect that the court machinery of the Ogeechee Circuit, and the processes of the courts of that circuit, have been abused, misused, defiled and corrupted by certain official misconduct of said" Daughtry Case" so as to thwart and defy justice and to pervert the courts of said Ogeechee Circuit from the ends of their institution; and,
Whereas, it is charged and maintained by a large number of responsible citizens of Screven County, of the Ogeechee Circuit and of the State of Georgia, that his honor, William Woodrum, Judge of the Superior Courts of said Ogeechee Circuit has conducted himself, with reference to the conduct of said" Daughtry Case," and of other cases in his court, in a manner unbecoming to a judicial officer of this State, by misusing, abusing, and pros-

1562

JouRNAL OF THE HousE,

tituting the powers of his office as said Judge of said Circuit, in that, with particular reference to the said" Daughtry Case," socalled, he has exhibited and displayed strong bias, prejudice, partiality, malice, spite, and personal interest against the persons named in said indictment hereinbefore referred to; that he has wilfully, deliberately, knowingly, issued ab initio void and spurious orders which he, as said Judge, had no right or power to issue, with the deliberate intent and purpose of thwarting and denying the proper ends of justice to said accused persons laboring under said indictment; that he, after being notified of his disqualification, on account of relationship by affinity to one of the prosecutors of the accused persons within the prohibited degree as set forth and prescribed by law, failed, neglected and refused to perform his duty to procure, within a reasonable time thereafter, as required by law, a Judge of another circuit to try said case as required by the laws of Georgia; that he failed and refused, after being notified of his disqualification as aforesaid, and after his notification, that his disqualification would not be waived by the accused persons, to recuse himself, but, on the contrary, in violation of his oath of office and his duty as said Judge as mandated by the laws of Georgia, attempted to, and did, retain control of the Court machinery, the witnesses and the accused persons; that after his disqualification to act in said case, and after his own announcement thereof, the said Judge continued to issue and to sign illegal, ab initio void orders, under and by virtue of which he wilfully, deliberately, knowingly, interfered with and obstructed the legal processes of the Court of Georgia, contrary to the laws of Georgia, and in wilful contempt and violation of a legal and valid order issued by Hon. R. N. Hardeman, Judge of the Middle Judicial Circuit of Georgia; that said Judge, Hon. William Woodrum, of said Ogeechee Circuit, did, unlawfully, and with the intent and purpose of thwarting and obstructing justice in said "Daughtry Case," so-called, on the 22nd day of January, 1938, dissolve and adjourn a called session of the Grand Jury of Screven County, and an adjourned term of the Superior Court of said county, which adjourned term of said Court had theretofore been appointed for the specific purpose of trying the defendants named and charged in said bill of indictment hereinabove referred to, thereby leaving the said five accused persons laboring under the said indictment

THURSDAY, FEBRUARY 3, 1938.

1563

after the State, or prosecution of said "Daughtry Case," socalled, had failed utterly, in response to an order directed to it to show cause, if any it had or could, to produce or show any evidence whatever as to why the accused persons should longer be held under said indictment aforesaid, and after the said accused persons had been released on bail by the Hon. Gordon Knox, of the Brunswick Judicial Circuit of Georgia, because of the failure and inability of the State, or prosecution, of said case, to show any evidence against said accused persons whatsoever; all of which, it is charged and maintained by thousands of responsible and law-abiding citizens of this State, and in many parts of the United States, was the result of the wilful, deceptive, deliberate, intentional misconduct upon the part of said Judge, the Hon. William Woodrum, Judge of said Circuit aforesaid, and,

Whereas, Hon. Albert L. Cobb, a citizen and resident of the County of Chatham, in said State, has published a book entitled the" Daughtry Case," wherein the said Albert L. Cobb, a member of the bar of this State, has charged and accused the Hon. William Woodrum, Judge of said Ogeechee Circuit, with serious and grave offenses against the laws of Georgia, with prostitution of his oath of office as said Judge, with gross abuse and misuse of his powers as said Judge, aiding and abetting, knowingly, wilfully and deliberately, the corrupting of the court machinery of the Ogeechee Judicial Circuit of Georgia; and

Whereas, the said book, entitled the "Daughtry Case," containing serious and grave charges against the Hon. William Woodrum, Judge as aforesaid, is now in wide circulation in the State of Georgia, and elsewhere, the effect of which has been to create, and is daily creating, grave doubts in the minds of many thousands of the citizens of Georgia, as to whether there has been a serious miscarriage of justice by reason of the alleged wilful and deceptive misconduct of said Judge and the alleged defilement of his place of power and mal-administrations of the functions of the Courts of the said Ogeechee Circuit over which said Judge presides, thereby casting a serious and dangerous reflection upon, and bringing into disrepute the entire judicial system of the State of Georgia on account of the alleged misconduct of said Judge; and

1564

JouRNAL OF THE HousE,

Whereas, a large number of the Members of this House have privately discussed the alleged strange and mysterious conduct of said Superior Court Judge, and privately expressed various numerous opinions as to the motives of said Judge, the Han. William Woodrum, regarding the various and numerous charges of misconduct and abuse of power of said Judge; all of which has had, and is still having, the effect of casting grave doubt in the minds of thousands of the citizens of Georgia, as to the qualification and fitness of the Han. William Woodrum as a presiding Judge of said Circuit, and serious and grave doubts in the minds of the electorate of the Ogeechee Circuit as to the fitness and qualifications of the said Han. William Woodrum to continue in his capacity as said Judge; and
Whereas, this condition and state of mind and feeling upon the part of such a large number of Georgians threaten seriously to hamper and obstruct the further fair, impartial and judicious administration of the affairs of the Courts of the said Ogeechee Circuit until and unless the charges and allegations referred to herein shall be investigated by an official and impartial committee of this House, empowered to hear and report back to this House the legal evidence, if any there be, upon which said charges, allegations, suspicions, and rumors are, or may be, founded; and
Whereas by reason of the charges that said Judge's official conduct generally is high-handed, autocratic, arbitrary, dictatorial and prejudicial to an extent and degree which obstructs and prevents the fair and impartial administration of the Courts of said Ogeechee Circuit, the entire Judicial system of the State of Georgia has been beclouded and brought into serious question by thousands of citizens throughout this State; and
Whereas because of the official connection of the Han. William Woodrum, Judge as aforesaid, with the said "Daughtry Case" has ended by reason of his disqualification as Judge in said case, and that he is not qualified, under the laws of Georgia, to further act or officiate in said case in any manner whatsoever;-
Wherefore, it is the sense and judgment of this House that the Han. William Woodrum is entitled to a fair and impartial investigation of said charges, allegations, rumors, suspicions and questions as to his qualification and fitness to occupy the high and

THURSDAY, FEBRUARY 3, 1938.

1565

exalted position of trust and power with which he has been entrusted by the electorate of the Counties of Bulloch, Jenkins, Screven and Effingham, comprising the Ogeechee Judicial Circuit of Georgia.
Therefore, be it resolved, that the Speaker of this House be, and he is hereby, directed and empowered to appoint a standing committee of five (5) members of the House, as an investigating committee for the purpose of, and with full power to make such inquiry and investigations into the official conduct of said Judge herein referred to; and said committee shall have legal right and power to,
(1) To convene, at the pleasure of said committee, upon the call of its Chairman, at any time and place, within the Ogeechee Judicial Circuit of Georgia, or elsewhere in said State, after due notice to any and all parties at interest in said investigation, keeping in mind, as nearly as may be practicable, but wholly within the discretion of the Chairman of said committee, the convenience of the parties at interest in said investigations and the hearings which may be had thereon;
(2) That said committee shall have full power and right, the same as any Court of Record in this State, to compel, upon pain of contempt, the attendance of any and all witnesses, the production of any and all papers, documents, instruments in writing, and Court Records that may be deemed by said committee as pertinent and germane to the subject of the inquiry hereby authorized, within the rules, and in the same manner, as such Courts of Record in this State are governed in such matters;
(3) Said committee shall cause to be taken down any and all such testimony, and cause to be made and kept a complete record of all evidence, oral or documentary, as may be adduced at any and all hearings of said committee, the record of which, together with the report of said committee, shall be made to and filed with the Governor of this State by October 15, 1938, which said record, together with such report of said committee, shall, in turn, be transmitted by the Governor to the Speaker of this House of Representatives not later than the first day of the Regular Session of the 1939 General Assembly of Georgia, there to be, by the Speaker, appropriately acted upon and referred in

1566

JouRNAL OF THE HousE,

the usual manner as provided by the rules of the House of Representatives.
Mr. Rees of Webster moved that the resolution be tabled.
On the motion to table, the ayes were 40, the nays 62, and the motion was lost.
Mr. Hand of Mitchell moved that the House do now adjourn until 9:30 o'clock tomorrow morning.
On the motion to adjourn until 9:30 o'clock tomorrow morning, the ayes were 47, the nays 59, and the motion was lost.
Mr. Taunton of Taylor moved the previous question, the call was sustained, and the main question ordered.
On the adoption of the resolution, Mr. Williams of Bacon moved the ayes and nays, and the call was not sustained.
Mr. Williams of Bacon moved that the House do now adjourn until 9:30 o'clock tomorrow morning.
Mr. Taunton of Taylor moved that the House do now adjourn until 9:30 o'clock tomorrow morning.
Mr. Allison of Gwinnett moved that the House reconsider its action in ordering the previous question, and no quorum voted.
On the motion to adjourn until 9:30 o'clock tomorrow morning, the ayes were 85, the nays 8, and the motion prevailed.
Leaves of absence were granted to Messrs. Etheridge of Houston, Jones of Bartow, Harrell of Brooks, Coleman of Lowndes, and DeFoor of Mcintosh.
The Speaker announced the House adjourned until 9:30 o'clock tomorrow morning, and House Resolution No. 169 went over until that time under the order of unfinished business.

FRIDAY, FEBRUARY 4, 1938.

1567

REPRESENTATIVE HALL, ATLANTA, GA.,

FRIDAY, FEBRUARY 4, 1938.

The House met, pursuant to adjournment, this day at 9:30 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

Davis

Allison

Deal

Almand

Dean

Ansley

Douglass

Barlow

Drinkard

Barrett

Dukes

Batchelor

Dunn

Beck

Durden

Bennett

Edwards

Blease

Elliott

Bond

Ennis

Booth

Evans

Bradley

Field

Brewton

Fitts

Bridges

Flanders

Brooks of Jackson

Fowler

Brooks of Oglethorpe Freeman

Brown of Greene

Gammage

Brown of Peach

Gavin

Candler

Goff

Carmichael of Cobb

Grayson

Carmichael of Randolph Gross

Clark

Groover

Clary

Grubbs

Claxton

GUYton

Clements

Hamby

Cochran

Hampton

Cogdell

Hand

Cohen

Harden

Corbett

Harrell of Irwin

Coxon

Harris

Croker

Harrison

Culpepper of Fayette Hart

Daughtry

Hastings

Daves

Hayes

Hendrix Herndon Herrin Hill of Clarke Hogg Hollis Houston Houze Jackson Joel Johnson Jones of Bartow Jones of Brantley Jones of Jenkins Kendrick Key Kirbo Lanham Lanier Leonard Lewis Mankin Manry Marshall Mavity McCracken McCravey McGehee McGraw McNall Milam Miller Moore of Baldwin Moore of Haralson Moore of Lumpkin

1568

JoURNAL OF THE HousE,

Moore of Taliaferro Morgan Morris Mundy Newby Newton Parker Patten Perry Pilcher Pirkle Preston of Bulloch Preston of Walton Ragan Rawlins Rees Reid of Carroll Reid of Wilcox Rountree Rowland

Sabados Salter Sams Sanders Sapp Sartain Scruggs Simmons Smith of Henry Smith of Muscogee Striplin Sutton Swindle Tapp Tate Taunton Todd Thomas Trapnell

Trippe Vickery Wall Walton Ware Warnell Warnock Watkins Weaver Welsch Whaley Whipple Whitaker Williams of Bacon Williams of Jones Wilson Yeomans Zellner Mr. Speaker

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 and House, to-wit:

By Senator Allen of the 31st District-

Senate Bill No. 138. A bill amending the Act approved December 16, 1937, with reference to how applications shall be made and disposed of where the homestead claimed exempt is located in more than one county and divided by county lines, and for other purposes.

By Senator Jackson of the 14th District-

Senate Bill No. 139. A bill to change the method of compensating the Ordinary in counties of a certain population, and for other purposes.

By Mr. Adams of Franklin-
House Bill No. 489. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.

FRIDAY, FEBRUARY 4, 1938.

1569

By Mr. Warnell of Bryan-
House Bill No. 497. A bill changing the term of the Superior Court in Bryan County to the 3rd Monday in March and the 1st Monday in November of each year, and for other purposes.
By Messrs. Batchelor of Putnam and Key of Jasper-
House Bill No. 499. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Mr. McCracken of Jefferson-
House Bill No. 500. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Messrs. L-anham, Davis, and Keel of Floyd-
House Bill No. 501. A bill providing for the compensation of and payment to clerks of the Superior Court, and for other purposes.
By Mr. Cogdell of Glynn-
House Bill No. 505. A bill to provide for holding three regular terms a year of the Superior Court of Glynn County, and for other purposes.
By Mr. Patten of Cook-
House Bill No. 510. A bill amending an Act entitled "An Act to abolish the offices of Tax Receiver and Tax Collector, and create the office of Tax Commissioner of Cook County," and for other purposes.
By Mr. Oden of Pierce-
House Bill No. 512. A bill providing for the payment of official bond premiums for the Tax Collector and Receiver of Pierce County, and for other purposes.
By Mr. Brown of Greene-
House Bill No. 516. A bill amending an Act approved August 15, 1904, incorporating the City of Union Point, and for other purposes.

1570

JouRNAL oF THE HousE,

By Mr. Swindle of Berrien-
House Bill No. 463. A bill amending the Constitution of Georgia so as to permit the Beaverdam School District to incur a bonded indebtedness, and for other purposes.
By Messrs. Davis, Keel, and Lanham of Floyd-
House Bill No. 448. A bill amending the Constitution of Georgia so as to authorize Floyd County to levy an additional tax for high school purposes, and for other purposes.
By Mr. Brooks of Jackson-
House Bill No. 509. A bill amending the Constitution of Georgia so as to authorize the City of Jefferson to incur a bonded indebtedness in addition to that heretofore authorized for the purpose of refunding and retiring a bonded indebtedness, 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 and resolutions of the House, to-wit:
By Messrs. Dampier and Larsen of Laurens-
House Resolution No. 59. A resolution relieving R. L. Tindol of surety on a certfl.in bond, and for other purposes.
By Mr. Bradley of Tattnall-
House Resolution No. 131. A resolution authorizing the State Librarian to furnish missing volumes of certain reports to the Clerk of the Superior Court of Tattnall County, and for other purposes.
By Mr. Musgrove of Clinch-
House Resolution No. 137. A resolution authorizing the County Commissioners of Clinch County to pay a certain sum of money to the widow of Deputy Sheriff Carey Thomas.

FRIDAY, FEBRUARY 4, 1938.

1571

By Messrs. Harris and Lanier of Richmond-
House Resolution No. 138. A resolution relieving Thomas L. Clary of Richmond County as surety on a certain bond, and for other purposes.
By Messrs. Harrell of Brooks and Marshall of Macon-
House Resolution No. 167. A resolution requesting the members of the National Congress to vote against any measure pending in the National Congress which may tend to reduce the Federal allotment of funds for highway construction to the several States of this Union, and for other purposes.
By Messrs. Ennis of Baldwin and Lanier of Richmond-
House Bill No. 278. A bill amending the General Appropriations Act by adding a new section after Section 28, numbered 28-A, exempting the revenue derived from the Chain Store Tax Act of 1937 from the provisions of Section 28, 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, by substitute, of the House, to-wit:
By Mr. Musgrove of Clinch-
House Bill No. 382. A bill amending the Constitution of Georgia, so as to authorize the City of Homerville, Clinch County, Georgia, to refund a bonded indebtedness, and for other purposes.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:
Mr. Speaker:
The Senate has adopted the report of the Conference Committee on the following bill of the House:
By Mr. Corbett of Atkinson-
House Bill No. 161. A bill providing for the levy of an occu-

1572

JouRNAL OF THE HousE,

pation, or license tax or fee, for State purposes, on persons operating or doing busine~s from rolling stores, and for other purposes.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:
Mr. Speaker:
The Senate has disagreed to the House amendments to the following bill of the Senate, to-wit:
By Senators Spivey of the 16th District, Atkinson of the 1st District, Pope of the 7th District, and Purdom of the 46th District-
Senate Bill No. 3. A bill defining and enlarging the jurisdiction of Courts of Ordinarv in certain counties with reference to the disposition of misdem.eanor cases arising under the Georgia State Highway Patrol Act of 1937, 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 Senators Forrester of the 44th District, Williams of the 5th District, and Burgin of the 24th District-
Senate Resolution No. 64. A resolution extending an invitation to the quartet of the House to sing in the Senate today, the sooner the better.
Mr. Corbett of Atkinson, Acting Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed. By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:

FRIDAY, FEBRUARY 4, 1938.

1573

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 bills and resolutions.
5. First reading and reference of Senate bills and resolutions.
By unanimous consent, the following bills were introduced, read the first time, and referred to the committees:
By Mr. Warnock of Montgomery-
House Bill No. 550. A bill to be entitled an Act to amend the Highway Mileage Act by adding a certain road in Montgomery County, and for other purposes.
Referred to Committee on Public Highways No.2.
By Messrs. Chappell of Sumter, Vickery of Charlton, Morris of Douglas, and Dugas of White-
House. Bill No. 551. A bill to be entitled an Act to amend the General Tax Act of 1935, which imposes a license fee of $100.00 for each place of business upon persons, firms or corporations engaged in the business of automobile financing, by increasing the amount of license fee imposed, and for other purposes.
Referred to Committee on Ways and Means.
By Messrs. Grayson, MeNall, and Cohen of Chatham, Freeman and Weaver of Bibb, and Smith, Elliott, and Leonard of Muscogee-
House Bill No. 552. A bill to be enti tied an Act to amend the Constitution of Georgia, by creating four new Senatorial Districts, and for other purposes.
Referred to Committee on Amendments to Constitution No. 1.
By Mr. Rowland of Johnson-
House Bill No. 553. A bill to be entitled an Act to amend an

1574

JouRNAL OF THE HousE,

Act providing a new charter for the City of Wrightsville, in the County of Johnson, and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Grayson of Chatham and Carmichael of Cobb-
House Bill No. 554. A bill to be entitled an Act amending Section 92-1402, Georgia Code of 1933, distributing the proceeds of the motor fuel tax, by reducing the amount of said tax set aside to the State Highway fund and by increasing the amount of said tax allocated to the counties of the State having a popula-
tion of less than 40,000, by levying an additional Yz on the sale
and use of gasoline, and for other purposes.
Referred to Committee on Public Highways No. 1.
By Mr. Whitaker of Clayton-
House Bill No. 555. A bill to be entitled an Act to amend the Highway Mileage Act by adding additional mileage in Clayton County, and for other purposes.
Referred to Committee on Public Highways No.2.
By Mr. Kendrick of Fulton-
House Bill No. 556. A bill to be entitled an Act to provide for an appropriation from the State Treasury for the purpose of purchasing materials to repair the State Capitol Building, and for other purposes.
Referred to Committee on Special Appropriations.
Mr. Flanders of Emanuel CountY, Chairman of the Committee on Banks and Banking, submitted the following report:
Mr. Speaker:
Your Committee on Banks and Banking 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. 539. Do pass. Respectfully submitted,
FLANDERS of Emanuel, Chairman.

FRIDAY, FEBRUARY 4, 1938.

1575

Mr. Sartain of Walker County, Chairman of the Committee on Engrossing, submitted the following report: Mr. Speaker:
Your Committee on Engrossing has examined, found properly engrossed, and ready for transmission to the Senate, the following bills of the House, to-wit:
House Bills Nos. 542, 537, 543. Respectfully submitted, SARTAIN of Walker, Chairman.
Mr. Groover of Troup County, Chairman of the Committee on Enrolling, submitted the following report:
Mr. Speaker: Your Committee on Enrolling has examined, found proper!y
enrolled, and ready for transmission to the Governor, the following bill and resolutions of the House, to-wit:
House Bill No. 484.
House Resolutions Nos. 94-366a, 129-474a, 132-485a.
Respectfully submitted,
GRoOVER of Troup, Chairman.
Mr. Trapnell of Candler 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 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. 146-517a. Do pass.
Respectfully submitted,
TRAPNELL of Candler, Chairman.

1576

JouRNAL OF THE HousE,

By unanimous consent, the following bill and resolution of the House, favorably reported, were read the second time:
By Messrs. Sanders and Hart of Coweta-
House Resolution No. 146-517a. A resolution to relieve the administrator of the estate ofT. G. Farmer, Jr. and executors of the estate ofT. G. Farmer, Sr. and H. C. Arnall, Jr., from the payment of interest due the estate of George Lee, and for other purposes.
By Mr. Swindle of Berrien-
House Bill No. 539. A bill to be entitled an Act to give private banks or private bankers the right to charge exchange on checks drawn on them when presented by any bank, banker, trust company or agent thereof, and for other purposes.
By unanimous consent, the following bill of the House was read the third time and placed upon its passage:
By Mr. Herndon of Hart-
House Bill No. 544. A bill to be entitled an Act to amend an Act incorporating the Town of Hartwell in Hart County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, the nays 0.
The bill having received the requisite constitutional majority was passed.
By unanimous consent, the following bills of the Senate were read the first time and referred to the committees:
By Senator Atkinson of the 1st District-
Senate Bill No. 136. A bill to be entitled an Act permitting counties of a certain population to regulate and control barbecue stands, road houses, dance halls, etc., within their respective limits, and for other purposes.
Referred to Committee on Counties and County Matters.

FRIDAY, FEBRUARY 4, 1938.

1577

By Senator Millican of the 52nd District-
Senate Bill No. 137. A bill to be entitled an Act to amend an Act entitled "Atlanta, City of, Municipal Court established," and for other purposes.
Referred to Committee on Special Judiciary.
By Senator Allen of the 31st District-
Senate Bill No. 138. A bill to be entitled an Act to amend an Act approved December 16, 1937, with reference to how applications shall be made and disposed of where the homestead claimed exempt is located in more than one county, and for other purposes.
Referred to Committee on State of Republic.
By Senator Jackson of the 14th District-
Senate Bill No. 139. A bill to be entitled an Act to change the method of compensating the Ordinary in counties of a certain population, and for other purposes.
Referred to Committee on Counties and County Matters.
The following report of the Committee on Rules was submitted and read:
Mr. Speaker: Your Committee on Rules having had under consideration the
fixing of a calendar of business has instructed me to report the following as a special and continuing order of business beginning immediately following the consideration of House Bill No. 87 known as the bill to Tax Vending Machines.
1. Senate Bill No. 43. Relating to Jury Commissioners.
2. Senate Bill No. 37. Reorganizing National Guards.
3. Senate Bill No. 73. Known as Burgin Home Bill. (Debate on this measure is to be limited to fifteen minutes to the side.)
Provided that a special order of business shall be set for Friday, February 4, 1938.
4. House Bill No. 181. Known as the Broad Street Extension Bill. (With debate to be limited to ten minutes to each side.)

1578

JouRNAL or THE HousE,

Your Committee on Rules has further recommended that beginning Monday, February 7, 1938, the following calendar be fixed as a special and continuing order of business until otherwise ordered by the House.
1. House Bill No. 540. Discounting W. & A. rentals.
2. House Bill No. 53. Known as luxury sales tax.
3. House Bill No. 188. Amending the wine tax. 4. House Bill No. 402. Diesel oil tax exemption. 5. House Bill No. 348. Relating to sale of live stock. 6. House Bill No. 506. Tax on auctioneers. 7. House Bill No. 157. Collection of past due mileage tax. 8. House Bill No. 179. Relating to primary elections. 9. House Bill No. 410. Relating to purchase of hog serum. (Debate to be limited to fifteen minutes to the side.) 10. House Bill No. 523. Amending the school law. 11. House Bill No. 483. Amending the beer tax. 12. House Bill No. 141. Appeals under workmans compensation. 13. House Bill No. 250. Relating to divorce laws. 13A. House Bill No. 533. Appropriation of funds for the Public Service Commission. 14. House Bill No. 45. Relating to alimony. 15. House Bill No. 111. Diversion of gas tax.
16. House Bill No. 532. Amending banking laws.
17. House Bill No. 398. Amending ordinary fees.
18. House Bill No. 519. Relating to building and loan associations.
18A. House Bill No. 359. Lethal gas execution. 19. Senate Bill No. 36. Issuance of debentures.

FRIDAY, FEBRUARY 4, 1938.

1579

20. Senate Bill No. 114. Confirmation of appointees.
21. Senate Bill No. 58. State purchasing agent.
22. Senate Bill No. 91. Amending income tax law.
23. Senate Bill No. 102. Amending intangible tax law.
24. Senate Bill No. 119. Herty Foundation.
25. Senate Bill No. 133. Granting of easements Highway Board.
26. Senate Bill No. 35. Employment of aliens.
27. Senate Bill No. 92. Salary of industrial board.
28. Senate Bills Nos. 63, 64, 65, 66, 79 being bills relating to penal reform and to be called in the order set out in this section.
29. Senate Bill No. 121. Salary of Highway Board.
30. Senate Bill No. 51. Photographers license board.
31. Senate Bill No. 95. B. & L. Bill. Provided that all constitutional amendments affecting one county; general bills with local application, all local bills, bills refunding taxes or relieving bond forfeiture are to be called for passage at the pleasure of the Speaker. Your committee further recommends that the Speaker be given the authority to vary this order of business at his discretion and is authorized to submit a bill for action different from the designated order of business due to the number of members present.
Respectfully submitted, SuTToN of Wilkes, Vice-Chairman.
On the adoption of the report of the Committee on Rules, the ayes were 94, the nays 11.
The report having failed to receive the requisite majority was not adopted.
Mr. Culpepper of Fayette moved that the House reconsider its action in failing to adopt the report of the Committee on Rules.

1580

JouRNAL o:F THE BousE,

On the motion to reconsider, the ayes were 97, the nays 7, and the motion prevailed.

On the adoption of the report of the Committee on Rules, Mr. Culpepper of 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.:

Allison

Flanders

Almand

Fowler

Barlow

Freeman

Batchelor

Gammage

Beck

Gavin

Bennett

Goff

Bond

Grayson

Booth

Gross

Brewton

Groover

Bridges

Grubbs

Brooks of .Jackson

Hamby

Brown of Peach

Hand

Candler

Harden

Carmichael of Cobb

Harrell of Irwin

Carmichael of Randolph Harris

Clark

Harrison

Clary

Hart

Cochran

Hastings

Cogdell

Hayes

Cohen

Herndon

Corbett

Herrin

Coxon

Hill of Clarke

Croker

Hogg

Culpepper of Fayette Hollis

Daughtry

Houston

Daves

.Jackson

Davis

.Johnson

Deal

.Jones of Bartow

Drinkard

.Jones of Brantley

Dukes

.Jones of .Jenkins

Dunn

Kendrick

Durden

Key

Edwards

Kirbo

Elliott

Lanham

Ennis

Lanier

Field

Leonard

Fitts

Lewis

Mankin Manry Marshall Mavity McCracken McGehee McGraw McNall Miller Moore of Baldwin Moore of Haralson Moore of Lumpkin Moore of Taliaferro Morgan Mundy Newby Newton Parker Patten Perry Pilcher Pirkle Preston of Bulloch Preston of Walton Ragan Rawlins Reid of Carroll Reid of Wilcox Rountree Rowland Sanders Sapp
Sartain Scruggs Simmons Smith of Henry Striplin

FRIDAY, FEBRUARY 4, 1938.

1581

Sutton Swindle Tapp Tate Taunton Todd Thomas Trapnell

Trippe Vickery Wall Walton Ware Warnell Warnock Watkins

Weaver Whaley Whitaker Williams of Bacon Williams of Jones Wilson Yeomans Zellner

Those voting in the negative were Messrs.:

Adams Blease Bradley Clements Evans

Guyton Hampton Houze McCravey

Milam Morris Sabados Whipple

Those not voting were Messrs.:

Ansley Bargeron Barnard Barrett Brooks of Oglethorpe Brown of Greene Campbell Chappell Claxton Coleman Culpepper of Mitchell Dampier Dean DeFoor Dollar Douglass Drake Dugas Ellington

Erwin Etheridge Ferguson Gary Harrell of Brooks Harvey Hendrix Hill of Screven Hodges Holt Horne Joel Jones of Dodge Jones of Elbert Keel Larsen Lewallen Martin Middleton

Moss Musgrove Oden Palmour Peebles Peters Phillips Pound Rees Salter Sams Saunders Smith of Dodge Smith of Muscogee Spence Turner Wages Welsch Mr. Speaker

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

On the adoption of the report of the Committee on Rules, the ayes were 135, the nays 13, and the report was adopted.

Mr. Jones of Brantley moved that the House do now adjourn, and the motion was lost.

Mr. Allison of Gwinnett arose to a question of personal privilege and addressed the House.

1582

JouRNAL oF THE HousE,

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

By Messrs. DeFoor of Mcintosh, Flanders of Emanuel, Warnell of Bryan, and Fowler of Treutlen-

House Resolution No. 169. A resolution providing for the appointment of a Committee of the House to investigate the official conduct of Hon. Wm. Woodrum, Judge of the Ogeechee Judicial Circuit, with reference to the "Daughtry Case," and for other purposes.

Mr. Evans of McDuffie moved that the House reconsider its action in ordering the main question.

On the motion, the ayes were 39, the nays 71, and the motion was lost.

On the adoption of House Resolution No. 169, the ayes were 29, the nays 75.

The resolution was lost.

Under the order of business established by the Committee on Rules, the following bill of the House was taken up for consideration and read the third time:

By Messrs. Carmichael and Welsch of Cobb-

House Bill No. 543.

A BILL

To be entitled an Act to propose to the qualified voters of Georgia an amendment to Article 11, Section 1, of the Constitution of this State by adding at the end of said section a new paragraph as follows: "The governing authorities of the County of Cobb shall have authority to establish and administer within the bounds of the County of Cobb districts for fire prevention, and to establish and administer in such districts systems of fire prevention, and to levy taxes or special assessments therefor on property in said districts upon the vote of sixty (60) per cent. of the qualified voters of said districts voting at a special election to be called by the ordinary of the county and held in said districts upon said question," and for other purposes.

FRIDAY, FEBRUARY 4, 1938.

1583

Be it enacted by the General Assembly of the State of Georgia:
Section 1. That Article 11, Section 1 of the Constitution of the State of Georgia be amended by adding at the end of said section a new paragraph as follows:
"The governing authorities of the County of Cobb shall have authority to establish and administer within the bounds of the County of Cobb districts for fire prevention, and to establish and administer in such districts systems of fire prevention, and to levy taxes or special assessments therefor on property in said districts upon the vote of sixty (60) per cent. of the qualified voters of said districts voting at a special election to be called by the ordinary of the county and held in said districts upon said question, provided that such taxes or assessments shall not exceed three mills upon the valuation of the property located in any such district."
Sec. 2. That when said amendment shall be agreed to by a two-thirds vote of the members elected to each House, it shall be entered upon the Journal of each House, with the "ayes" and "nays" thereon, and published in one or more newspapers in each Congressional District in this State for two months prior to the time for holding the next general election, and shall at the next general election be submitted to the people for ratification. All persons voting at said general election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, "For ratification of amendment to Article 11, Section 1, of the Constitution of Georgia, authorizing Cobb County to establish and administer districts for fire prevention, and to establish and administer systems of fire prevention, in said districts," and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words, "Against ratification of amendment to Article 11, Section 1, of the Constitution of Georgia, authorizing Cobb County to establish and administer districts for fire prevention, and to establish and administer systems of fire prevention, in said districts," and if a majority of said electors qualified to vote for members of the General Assembly, voting thereon, shall vote for the ratification thereof, when the result shall be consolidated as now required by law in

1584

JouRNAL oF THE HousE,

elections for members of the General Assembly, then said amendment shall become a part of Article 11, Section 1, of the Constitution of this State, and the Governor shall make proclamation thereof as provided by law.
Sec. 3. All laws and parts of laws in conflict with this Act be and the same are hereby repealed.

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

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

Those voting the the affirmative were Messrs.:

Adams

Daughtr;v

Allison

Daves

Almand

Davis

Barlow

Deal

Barrett

Drinkard

Batchelor

Dugas

Beck

Dukes

Bennett

Dunn

Blease

Durden

Bond

Edwards

Booth

Elliott

Bradley

Ennis

Brewton

Evans

Bridges

Field

Brooks of Jackson

Fitts

Brown of Greene

Flanders

Brown of Peach

Fowler

Candler

Freeman

Carmichael of Cobb

Gammage

Carmichael of Randolph Goff

Chappell

Grayson

Clark

Gross

Clary

Groover

Claxton

Grubbs

Clements

Guyton

Cochran

Hamby

Cogdell

Hand

Cohen

Harden

Corbett

Harrell of Irwin

Croker

Harris

Hart Hastings Herndon Herrin Hill of Clarke Hollis Houston Houze Jackson Joel Johnson Jones of Bartow Jones of Brantley Kendrick Key
Kirbo Lanham Lanier Leonard Mankin Manry Marshall Mavity McCracken McGehee McGraw McNall Milam Miller Moore of Baldwin

FRIDAY, FEBRUARY 4, 1938.

1585

Moore of Haralson Moore of Lumpkin Moore of Taliaferro Morgan Morris Moss Mundy Newby Newton Parker Patten Perry Pilcher Pirkle Preston of Walton Ragan Rawlins Rees Reid of Carroll

Rountree Sabados Sams Sanders Sapp Sartain Scruggs Simmons Smith of Henry Smith of Muscogee Striplin Sutton Swindle Tapp Tate Taunton Todd Thomas Trapnell

Trippe Vickery Wall Walton Ware Warnell Warnock Watkins Weaver Welsch Whaley Whipple Whitaker Williams of Bacon Williams of Jones Wilson Yeomans Zellner

Those not voting were Messrs.:

Ansley Bargeron Barnard Brooks of Oglethorpe Campbell Coleman Coxon Culpepper of Fayette Culpepper of Mitchell Dampier Dean DeFoor Dollar Douglass Drake Ellington Erwin Etheridge Ferguson Gary

Gavin Hampton Harrell of Brooks Harrison Harvey Hayes Hendrix Hill of Screven Hodges Hogg Holt Home Jones of Dodge Jones of Elbert Jones of Jenkins Keel Larsen Lewallen Lewis Martin

McCravey Middleton Musgrove Oden Palmour Peebles Peters Phillips Pound Preston of Bulloch Reid of Wilcox Rowland Salter Saunders Smith of Dodge Spence Turner Wages Mr. Speaker

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

On the passage of the bill, the ayes were 146, the nays 0.

The bill having received the requisite two-thirds constitutional majority was passed.

1586

JouRNAL oF THE HousE,

By unanimous consent, the bill was ordered immediately transmitted to the Senate.
Under the order of business established by the Committee on Rules, the following bill of the House was taken up for consideration and read the third time:

By Messrs. Guyton of Effingham, Brown of Peach, and Evans of McDuffie-

Hause Bill No. 181. A bill to be entitled an Act to repeal an Act to increase the mileage of the State Aid System of Roads by adding a highway in Fulton County, and for other purposes.

Mr. Booth of Barrow moved that the bill be indefinitely postponed.

On the motion, the ayes were 37, the nays 75, and the motion was lost.

The report of the committee, which was unfavorable to the passage of the bill, had been disagreed to previously.

On the passage of the bill, Mr. Taunton of Taylor 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 Blease Bond Bridges Brooks of Jackson Brown of Peach Clements Daughtry Drinkard Dugas Dunn Erwin Evans Groover GUYton Hand

Harden Harris Harrison Manry
McCrave:v McGehee Middleton Moore of Lumpkin Morgan Moss Newb:v Newton Patten Reid of Carroll Reid of Wilcox

Rowland Sabados Sartain Scruggs Taunton Todd Vicker:v Walton Ware Warnock Weaver Whaley Williams of Bacon Williams of Jones Wilson

FRIDAY, FEBRUARY 4, 1938.

1587

Those voting in the negative were Messrs.:

Allison

Fitts

Almand

Freeman

Batchelor

Gammage

Bennett

GaVin

Booth

Grayson

Bradley

Gross

Brewton

Grubbs

Carmichael of Cobb

Hart

Carmichael of Randolph Hastings

Chappell

Herrin

Clark

Hollis

Clary

Home

Claxton

Houze

Cochran

Johnson

Cogdell

Jones of Bartow

Cohen

Jones of Brantley

Corbett

Jones of Jenkins

Coxon

Kendrick

Croker

Key

Daves

Lanham

Davis

Lanier

Dean

Mankin

Douglass

McCracken

Durden

McGraw

Edwards

McNall

Elliott

Milam

Ennis

Moore of Baldwin

Field

Moore of Haralson Moore of Taliaferro Morris Mundy Parker Perry Pilcher Pirkle Preston of Walton Ragan Rountree Baros Sanders Sapp Simmons Smith of Henry Smith of Muscogee Sutton Swindle Tate Thomas Trapnell Wall Watkins Whipple Whitaker Yeomans

Those not voting were Messrs.:

Ansley Bargeron Barlow Barnard Barrett Beck Brooks of Oglethorpe Brown of Greene Campbell Candler Coleman Culpepper of Fayette Culpepper of Mitchell Dampier Deal DeFoor

Dollar Drake Dukes Ellington Etheridge Ferguson Flanders Fowler
Gary
Goff Hamby Hampton Harrell of Brooks Harrell of Irwin Harvey Ha;ves

Hendrix Herndon Hill of Clarke Hill of Screven Hodges Hogg Holt Houston Jackson Joel Jones of Dodge Jones of Elbert Keel Kirbo Larsen Leonard

1588

JoURNAL OF THE HousE,

Lewallen Lewis Marshall Martin Mavity Miller Musgrove Oden Palmour Peebles

Peters Phillips Pound Preston of Bulloch Rawlins Rees Salter Saunders Smith of Dodge Spence

Striplin Tapp Trippe Turner Wages Warnell Welsch Zellner Mr. Speaker

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

On the passage of the bill, the ayes were 46, the nays 82.

The bill having failed to receive the requisite constitutional majority was lost.

The following resolution of the House was read:

By Messrs. Carmichael of Cobb, Weaver of Bibb, Grayson of Chatham, Elliott of Muscogee, McNall of Chatham, Jones of Bartow, Clark of Catoosa, Simmons of Decatur, and Kendrick of Fulton-

House Resolution No. 170.

A RESOLUTION
Whereas, the members of this House have been flooded with great numbers of letters from persons in Georgia drawing Old. Age Pensions demanding that the Representatives vote for any and all tax measures advocated by the Governor; and

Whereas, said letters, without exception, state that unless the Representatives so vote the writers pension will be reduced or possibly withdrawn altogether; and
Whereas, upon investigation it appears that all of said letters have come to the Representatives as a result of a letter written January 29, 1938, by Mr. W. W. Webb, as President of the Georgia Old Age Pension Club, in which he urged that said letters be written and stated therein that unless more money were obtained the amount the pensioners were drawing would have to be reduced; and

FRIDAY, FEBRUARY 4, 1938.

1589

Whereas, the said W. W. Webb did advise all said pensioners to urge Representatives to vote whatever tax bills requested to raise said money; and
Whereas, said letter did contain the following paragraph:
"Let me remind you that this is voting year. See that you and your family and friends are registered to vote. Our enemies will be trying to beat Governor Rivers and our friends, so they can put a stop to these pensions and benefits. So let's get busy for them."
and
Whereas, said language is purely political in nature and tends to place all Representatives who vote against any tax measure for any reason in the position of being enemies of the Governor, and as opposed to the principals of Old Age Pensions; and
Whereas, this is wholly unfair and unwarranted; and
Whereas, the said W. W. Webb, as Director of the Old Age Pension Division of the State Department of Public Welfare, and as such is upon the pay roll of the State of Georgia, and according to information furnished the author of this resolution draws a salary of Three Hundred and Fifty ($350.00) Dollars per month as such Director; and
Whereas, the said letter, when coming from a man who is on the pay roll of the State, places the Representatives in the position aforesaid, and is wholly unwarranted, and should not be permitted; and
Whereas, Lamar Murdaugh, Director of the State Department of Public Welfare, is quoted in yesterday's press, as approving this action by Mr. Webb; and
Whereas, the said Lamar Murdaugh is quoted as saying that the request should have consideration from the General Assembly; and
Whereas, the said Lamar Murdaugh is also on the State pay roll, drawing a salary of $6,000.00 per annum; and
Whereas, it is unbecoming of such state officials as Mr. Murdaugh and Mr. Webb, while drawing handsome salaries from the

1590

JouRNAL oF THE HousE,

State, to attempt to influence legislation by such an insidious manner as attempting to incite fear in the hearts of the recipients of Old Age Benefits; and
Whereas, if proper economy in State Government and the reduction of excessive salaries paid to State employees and officials, would provide more than enough money with which to pay all Old Age Pensions;
Be it therefore resolved, that this House go on record as resenting this type of attempted influence upon legislation which has been brought to bear by the said W. W. Webb, while he is on the pay roll of the State, and which has been approved by Lamar Murdaugh, his superior; and that each Representative of this House refer all of the letters received by him to the said W. W. Webb for the said W. W. Webb to answer with apologies for having placed the members of this House in the position of being obstructionists and enemies of the Governor, merely because they might oppose some tax measure, regardless of their reason for so doing.
Be it further resolved, that the said W. W. Webb and the said Lamar Murdaugh be informed that this House is capable of legislating without the influence being brought to bear by said Department Heads.
Be it further resolved, that a copy of this resolution be sent to the Governor by the Clerk of the House.
Mr. Hollis of Morgan moved that the resolution be tabled, and the motion was lost.
Mr. Sanders of Coweta moved the previous question, the call was sustained, and the main question ordered.
Mr. Beck of Carroll moved that a committee be appointed by the Speaker for further consideration of House Resolution No. 170, and the motion was lost.
The following amendments to House Resolution No. 170 were read and adopted:
Messrs. Dunn of Pike and Joel of Clarke move to amend House Resolution No. 170 by adding another paragraph reading as follows:

FRIDAY, FEBRUARY 4, 1938.

1591

That the co-author of said resolution be appointed as a committee to investigate and report to the house the following:
Number of letters
The cost of letters
and who paid for same
Messrs. Jones of Bartow, Carmichael of Cobb, and Kendrick of Fulton move to amend House Resolution No. 170 by striking paragraph calling for answer of letters by Mr. Webb.
The resolution, as amended, was adopted.
Mr. Whaley of Telfair requested the Journal to show that he cast his ballot against the adoption of the resolution.
Mr. Jones of Bartow moved that the House do now adjourn until10:00 o'clock Monday morning, February 7, and the motion prevailed.
Leaves of absence were granted to Messrs. Pilcher of Warren, Bennett of Ware, Warnock of Montgomery, and Sutton of Wilkes.
The Speaker announced the House adjourned until 10:00 o'clock Monday morning, February 7, 1~38.

1592

JouRNAL OF THE HousE,

REPRESENTATIVE HALL, ATLANTA, GA.,

MoNDAY, FEBRUARY 7, 1938.

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 Rev. Joseph Broughton, of Atlanta, Georgia.

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

Adams

Culpepper of Fayette

Allison

Daughtry

Almand

Daves

Ansley

Davis

Barlow

Deal

Barnard

Dean

Barrett

DeFoor

Batchelor

Dollar

Beck

Douglass

Blease

Drake

Bond

Drinkard

Booth

Dugas

Bradley

Dukes

Brewton

Dunn

Bridges

Durden

Brooks of Jackson

Edwards

Brooks of Oglethorpe Ellington

Brown of Greene

Elliott

Brown of Peach

Ennis

Campbell

Erwin

Candler

Etheridge

Carmichael of Cobb

Evans

Carmichael of Randolph Ferguson

Chappell

Field

Clark

Fitts

Clary

Fowler

Claxton

Freeman

Clements

Gammage

Cochran

Gavin

Cogdell

Goff

Cohen

Gross

Coleman

Groover

Corbett

Grubbs

Coxon

Guyton

Croker

Hamby

Hampton Hand Harden Harrell of Brooks Harris Harrison Hart Harvey Hayes Hendrix Herndon Herrin Hill of Clarke Hodges Hogg Hollis Holt Houston Houze Jackson Joel Johnson Jones of Bartow Jones of Brantley Jones of Dodge Jones of Elbert Kendrick Key Kirbo Lanham Lanier Larsen Leonard Lewallen Lewis

7, MoNDAY, FEBRUARY

1938.

1593

Mankin Manry Marshall Martin Mavity McCracken McCravey McGraw McNall Middleton Milam Miller Moore of Baldwin Moore of Haralson Moore of Lumpkin Moore of Taliaferro Morgan Morris Moss Mundy Musgrove Newby
Newton Oden Palmour Parker

Perry
Peters Pilcher Pirkle Pound Preston of Bulloch Preston of Walton Ragan Rawlins Rees Reid of Carroll Rowland Sabados Sams Sanders Sapp Sartain Saunders Scruggs Simmons Smith of Dodge Smith of Henry Smith of Muscogee Sutton Swindle

Tapp Tate Todd Thomas Trapnell Trippe Turner Vickery Wall Wages Walton Ware Warnell Watkins Weaver Welsch Whaley Whipple Whitaker Williams of Bacon Williams of Jones Wilson Yeomans Zellner Mr. Speaker

Mr. Harrell of Brooks, Acting 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 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 bills and resolutions.

1594

JouRNAL oF THE HousE,

5. First reading and reference of Senate bills and resolutions.
By unanimous consent, the following bills and resolutions were introduced, read the first time, and referred to the committees:
By Mrs. Mankin, Messrs. Kendrick and Hastings of Fulton-
House Bill No. 557. A bill to be entitled an Act to amend an Act entitled "An Act to prescribe additional duties for Coroners in counties having a population of 200,000 or more," and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Oden of Pierce-
House Bill No. 558. A bill to be entitled an Act to provide that official bond premiums of tax collectors and tax receivers in all counties in this State of a population of not less than 12,520 and not more than 12,525, shall be paid out of county funds by the proper county fiscal authorities, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Jones of Brantley-
Hause Resolution No. 171-558a. A resolution proposing an amendment to the Constitution of the State of Georgia authorizing the Board of Education of the County of Brantley to levy a school tax not exceeding five mills, in addition to the five mills now authorized by law, and for other purposes.
Referred to Committee on Amendments to Constitution No. 2.
Mr. Brown of Greene 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. 136. Do pass. Respectfully submitted, BROWN of Greene, Chairman.

MoNDAY, FEBRUARY 7, 1938.

1595

Mr. Sartain of Walker County, Chairman of the Committee on Engrossing, submitted the following report:
Mr. Speaker:
Your Committee on Engrossing has examined, found properly engrossed, and ready for transmission to the Senate, the following bill of the House, to-wit:
House Bill No. 544.
Respectfully submitted,
SARTAIN of Walker, Chairman.
Mr. Groover of Troup County, Chairman of the Committee on Enrolling, submitted the following report:
Mr. Speaker:
Your Committee on Enrolling has examined, found properly enrolled, and ready for transmission to the Governor, the following bills and resolutions of the House, to-wit:
House Bills Nos. 278, 448, 489, 497, 499, 500, 501, 505, 509, 510, 512, 516.
House Resolutions Nos. 59-297a, 131-480a, 138-504a, 137-503a, 170.
Respectfully submitted,
GRoovER of Troup, Chairman.
Mr. Coleman of Lowndes County, Chairman of the Committee on Privileges and Elections, submitted the following report:
Mr. Speaker:
Your Committee on Privileges and Elections 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. 105. Do pass, as amended. Respectfully submitted, CoLEMAN of Lowndes, Chairman.

1596

JouRNAL oF THE HousE,

Mr. Gross of Stephens County, Vice-Chairman of the Committee on Public Highways No. 1, submitted the following report:
Mr. Speaker: Your Committee on Public Highways No. 1 have had under
consideration the following bills and resolutions of the House and Senate and have instructed me, as Vice-Chairman, to report the same back to the House with the following recommendations:
House Resolution No. 163-540a. Do not pass. House Resolution No. 165-544a. Do pass. Senate Bill No. 133. Do pass. Senate Bill No. 132. Do pass. Senate Bill No. 121. Do pass.
Respectfully submitted,
GRoss of Stephens, Vice-Chairman.
Mr. Ragan of Pulaski County, Vice-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 bill of the House and have instructed me, as Vice-Chairman, to report the same back to the House with the following recommendation:
House Bill No. 547. Do pass.
Respectfully submitted,
RAGAN of Pulaski, Vice-Chairman.
Mr. Houston of Worth County, Chairman of the Committee on Special Appropriations, submitted the following report:
Mr. Speaker: Your Committee on Special Appropriations have had under
consideration the following bill of the House and have instructed

MoNDAY, FEBRUARY 7, 1938.

1597

me, as Chairman, to report the same back to the House with the following recommendation:
House Bill No. 556. Do pass.
Respectfully submitted,
HousTON of Worth, Chairman.
Mr. Houston of Worth County, Chairman of the Committee on Special Appropriations, submitted the following report:
Mr. Speaker:
Your Committee on Special Appropriations have had under . consideration the following 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. 549. Do pass.
Respectfully submitted,
HousTON of Worth, Chairman.
By unanimous consent, the following bills and resolutions of the House and Senate, favorably reported, were read the second time:
By Senator Lindsay of the 34th District-
Senate Bill No. 105. A bill to be entitled an Act to amend Section 34-1302 of the Code of 1933 relating to elections, etc., and for other purposes.
By Senators Forrester of the 44th District, Griner of the 45th District, and Harrison of the 17th District-
Senate Bill No. 121. A bill to be entitled an Act to provide that members of the Highway Board devote their full time to duties of office, and for other p~rposes.
By Senators Jackson of the 14th District, Millican of the 52nd District, Jones of the 38th District, Purdom of the 46th District, and Phillips of the 29th District-
Senate Bill No. 132. A hill to he entitled an Act to amend

1598

JouRNAL OF THE HousE,

Section 68-301 of the 1933 Code of Georgia, relating to speed of pneumatic tire vehicles, and for other purposes.
By Senators Lindsay of the 34th District and Pope of the 7th District-
Senate Bill No. 133. A bill to be entitled an Act to authorize the State Highway Boa~d to execute lease contracts granting easements on the rights of way, and for other purposes.
By Senator Atkinson of the 1st District-
Senate Bill No. 136. A bill to be entitled an Act permitting counties of a certan population to regulate and control barbecue stands, road houses, dance halls, etc., within their respective. limits, and for other purposes.
By Messrs. Ferguson and Chappell of Sumter-
House Resolution No. 165-544a. A resolution authorizing the House of Representatives, the Senate concurring, to name the bridge now being constructed on the Crisp Military Highway between Ft. Benning and Ft. Screven, across the Flint River, connecting the County of Sumter with the County of Crisp, and for other purposes.
By Mr. Williams of Jones-
House Bill No. 547. A bill to amend the Highway Mileage Act so as to add a certain road to the System of State Aid Roads, and for other purposes.
By Messrs. Grayson of Chatham, Freeman of Bibb, Dean of Rockdale, McNall of Chatham, Houston of Worth, and Harrell of Brooks-
House Bill No. 549. A bill to be entitled an Act to amend Section 78-216 of the 1933 Code of Georgia to provide for the payment of $40.00 per month pension to Confederate Veterans, and for other purposes.
By Mr. Kendrick of Fulton-
House Bill No. 556. A bill to be entitled an Act to provide for an appropriation from the State Treasury for the purpose of

MoNDAY, FEBRUARY 7, 1938.

1599

purchasing materials to repair the State Capitol Building, and for other purposes.

The following resolution of the House was read and referred to the Committee on Rules:

By Mr. Evans of McDuffie-

Hause Resolution No. 170. A resolution to amend the calendar submitted by the Committee on Rules by adding House Bill No. 138 and House Resolution No. 81-338a, and for other purposes.

Mr. Blease of Brooks 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. Elliott of Muscogee arose to a question of personal privi-

lege and addressed the House.

.

By unanimous consent, the following bill of the Senate was

withdrawn from the Committee on Counties and County Matters,

read the second time, and recommitted to the Committee on

Counties and County Matters:

By Senator Jackson of the 14th District-

Senate Bill No. 139. A bill to be entitled an Act to change method of compensating the Ordinary in certain counties, and for for other purposes.

Mr. Harris of Richmond arose to a question of personal privilege and addressed the House.

By unanimous consent, the Clerk was instructed and directed to correct a typographical error in House Bill No. 463.

The following bill of the House was taken up for the purpose of considering the Senate amendment thereto:

By Messrs. Dampier and Larsen of Laurens-

House Bill No. 291. A bill to be entitled an Act to amend an Act providing for special criminal bailiffs in counties having a certain population, and for other purposes.

1600

JouRNAL oF THE HousE,

The following Senate amendment to House Bill No. 291 was read:
By the Senate-
The Senate amends House Bill No. 291, Section 1 thereof, by striking the words "and City" immediately after the words "of the Superior" and immediately prior to the words" Court shall each be" in the eighth line of said Section, so that said Section 1 when so amended shall read as follows:
"Section 1. That Section 808 of the Penal Code of 1910 which provides for the appointment of special criminal bailiffs by the Solicitor Generals of the Superior Courts and the Solicitors of the City Courts in counties having a population of 35,000, or more, as provided for in said Act approved March 28, 1935, is hereby amended by providing that in all counties having a population of not less than 32,685 nor more than 32,700, according to the United States census of 1930, and any future census of the United States, the Solicitor General of the Superior Court shall each be entitled to one or more criminal bailiffs, to be appointed by the Solicitor General with the approval of the Judge of the Court and to be subject to removal by such Judge and Solicitor General for misconduct, or other sufficient cause to be judged of by them."
On the question of agreeing to the Senate amendment to House Bill No. 291, the ayes were 103, the nays 0.
The Senate amendment was agreed to.
Mr. Rees of Webster arose to a question of personal privilege and addressed the House.
The following resolution of the House was read and adopted:
By Mr. Sabados of Dougherty-
House Resolution No. 172.
A RESOLUTION
Whereas, it has come to the attention of the House of Representatives, that Han. Julius Townsend Dudley has passed away at his home in Athens, Georgia, and

MoNDAY, FEBRUARY 7, 1938.

1601

Whereas, Mr. Dudley had for the past twenty-seven years been a faithful, loyal and devoted leader of the University of Georgia, and was known to thousands of Georgia students, for his kindly manner and help to all persons, and especially to students at the University, where he was affectionately known as "Dean" Dudley; and
Whereas his life, and fine Christian character will ever be missed by all who knew him,
Be it therefore resolved by the House of Representatives that this resolution be spread upon the Journal of the House, in memory of said Julius Townsend Dudley, and that a copy of said resolution be sent immediately to his widow, at Athens, Georgia.

Under the order of business established by the Committee on Rules, the following bill of the House was taken up for consideration and read the third time:

By Messrs. Grubbs of Crisp, Brewton of Evans, Dunn of Pike, Houze of Lowndes, and Key of Jasper-
House Bill No. 188. A bill to be entitled an Act to amend an Act to legalize the making of light domestic wines, and for other purposes.

By unanimous consent, the House recessed until 2:30 o'clock P. M., this afternoon.
2:30 o'clock P.M.
The Speaker called the House to order.
By unanimous consent, the following Committee Report was submitted and read:
Mr. Harrell of Brooks County, Vice-Chairman of the Committee on vVays 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

1602

JouRNAL oF THE HousE,

Vice-Chairman, to report the same back to the House with the following recommendation:
House Bill No. 53. Do pass, by substitute.
Respectfully submitted,
HARRELL of Brooks, Vice-Chairman.
By unanimous consent, the following bill of the House, favorably reported, was read the second time:
By Messrs. Fitts of Madison, Hollis of Morgan, Lewallen of Banks, Moore of Taliaferro, Drinkard of Lincoln, and Harrell of Irwin-
House Bill No. 53. A bill to be entitled an Act for the raising of additional public revenue, by the levy of a tax on soft drinks, and for other purposes.
The following resolution of the House was read:
By Messrs. Weaver of Bibb, Pilcher of Warren, and Morgan of Troup--
House Resolution No. 173.
Whereas, the General Assembly in the year 1937 did raise Revenue in the amount of $12,000,000, and,
Whereas, the General Assembly in its Special Session has raised additional revenue in the amount of $9,000,000 or a total of $21,000,000 in new taxes upon the people of Georgia, and
Whereas, there is a possibility that said additional Revenue may be supplemented further by the increase in the expected income from new taxes made, and,
Whereas, this Special Session of the General Assembly after being in session for more than two months has had presented to it only one act which attempts to supplement the anticipated revenue of the several counties of the State caused by Homestead and Personal Property Exemptions passed by the General Assembly which said proposed Act is. now on the calendar of the House for consideration, which Act can be and with ample time being given to its consideration will be acted upon by both Houses of the General Assembly during this week, and,

MoNDAY, FEBRUARY 7, 1938.

1603

Whereas, His Excellency, the Governor of the State of Georgia, has urged the Legislature to adjourn sine die by Saturday night, February 12, 1938, and,
Whereas, the General Assembly of the State of Georgia desires to relieve the fear in the minds of the people in the State concerning the additional burden of taxation,
Therefore be it resolved, the Senate concurring, that this Special Session of the General Assembly of the State of Georgia adjourn sine die at 6:00 P.M., Central Standard, Saturday, February 12, 1938.
Mr. Parker of Colquitt moved that the resolution be referred to the Committee on Rules.
Mr. Ennis of Baldwin moved that the resolution be tabled, and the motion prevailed.
The following resolution of the House was read:
By Mr. Sanders of Coweta-
House Resolution No. 174.
A RESOLUTION
Whereas, the 1937-1938 Extraordinary Session of the General Assembly of Georgia has about completed its labors, and
Whereas, the people of Georgia are anxious for the present extraordinary session to end, and
Whereas, business generally will breathe a sigh of relief upon the end of this said Extraordinary Session, and
Whereas, the taxpayers of Georgia will be saved approximately $3,000.00 per day after the close of this said Session of the General Assembly, therefore
Be it resolved by the House of Representatives, the Senate concurring, that upon adjournment of both Houses on Saturday, February 12, 1938, the 1937-1938 Extraordinary Session of the General Assembly of Georgia be and the same stand adjourned sine die.

1604

JouRNAL OF THE HousE,

Mr. Sabados of Dougherty moved that the resolution be tabled, and the motion prevailed.
The following bill of the House was again taken up for consideration:
By Messrs. Grubbs of Crisp, Brewton of Evans, Dunn of Pike, Houze of Lowndes, and Key of Jasper-
House Bill No. 188. A bill to be entitled an Act to amend an Act to legalize the making of light domestic wines, and for other purposes.
Mr. Clary of Columbia moved the previous question, the call was sustained, and the main question ordered.
The following amendments to House Bill No. 188 were read and adopted:
Messrs. Allison of Gwinnett, Lewis of Burke, and Sabados of Dougherty move to amend House Bill No. 188 as follows:
By striking the third paragraph of sub-section (b) of Section 4, and inserting in lieu thereof the following:
"Nothing in this Act shall be construed to prohibit any county, municipality or other political sub-division of the State from levying a local occupational license for the privilege of selling wine."
Mr. Lewis of Burke moves to amend House Bill No. 188 as follows:
By striking therefrom the fourth paragraph of Section 10, which paragraph reads as follows:
"No wine shall be sold by any retailer in this State except same was purchased or acquired from a licensed wholesale Georgia distributor."
Mr. Harrell of Brooks moves to amend House Bill No. 188 by striking all reference to tax on imported wine and inserting a new provision to be properly numbered as follows: The tax on imported foreign fortified wines shall remain at the present rate of 60 per gallon.

MoNDAY, FEBRUARY 7, 1938.

1605

Mr. Adams of Franklin moves to amend House Bill No. 188 and to be appropriately numbered and to read:

It shall be unlawful to possess or sell synthetic wine in Georgia.

Mr. Smith of Muscogee moved that the bill be tabled.

On the motion to table, the ayes were 51, the nays 76, and the motion was lost.

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

On the passage of the bill, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Ansley Barlow Booth Brewton Brooks of Oglethorpe Campbell Carmichael of Cobb Chappell Clark Clary
Cochran Cogdell Cohen Coleman Corbett Coxon Croker Daves Deal Dean Douglass Drake Dunn Durden Edwards Fowler Freeman Oammage

Gavin Goff Gross Grubbs Hampton Harrell of Brooks Harris Hart Harvey Herrin Hill of Clarke Hogg Hollis Houze Joel Johnson Jones of Bartow Jones of Brantley Jones of Elbert Kendrick Key
Kirbo Lewis Mankin Marshall Mavity McGraw Moore of Haralson Morgan

Musgrove Newby Palmour Perry
Peters Pirkle Preston of Bulloch Preston of Walton Ragan Rawlins Reid of Carroll Sabados Sanders Sapp Simmons Smith of Henry Swindle Tate Todd Thomas Turner Walton Warnell Weaver Whaley Whitaker Williams of Jones Wilson

1606

JouRNAL OF THE HousE,

.Those voting in the negative were Messrs.:

Allison

Ferguson

Batchelor

Field

Beck

Fitts

Bond

Groover

Bridges

Guyton

Brown of Greene

Hand

Brown of Peach

Harden

Candler

Harrison

Carmichael of Randolph Hendrix

Claxton

Herndon

Clements

Houston

Culpepper of Fayette Jones of Dodge

Daughtry

McCracken

Davis

McCravey

Dollar

Middleton

Drinkard

Moore of Baldwin

Dukes

Moore of Taliaferro

Elliott

Morris

Ennis

Moss

Erwin

Mundy

Evans

Those not voting were Messrs.:

Newton Parker Pilcher Pound Rees Rowland Sams Sartain Saunders Scruggs Smith of Dodge Smith of Muscogee Tapp Trippe Vickery Wall Ware Whipple Yeomans Zellner

Almand Bargeron Barnard Barrett Bennett Blease Bradley Brooks of Jackson Culpepper of Mitchell Dampier DeFoor Dugas Ellington Etheridge Flanders
Gary
Grayson Hamby
Harrell of Irwin Hastings

Hayes Hill of Screven Hodges Holt Horne Jackson Jones of Jenkins Keel Lanham Lanier Larsen Leonard Lewallen Manry Martin McGehee McNall Milam Miller

Moore of Lumpkin Oden Patten Peebles Phillips Reid of Wilcox Rountree Salter Spence Striplin Sutton Taunton Trapnell Wages Warnock Watkins Welsch Williams of Bacon Mr. Speaker

The roll call was verified.

MoNDAY, FEBRUARY 7, 1938.

1607

On the passage of the bill, as amended, the ayes were 86, the nays 61.
The bill having failed to receive the requisite constitutional majority was lost.
Mr. Key of Jasper gave notice that at the proper time he would move that the House reconsider its action in failing to pass House Bill No. 188.
Under the order of business established bv the Committee on Rules, the following bills of the Senate were taken up for consideration and read the third time:
By Senator Millican of the 52nd District-
Senate Bill No. 43. A bill to be entitled an Act to amend Code Section 59-101; with reference to jury commissioners and the removal of same, and for other purposes.
Mr. Jones of Dodge moved that the bill be tabled, and the motion was lost.
Mr. Gross of Stephens moved the previous question, the call was sustained, and the main question ordered.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 43, the nays 69.
The bill having failed to receive the requisite constitutional majority was lost.
By Senator Burgin of the 24th District-
Senate Bill No. 73. A bill to be entitled an Act proposing an amendment to the Constitution with reference to the passage of local bills in the General Assembly, and for other purposes.
The following amendment to Senate Bill No. 73 was read:
Mr. Harris of Richmond moves to amend Senate Bill No. 73 by striking paragraph 16 and inserting the following paragraph in lieu thereof:
Paragraph 16. No local or special bill shall be enacted by the General Assembly. The General Assembly shall provide three

1608

JouRNAL o:F THE Hous,

uniform plans for the operation of municipal governments in the State, and three uniform plans for the operation of county governments in the State, and each municipality and/or county within the State are hereby required to decide by a majority vote of the registered and qualified voters of each particular municipality or county which of the three alternative forms of government shall be adopted within a period of twelve months from the passage of the bills creating said uniform systems by the General Assembly.
Mr. Culpepper of Fayette moved that the bill be indefinitely postponed.
Mr. Palmour of Hall moved the previous question.
Mr. Jones of Bartow moved that the House do now adjourn until 9:30 o'clock tomorrow morning, and the motion was lost.
The call for the previous question was sustained.
On the motion to indefinitely postpone, Mr. Joel of Clarke moved the ayes and nays, and the call was not sustained.
On the motion to indefinitely postpone, the ayes were 82, the nays 49, and the motion prevailed.
Mr. Smith of Muscogee moved that the House do now adjourn until 9:30 o'clock tomorrow morning.
On the motion to adjourn until 9 :30 o'clock tomorrow morning, Mr. Sabados of Dougherty moved the ayes and nays, and the call was not sustained.
On the motion, the ayes were 76, the nays 52, and the motion prevailed.
Leaves of absence were granted to Messrs. Moore of Baldwin and Gross of Stephens.
The Speaker announced the House adjourned until 9:30 o'clock tomorrow morning.

TUESDAY, FEBRUARY 8, 1938.

1609

REPRESENTATIVE HALL, ATLANTA, GA.,
TuESDAY, FEBRUARY 8, 1938.
The House met, pursuant to adjournment, this day at 9:30 o'clock A. M., was called to order by the Speaker and opened with prayer by the Chaplain.
By unanimous consent, the call of the roll was dispensed with.
Mr. Dampier of Laurens, Acting Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
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 bills and resolutions.
5. First reading and reference of Senate bills and resolutions.
Bv unanimous consent, the following bills and resolution of the House were introduced, read the first time, and referred to the committees:
By Mr. Sutton of Wilkes-
House Bill No. 559. A bill to be entitled an Act to authorize the City of Washington, to enact zoning and planning laws, and for other purposes.
Referred to Committee on State of Republic.

1610

JouRNAL oF THE HousE,

By Messrs. Daves of Dooly and Horne of Bibb-
House Resolution No. 175-559a. A resolution to provide that the National Congress and others having authority of the National Government to take immediate steps to enact into law a provision whereby the General Government may aid and assist the great body of honorable Americans engaged in Agriculture, and for other purposes.
Referred to Committee on General Agriculture No.2.
By Mr. Morris of Douglas-
House Bill No. 560. A bill to be entitled an Act to amend House Bill No. 307 of present special session; creating a Board of Commissioners of Roads and Revenues for the County of Douglas; and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Freeman and Horne of Bibb, and Flanders of Emanuel-
House Bill No. 561. A bill to be entitled an Act to amend the Constitution of the State of Georgia, authorizing and directing the removal of the State Capitol from the City of Atlanta to the City of Macon, and for other purposes.
Referred to Committee on Special Judiciary.
Mr. Sams of DeKalb County, Vice-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 Vice-Chairman, to report the same back to the House with the following recommendation:
House Resolution No. 171-558a. Do pass.
Respectfully submitted,
SAMS of DeKalb, Vice-Chairman.

TuESDAY, FEBRUARY 8, 1938.

1611

Mr. Brown of Greene 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. 557. Do pass.
House Bill No. 558. Do pass.
Respectfully submitted,
BROWN of Greene, Chairman.
Mr. Groover of Troup County, Chairman of the Committee on Enrolling, submitted the following report:
Mr. Speaker: Your Committee on Enrolling has examined, found properly
enrolled, and ready for transmission to the Governor, the following bill of the House, to-wit:
House Bill No. 291. Respectfully submitted, GROOVER of Troup, Chairman.
Mr. Gross of Stephens County, Vice-Chairman of the Committee on Public Highways No. 1, 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 Vice-Chairman, to report the same back to the House with the following recommendation:
Senate Bill No. 76. Do pass. Respectfully submitted, GRoss of Stephens, Vice-Chairman.

1612

JouRNAL oF THE Houst,

By unanimous consent, the following bills and resolution of the House and Senate, favorably reported, were read the second time:
By Senator Millican of the 52nd District-
Senate Bill No. 76. A bill to amend an Act approved March 18, 1937 (Georgia Laws 1937, p. 167) entitled "Motor Fuel Tax Law," and for other purposes.
By Mr. Jones of Brantley-
Hause Resolution No. 171-558a. A resolution proposing to the qualified voters of the State of Georgia an amendment to the Constitution authorizing the Board of Education of the County of Brantley to levy a school tax not exceeding five mills, in addition to the five mills now authorized, and for other purposes.
By Messrs. Kendrick and Hastings, and Mrs. Mankin of Fulton-
House Bill No. 557. A bill to be entitled an Act to amend an Act entitled "An Act to prescribe additional duties for Coroners in counties having a population of two hundred thousand or more; to provide for the compensation of such Coroners;" and for other purposes.
By Mr. Oden of Pierce-
House Bill No. 558. A bill to be entitled an Act to provide that official bond premiums of tax collectors and tax receivers in all counties in this State of certain population be paid out of county funds by the proper authorities, and for other purposes.
By unanimous consent, the following bill of the House was read the third time and placed upon its passage:
By Mr. Tapp of Gwinnett-
House Bill No. 492. A bill to be entitled an Act to incorporate the Town of Rest Haven in the County of Gwinnett, 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 103, the nays 0.

TuESDAY, FEBRUARY 8, 1938.

1613

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 Senator Williams of the 5th District-
Senate Bill No. 126. A bill to be entitled an Act proposing an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, authorizing the City of Homerville to incur a bonded indebtedness in addition to that already authorized, and for other purposes.
Referred to Committee on Amendments to Constitution No. 1.
By Senator Shannon of the 21st District-
Senate Bill No. 134. A bill to be entitled an Act to amend an Act known as the "Factory for the Blind," and for other purposes.
Referred to Committee on Public Welfare.
By Senator Pope of the 7th District-
Senate Bill No. 142. A bill to be entitled an Act to amend an Act authorizing the chartering and empowering of corporations, and for other purposes.
Referred to Committee on Corporations.
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 Williams of the 5th DistrictSenate Bill No. 126. A bill proposing to the qualified voters
of Georgia an amendment to the Constitution so as to authorize the City of Homerville to incur an additional bonded indebtedness.
The Senate has agreed to the House amendment to the following bill of the Senate, to-wit:

1614

JouRNAL OF THE HousE,

By Senator Williams of the 5th District-
Senate Bill No. 39. A bill authorizing certain counties to create and establish a retirement fund for teachers and employees of County and City School Systems, and for other purposes.
The Senate has appointed as a Committee of Conference to confer with a like committee on the part of the House on the following bill of the Senate, to-wit:
By Senator Spivey of the 16th District and others-
Senate Bill N0. 3. A bill to define and enlarge the jurisdiction of Courts of Ordinary in certain counties with reference to the disposition of misdemeanor cases arising under the Georgia State Highway Patrol Act of 1937, and for other purposes.
Senators Forrester of the 44th District, Hardman of the 33rd District, and Atkinson of the 1st District-
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, as amended, of the House, to-wit:
By Mr. Key of Jasper-
House Resolution No. 32. A resolution to make appropriation for operations of the State Radio Commission as authorized by resolution approved March 30, 1937, 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 and resolutions of the Senate and House, to-wit:
By Senator Shannon of the 21st District-
Senate Bill No. 134. A bill amending an Act known as the "Factory for the Blind," and for other purposes.

TuESDAY, FEBRUARY 8, 1938.

1615

By Senator Pope of the 7th District-
Senate Bill No. 142. A bill amending an Act authorizing the chartering and empowering of corporations, and for other purposes.
By Messrs. Harris, Lanier, and Barrett of Richmond-
House Bill No. 522. A bill amending Section 92-4101 of the Code of 1933 as applies to the City of Augusta.
By Mrs. Mankin and Messrs. Kendrick and Hastings of Fulton-
House Bill No. 531. A bill amending Subsection 8 of Section 24-2715 of the Code of 1933 by providing that the clerk of counties of a certain population may provide a suitable crossreference card index system, and for other purposes.
By Mr. Thomas of Chattooga-
House Resolution No. 101. A resolution furnishing the Georgia Code for Chattooga County, and for other purposes.
By Messrs. Lanham, Keel, and Davis of Floyd-
House Resolution No. 156. A resolution relieving Mrs. Ida Lesser of Floyd County of liability on a criminal bond, and for other purposes.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:
Mr. Speaker:
The Senate has adopted the Conference Committee report on the following bill of the House, to-wit:
By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton-
House Bill No. 349. A bill amending the Act creating a new charter for the City of Atlanta, and for other purposes.
Mr. Smith of Muscogee moved that the House reconsider its action in failing to pass the following bill of the House, to-wit:
By Messrs. Grubbs of Crisp, Brewton of Evans, Dunn of Pike, Houze of Lowndes, and Key of Jasper-

1616

JouRNAL oF THE HousE,

House Bill No. 188. A bill to be entitled an Act to amend an Act to legalize the making of light domestic wines, and for other purposes.
On the motion to reconsider, the ayes were 86, the nays 25, and the motion prevailed.
Under the order of business established bv the Committee on Rules, the following bill of the House wa~ taken up for consideration and read the third time:
By Messrs. Fitts of Madison, Hollis of Morgan, Lewallen of Banks, Moore of Taliaferro, Drinkard of Lincoln, and Harrell of Irwin-
House Bill No. 53. A bill to be entitled an Act for the raising of Public Revenue by a tax on Soft Drinks, and for other purposes.
A substitute offered by the committee was read.
A substitute offered by Mr. Booth of Barrow was read.
A substitute offered by Mr. Chappell of Sumter was read.
A substitute offered by Messrs. Allison of Gwinnett, Sutton of Wilkes, and others was read.
Mr. Sabados of Dougherty moved that the bill and all substitutes be tabled.
On the motion to table, the ayes were 36, the nays 71, and the motion was lost.
Mr. Jones of Elbert moved that all substitutes be printed.
On the motion to print, the ayes were 43, the nays 85, and the motion was lost.
By unanimous consent, the House agreed to instruct the Committee of the Whole House to dispense with the reading of the bill and all substitutes in the Committee of the Whole House.
The House was resolved into the Committee of the Whole House for the purpose of considering House Bill No. 53, and the Speaker designated Mr. Jones of Bartow as the Chairman thereof.

TuEsDAY, FEBRUARY 8, 1938.

1617

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 House do now recess for one hour, and the motion prevailed.
2:00 o'clock P.M.
The Speaker calied the House t<? order.
By unanimous consent, the House agreed to instruct the Committee of the Whole House to close debate at 3:30 o'clock P. M., this afternoon, and begin voting on the bill.
The House was again resolved into the Committee of the Whole House to consider House Bill No. 53, with Mr. Jones of Bartow in the Chair.
The Committee of the Whole House arose, and through its Chairman, reported progress, and asked leave to sit again.
The House was again resolved into the Committee of the Whole House, with Mr. Jones of Bartow in the Chair.
The Committee of the Whole House arose, and through its Chairman, reported progress, and asked leave to sit again.
Mr. Candler of DeKalb moved that the House reconsider its action in limiting the debate, and the motion was ruled out of order.
Mr. Candler of DeKalb moved that the House instruct the Committee of the Whole House that debate on House Bill No. 53 be unlimited.
Mr. Gross of Stephens moved that the House instruct the Committee of the Whole House to begin voting at 4:30 o'clock P.M.
The motion for unlimited debate was lost.

Mr. Carmichael of Cobb moved that the House instruct the Committee of the Whole House to begin voting at 4:00 o'clock P.M.

1618

JouRNAL OF THE HousE,

On the motion that the Committee of the Whole House be instructed to begin voting at 4:30 o'clock, the ayes were 28, the nays 82, and the motion was lost.
The motion that the Committee of the Whole House be instructed to begin voting at 4:00 o'clock was lost.
Mr. Watkins of Butts moved that the House instruct the Committee of the Whole House to begin voting immediately, and the motion prevailed.
The House was again resolved into the Committee of the Whole House with instructions to begin voting immediately on House Bill No. 53, with Mr. Jones of Bartow in the Chair.
The Committee of the Whole House arose, and through its Chairman, reported progress, requested instruction relative to a substitute offered by Mr. Elliott of Muscogee, and asked leave to sit again.
Mr. Culpepper of Fayette moved that the House instruct the Committee of the Whole House to disregard all substitutes offered except those read before the House was originally resolved into Committee of the Whole House, and the motion prevailed.
The House was again resolved into the Committee of the Whole House, with Mr. Jones of Bartow in the Chair with instructions not to consider any substitute to House Bill No. 53, with the exception of those offered before the House was first resolved into the Committee of the Whole House.
The Committee of the Whole House arose, and through its Chairman, reported the bill back to the House with the recommendation that the same do not pass.
On the question of agreeing to the unfavorable report of the Committee of the Whole House, Mr. Allison of Gwinnett moved the ayes and nays, and the call was sustained.
The roll call was ordered and the vote was as follows:

TUESDAY, FEBRUARY 8, 1938.

1619

Those voting in the affirmative were Messrs.:

Adams

Field

Almand

Flanders

Ansley

Freeman

Bargeron

Gary

Barrett

Goff

Batchelor

Grayson

Blease

Groover

Brewton

Hand

Brooks of Jackson

Harden

Brown of Greene

Harrell of Brooks

Campbell

Harris

Candler

Harvey

Carmichael of Cobb

Hastings

Carmichael of Randolph Hayes

Clark

Hendrix

Claxton

Herrin

Clements

Hill of Clarke

Cochran

Hodges

Cogdell

Hogg

Cohen

Hollis

Coleman

Horne

Culpepper of Fayette Houze

Dampier

Jackson

Davis

Johnson

DeFoor

Jones of Bartow

Dollar

Jones of Elbert

Douglass

Keel

Dunn

Kendrick

Durden

Key

Edwards

Kirbo

Elliott

Lanham

Ennis

Larsen

Etheridge

Leonard

Evans

Mankin

Ferguson

Marshall Mavity McNall Middleton Milam Moore of Baldwin Morgan Morris Moss Newby Palmour Perry Phillips Pilcher Pirkle Preston of Bulloch Preston of Walton Rountree Rowland Sabados Sams Simmons Smith of Henry Smith of Muscogee Taunton Thomas Turner Walton Ware Watkins Weaver Whaley Whipple Zellner

Those voting in the negative were Messrs.:

Allison Barlow Barnard Bond Booth Brooks of Oglethorpe Brown of Peach Chappell Corbett

Croker Daughtry Daves Deal Dean Drinkard Dugas Dukes Erwin

Fitts Fowler GaVin Gross Grubbs GuYton Hampton Harrison Hart

1620

JoURNAL OF THE HousE,

Herndon Jones of Brantley Jones of Dodge Jones of Jenkins Lanier Lewallen Lewis Martin McCracken McCravey McGraw Moore of Haralson Moore of Lumpkin Moore of Taliaferro Mundy

Musgrove Newton Oden Pound Rawlins Reid of Carroll Reid of Wilcox Sanders Sartain Saunders Scruggs Smith of Dodge Striplin Sutton

Swindle Tapp
Tate Todd Trippe Vickery Wall Warnock Welsch Whitaker Williams of Bacon Williams of Jones Wilson Yeomans

Those not voting were Messrs.:

Beck Bennett Bradley Bridges Clary Coxon Culpepper of Mitchell Drake Ellington Gammage Hamby

Harrell of Irwin Hill of Screven Holt Houston Joel Manry McGehee Miller Parker Patten Peebles

Peters Ragan Rees Salter Sapp Spence Trapnell Wages Warnell Mr. Speaker

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

On the question of agreeing to the unfavorable report of the committee, the ayes were 103, the nays 70.

The unfavorable report of the committee was agreed to, and the bill was lost.

Under the order of business established by the Committee on Rules, the following bill of the House was taken up for consideration and read the third time:
By Messrs. McCravey of Union, Moss of Gordon, Brown of Peach, Newby of Twiggs, Rees of Webster, Dukes and Scruggs of Washington, Rowland of Johnson, Guyton of Effingham, Beck of Carroll, Evans of McDuffie, and Wages of Jackson-

TuESDAY, FEBRUARY 8, 1938.

1621

House Bill No. 111. A bill to be entitled an Act to allocate one additional cent of the 6 cent gas tax to the several counties of this State for road purposes, and for other purposes.
Mr. Hand of Mitchell moved that the House do now adjourn until 9:30 o'clock tomorrow morning, and the motion prevailed.
Leave of absence was granted to Mr. Bridges of Early.
The Speaker announced the House adjourned until 9:30 o'clock tomorrow morning, and House Bill No. 111 went over until that time under the order of unfinished business.

1622

JouRNAL OF THE HousE,

REPRESENTATIVE HALL, ATLANTA, GA.,

WEDNESDAY, FEBRUARY 9, 1938.

The House met, pursuant to adjournment, this day at 9:30
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

Corbett

Allison

Coxon

Almand

Croker

Ansley

Culpepper of Fayette

Bargeron

Culpepper of Mitchell

Barlow

Dampier

Barnard

Daughtry

Barrett

Daves

Batchelor

Davis

Beck

Deal

Bennett

Dean

Blease

DeFoor

Bond

Dollar

Booth

Douglass

Bradley

Drake

Brewton

Drinkard

Bridges

Dugas

Brooks of .Jackson

Dukes

Brooks of Oglethorpe Dunn

Brown of Greene

Durden

Brown of Peach

Edwards

Campbell

Elliott

Candler

Ennis

Carmichael of Cobb

Erwin

Carmichael of Randolph Etheridge

Chappell

Evans

Clark

Ferguson

Clary

Field

Claxton

Fitts

Clements

Flanders

Cochran

Fowler

Cogdell

Freeman

Cohen

Gammage

Coleman

Gary

Gavin Goff Grayson Gross Groover Grubbs Guyton Hamby Hampton Hand Harden Harrell of Brooks Harrell of Irwin Harris Harrison Hart Harvey Hastings Hayes Hendrix Hemdon Herrin Hill of Clarke Hodges Hogg Hollis Holt Home Houston Houze .Jackson .Joel .Johnson .Tones of Bartow

WEDNESDAY, FEBRUARY 9, 1938.

1623

Jones of Brantley Jones of Dodge Jones of Elbert Jones of Jenkins Keel Kendrick Key
Kirbo Lanham Lanier Larsen Leonard Lewallen Lewis Mankin Manry Marshall Martin Mavity McCracken McCravey McGraw McNall Middleton Milam Miller Moore of Baldwin Moore of Haralson Moore of Lumpkin Moore of Taliaferro Morgan Morris

Mundy Newby Newton Oden Palmour Parker Patten Perry Peters Phillips Pilcher Pirkle Pound Preston of Bulloch Preston of Walton Ragan
Rawlins Rees Reid of Carroll Reid of Wilcox Rountree Rowland Sabados Sams Sanders Sapp Sartain Saunders Scruggs Simmons Smith of Dodge Smith of Henry

Smith of Muscogee Spence Striplin Sutton Swindle Tapp Tate Taunton Todd Thomas Trapnell Trippe Turner Vickery Wall Walton Ware Warnell Warnock Watkins Weaver Welsch Whaley Whipple Whitaker Williams of Bacon Williams of Jones Wilson Yeomans Zellner Mr. Speaker

Mr. Dampier of Laurens, Vice-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.

1624

JouRNAL 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 bills and resolutions.
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. Zellner of Monroe-
House Resolution No. 176-561a. A resolution to require the Commissioner of Agriculture to discontinue operation of a restaurant in competition with the taxpayers of the State of Georgia, and for other purposes.
Referred to Committee on General Agriculture No. 2.
By Mr. Sapp of Coffee-
House Bill No. 562. A bill to be entitled an Act to prohibit the running at large of goats in counties of this State having a population of not less than 19,725 and not more than 19,825, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Dugas of White-
House Resolution No. 178-562a. A resolution naming a certain highway in honor of Hon. Thomas M. Bell, and for other purposes.
Referred to Committee on Public Highways No. 1.
By Messrs. Jones of Brantley and Horne of Bibb-
House Bill No. 563. A bill to be entitled an Act to levy a tax on all business transactions of manufacturers, wholesalers, and public utilities; to except wholesalers of farm produce from operation of this Act; and for other purposes.
Referred to Committee on Ways and Means.

WEDNESDAY, FEBRUARY 9, 1938.

1625

Mr. Key of Jasper County, Chairman of the Committee on Appropriations, submitted the following report:
Mr. Speaker:
Your Committee on 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. 136-499a. Do pass.
Respectfully submitted,
KEY of Jasper, Chairman.
Mr. Williams of Jones County, Chairman of the Committee on Corporations, submitted the following report:
Mr. Speaker:
Your Committee on Corporations 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. 142. Do pass.
Respectfully submitted,
WILLIAMS of Jones, Chairman.
Mr. Brown of Greene 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 Senate and have instructed me, as Chairman, to report the same back to the House with the following recommendations:
House Bill No. 560. Do pass.
Senate Bill No. 139. Do pass, by substitute.
Respectfully submitted,
BRoWN of Greene, Chairman.

1626

JouRNAL oF THE HousE,

Mr. Sartain of Walker County, Chairman of the Committee on Engrossing, submitted the following report:
Mr. Speaker:
Your Committee on Engrossing has examined, found properly engrossed, and ready for transmission to the Senate, the following bill and resolution of the House, to-wit:
House Bill No. 492.
House Resolution No. 179.
Respectfully submitted,
SARTAIN of Walker, Chairman.
Mr. Groover of Troup County, Chairman of the Committee on Enrolling, submitted the following report:
Mr. Speaker: Your Committee on Enrolling has examined, found properly
enrolled, and ready for transmission to the Governor, the following bills and resolutions of the House, to-wit:
House Bills Nos. 463, 522, 531.
House Resolutions Nos. 101-380a, 156-528a.
Respectfully submitted, GRoovER of Troup, Chairman.
Mr. Rawlins of Ben Hill County, Chairman ofthe Committee on Game and Fish, submitted the following report: Mr. Speaker:
Your Committee on Game and Fish 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 Bill No. 529. Do not pass. House Resolution No. 103-381a. Do not pass.

WEDNESDAY, FEBRUARY 9, 1938.

1627

House Resolution No. 15Q-522a. Do not pass.
House Bill No. 48. Do not pass.
Respectfully submitted,
RAWLINS of Ben Hill, Chairman.
Mr. Cochran of Thomas 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 resolution of the House and have instructed me, as Chairman, to report the same hack to the House with the following recommendation:
House Resolution No. 175-559a. Do pass.
Respectfully submitted,
CocHRAN of Thomas, Chairman.
Mr. Cochran of Thomas 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 hill of the House and have instructed me, as Chairman, to report the same hack to the House with the following recommendation:
House Bill No. 546. Do not pass.
Respectfully submitted,
CocHRAN of Thomas, Chairman.
Mr. McCracken of Jefferson 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 hill of the House and have instructed

1628

JouRNAL oF THE HousE,

me, as Chairman, to report the same back to the House with the following recommendation:
House Bill No. 553. Do pass.
Respectfully submitted,
McCRACKEN of Jefferson, Chairman.
Mr. Pound of Hancock 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 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. 124. Do pass.
House Bill No. 550. Do pass.
House Bill No. 555. Do pass.
House Bill No. 30. Do not pass.
Respectfully submitted,
PouND of Hancock, Chairman.
Mr. Adams of Franklin County, Chairman of the Committee on Public Library, submitted the following report:
Mr. Speaker:
Your Committee on Public Library 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. 50-244a. Do pass. Respectfully submitted,
ADAMS of Franklin, Chairman.

WEDNESDAY, FEBRUARY 9, 1938.

1629

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 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. 134. Do pass.
Respectfully submitted,
MRs. CoxoN of Long, Chairman.
Mr. Trapnell of Candler 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 Senate and have instructed me, as Chairman, to report the same back to the House with the following recommendations:
House Bill No. 285. Do pass.
House Bill No. 454. Do pass.
House Bill No. 472. Do pass.
House Bill No. 474. Do pass.
House Bill No. 487. Do pass.
Senate Bill No. 15. Do pass, as amended.
Respectfully submitted,
TRAPNELL of Candler, Chairman.
Mr. Trapnell of Candler 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 Senate and have

1630

JouRNAL OF THE HousE,

instructed me, as Chairman, to report the same back to the House with the following recommendations:
House Bill No. 561. Do pass.
Senate Bill No. 137. Do pass.
Respectfully submitted,
TRAPNELL of Candler, Chairman.
Mr. Coleman 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 con-
sideration 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. 559. Do pass. Respectfully submitted, CoLEMAN of Lowndes, Chairman.
Mr. Coleman 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 con-
sideration 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. 545. Do pass. House Resolution No. 35--152a. Do not pass.
Respectfully submitted, CoLEMAN of Lowndes, Chairman.
Mr. Freeman of Bibb County, Chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker: Your Committee on Ways and Means have had under con-

WEDNESDAY, FEBRUARY 9, 1938.

1631

sideration 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. 551. Do pass.
Respectfully submitted,
FREEMAN of Bibb, 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 52nd District-
Senate Bill No. 15. A bill to be entitled an Act providing that all conveyances used on roads and waters of the State in conveying tickets or records used in operation of lottery by any person or firm in violation of Sections 26-6501 and 26-6502 shall be seized, and for other purposes.
By Senators Griner of the 45th District, Harrison of the 17th District, and Jones of the 38th District-
Senate Bill No. 124. A bill to be entitled an Act to amend the "Highway Mileage Act," by adding additional mileage to the State Aid System, and for other purposes.
By Senator Shannon of the 21st District-
Senate Bill No. 134. A bill to be entitled an Act to amend an Act known as the "Factory for the Blind," and for other purposes.
By Senator Millican of the 52nd District-
Senate Bill No. 137. A bill to be entitled an Act to amend an Act entitled "Atlanta, City of, Municipal Court established," and for other purposes.
By Senator Pope of the 7th District-
Senate Bill No. 142. A bill to be entitled an Act to amend an Act authorizing the chartering and empowering of corporations, and for other purposes.

1632

JouRNAL oF THE HousE,

By Messrs. Dampier and Larsen of Laurens-
House Resolution No. 5G-244a. A resolution to provide Georgia Law Reports for the Court of Ordinary of Laurens County, and for other purposes.
By Messrs. Durden of Dougherty and Bennett of Ware-
House Bill No. 285. A bill to be entitled an Act to amend the Code of 1933, relating to seizure of conveyances loaded with contraband liquors, and for other purposes.
By Mr. Harrell of Brooks-
House Bill No. 454. A bill to be entitled an Act to authorize the tax collectors and tax commissioners of Georgia to accept partial payments on delinquent ad valorem taxes, and for other purposes.
By Messrs. Ragan of Pulaski and Horne of Bibb-
House Bill No. 472. A bill to be entitled an Act to provide that all Circuit Court Reporters shall be Commissioners at Large with power to take depositions in any county in Georgia, and for other purposes.
By Mr. Joel of Clarke-
House Bill No. 474. A bill to be entitled an Act to prevent employment of any person, firm or corporation by the Governor or any state official to collect delinquent taxes on commtsswn basis, and for other purposes.
By Messrs. Sams and Candler of DeKalb-
House Bill No. 487. A bill to be entitled an Act to provide for the priorities of taxes and executions issued for all taxes, other than ad valorem taxes, and for other purposes.
By Mr. Booth of Barrow-
House Resolution No. 136-499a. A resolution authorizing the proper authorities to refund the license fee of $200.00 imposed on wholesale sea food dealers of their State, and for other purposes.

\VEDNESDAY, FEBRUARY 9, 1938.

1633

By Mr. Parker of Colquitt-
House Bill No. 545. A bill to be entitled an Act to amend an Act known as the Building and Loan Act, so as to allocate the fees paid to be used by the Secretary of State in enforcement of the provisions of said Act, and for other purposes.
By Mr. Warnock of Montgomery-
House Bill No. 550. A bill to be entitled an Act to amend the "Highway Mileage Act," by adding additional mileage to the State Aid System, and for other purposes.
By Messrs. Chappell of Sumter, Vickery of Charlton, Dugas of White, and Morris of Douglass-
House Bill No. 551. A bill to be entitled an Act to amend the General Tax Act of 1935 by increasing the license fee imposed upon businesses engaged in automobile financing, and by allocating the funds derived therefrom to the Public Health Department, and for other purposes.
By Mr. Rowland of Johnson-
House Bill No. 553. A bill to be entitled an Act to amend the charter of the City of Wrightsville by authorizing the Mayor and Council to improve streets and to provide assessment against the property of said city for said improvements, and for other purposes.
By Mr. Whitaker of Clayton-
House Bill No. 555. A bill to be entitled an Act to amend the "Highway Mileage Act," by adding additional mileage to the State Aid System, and for other purposes.
By Mr. Sutton of Wilkes-
House Bill No. 559. A bill to be entitled an Act to authorize the City of Washington, Georgia, to enact zoning laws, and for other purposes.
By Mr. Daves of Dooly-
House Resolution No. 175-559a. A resolution to provide that the Congress be urged to enact into law a provision whereby

1634

JouRNAL OF THE HousE,

the General Government may aid Americans engaged in Agriculture, and for other purposes.
By Mr. Morris of Douglas-
House Bill No. 560. A bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenue for the County of Douglas, and for other purposes.
By Messrs. Freeman and Horne of Bibb and Flanders of Emanuel-
House Bill No. 561. A bill to be entitled an Act proposing an amendment to the Constitution of Georgia directing the removal of the State Capitol from Atlanta to Macon, and forother 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 Lindsay of the 34th District-
Senate Bill No. 146. A bill creating the office of State Ranger for the Tattnall Prison Property under the State Penal Administration, 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 Senators Terrell of the 19th District and Whitehead of the 30th District-
Senate Resolution No. 65. A resolution providing for a sine die adjournment of the General Assembly at 12:00 o'clock midnight, Central Standard Time, February 12, 1938.

WEDNESDAY, FEBRUARY 9, 1938.

1635

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, as amended, of the House, to-wit:
By Mr. Parker of Colquitt-
House Bill No. 204. A bill to be known as the Uniform Warehouse Receipts Law, and for other purposes.
By Messrs. Leonard, Smith, and Elliott of Muscogee-
House Bill No. 126. A bill to provide for reciprocal agreements with other States as to privileges of operating Motor Vehicles over the Highways of this State, 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 Shedd of the 3rd DistrictSenate Resolution No. 67. A resolution proposing to the
qualified voters of Georgia an amendment to the Constitution authorizing the Board of Education of Brantley County to levy a school tax, and for other purposes.
The Senate has agreed to the House substitute to the following bill of the Senate, to-wit:
By Senator Lindsay of the 34th DistrictSenate Bill No. 105. A bill to amend Section 34-1302 of the
Georgia Code of 1933 relating to election laws, 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

1636

JouRNAL OF THE HousE,

the following bill, by substitute, as amended, of the House, to-wit:
By Messrs. Lewis of Burke and Jones of Jenkins-
House Bill No. 117. A bill providing for and authorizing the Director of Wild Life to make necessary rules and regulations providing for the control and conduct of the fish industry, 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, as amended, of the House, to-wit:
By Messrs. Joel of Clarke, Reid and Beck of Carroll, and others-
House Bill No. 170. A bill amending Part IV, relating to fertilizers and fertilizer materials of Title 5 of the Georgia Code of 1933 relating to Agriculture, 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 Brock of the 37th District-
Senate Bill No. 140. A bill amending the "Motor Carrier Act of 1931," and for other purposes.
The following resolution of the House was read and referred to the Committee on Rules:
By Mr. Zellner of Monroe-
House Resolution No. 177. A resolution providing that House Bill No. 546 be placed upon the calendar of the House for the purpose of considering the unfavorable report of the committee.
The following bill of the House was placed on the calendar for the purpose of considering the unfavorable report of the committee:

WEDNESDAY, FEBRUARY 9, 1938.

1637

By Mr. Zellner of Monroe-
House Bill No. 546. A bill to be entitled an Act to create a department known as the Georgia Marketing Commission, and for other purposes.
Under the order of business established by the Committee on Rules, the following bill of the Senate was taken up for consideration and read the third time:
By Senator Lindsay of the 34th District-
Senate Bill No. 105. A bill to be entitled an Act to amend Section 34-1302 of the Code of 1933, relating to elections, and for other purposes.
The following substitute to Senate Bill No. 105 was read and adopted.
Messrs. Hastings, Kendrick, and Mrs. Mankin of Fulton, and Messrs. Candler, Turner, and Sams of DeKalb move to amend Senate Bill No. 105 by substituting therefor the followmg:
A BILL
To be entitled an Act to amend Section 34-1302 of the Code of 1933, relating to elections, how and when held, by adding to the end of said section the following sentence: "In any precinct, in all counties having wholly or partly within their boundaries a ci tv of not less than two hundred thousand (200,000) population, outside of such incorporated town or city, which precinct has a registration of two hundred (200) or more voters registered to vote in such precinct, such precinct shall be kept open from seven o'clock A. M. to six o'clock P. M.; provided, however, the County Registrars or a majority thereof certify to the fact that two hundred (200) or more voters are registered to vote in such precinct and deliver such certificate to the managers of such voting precinct before the opening of the polls for any election, or primary nomination, or election."
Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that from and

1638

JouRNAL OF THE HousE,

after the passage of this Act Section 34-1302 of the Code of 1933 be, and the same is hereby, amended by adding at the end thereof the following:
"In any precinct, in all counties having wholly or partly within their boundaries a city of not less than two hundred thousand (200,000) population, outside of an incorporated town or city, which precinct has a registration of two hundred (200) or more voters registered to vote in such precinct, such precinct shall be kept open from seven o'clock A. M. to six o'clock P. M., provided, however, the County Registrars or a majority thereof certify to the fact that two hundred (200) or more voters are registered to vote in such precinct and deliver such certificate to the managers of such voting precinct before the opening of the polls for any election, or primary nomination, or election."
Sec. 2. Be it further enacted by the authority aforesaid that all laws, or parts of laws, in conflict herewith be and the same are hereby repealed.
The report of the committee, which was favorable to the passage of the bill, was agreed to, by substitute.
On the passage of the bill, by substitute, the ayes were 107, the nays 1.
The bill having received the requisite constitutional majority was passed, by substitute.
By unanimous consent, the bill was ordered immediately transmitted to the Senate.
The following resolution of the House was read and adopted:
By Messrs. Cohen, McNall, and Grayson of Chatham, Kendrick, Hastings, and Mrs. Mankin of Fulton-
House Resolution No. 179. A resolution memorializing the Postmaster General of the United States to establish a direct air mail route from Savannah to Atlanta, Georgia, and for other purposes.
By unanimous consent, the resolution was ordered immediately transmitted to the Senate.

WEDNESDAY, FEBRUARY 9, 1938.

1639

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

By Messrs. McCravey of Union, Moss of Gordon, Brown of Peach, Newby of Twiggs, and others-

House Bill No. 111. A bill to be entitled an Act to allocate one additional cent of the 6 cent gas tax to the several counties of this State for road purposes, and for other purposes.

The following substitute to House Bill No. 111 was read:

By Messrs. Grayson of Chatham and Carmichael of Cobb-

A BILL
To be entitled an Act amending Section 92-1402, Georgia Code of 1933, distributing the proceeds of the motor fuel tax, by reducing the amount of said tax set aside to the State Highway fund and by increasing the amount of said tax allocated to the counties of the State having a population of less than 40,000; and by amending Section 92-1402 of the Code of 1933 by adding immediately at the conclusion of the said section a new paragraph to be known as Paragraph A of Section 92-1402 to permit the counties having a population of more than 40,000
to levy an additional 72 on the sale and use of gasoline for
general county purposes; and to authprize the governing authorities of said counties to promulgate rules and regulations of the manner and method of collection of said tax; and to repeal Paragraph G, Section 3, Page 176 of the Acts of 1937 of that certain Act approved March 18, 1937; and to repeal all 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 same, that Section 92-1402 of the 1933 Code of Georgia be and the same is hereby amended by striking the word "four" before the word "cents" in line 21 of said section and by striking the words "four cents" wherever they appear in the said section, and inserting in lieu thereof the words "three and one-half cents," and

1640

JouRNAL oF THE HousE,

by changing the period to a semicolon after the word "law" in line 24 of said section and inserting after said semicolon the following language: "and one-half cent per gallon to the several counties of the State having a population of 40,000 or less according to the census of 1930 or any future census to be distributed to said counties in the same method and manner as the one cent per gallon allocated to the several counties of the State is now distributed under existing laws; and by adding at the end of Section 92-1402 of the 1933 Code of Georgia a new paragraph to be known as Paragraph A of said section and to read as follows:
"The several counties of the State of Georgia having a population of more than 40,000 according to the 1930 census or any future census are hereby expressly authorized and empowered to
levy for general county purposes a tax of 72 per gallon on the
sale or use of gasoline within the confines of the several counties of the State.
The governing authorities of the several counties are hereby expressly authorized and empowered to adopt rules and regulations for the enforcement, collection, and manner and method of enforcing and collecting the tax herein authorized. Said governing authorities are also hereby empowered to provide and enforce a penalty for the violation of the rules and regulations adopted by said governing authorities for the enforcement of the collection of said tax. Said penalty may consist of the forfeiture of a bond, conditioned on a true and correct return and payment of said tax, or said penalty may consist of a percentage of any unpaid tax, same being added to the unpaid tax or may consist of a fine not to exceed $100.00, or imprisonment for a period of time not to exceed thirty (30) days for the evasion of the rules and the regulations promulgated by the several counties; said counties may prescribe and enforce any part or all of said penalties." Said section, as amended, shall read as follows:
"92-1402. Rate of tax for fuel distributors. Reports to Comptroller General. Distribution of proceeds.-Each distributor of fuels who engages in such business in this State shall pay an occupation tax of six cents per gallon for each gallon of such fuels (1) imported and sold within this State, or (2) imported and withdrawn for use within this State, or (3) manufac-

WEDNESDAY, FEBRUARY 9, 1938.

1641

tured, refined, produced, or compounded within this State and sold for use and consumption within this State, or used and consumed within this State by the manufacturer, refiner, producer, or compounder. Nothing in this law shall be so construed as to cause double taxation on any of the products specified herein. Where kerosene or fuels are manufactured or refined in this State and shipped out of this State and are brought back into this State and used or consumed, the respective taxes herein fixed shall be paid on such kerosene and fuels. Any manufacturer or refiner in this State may sell to any duly licensed distributor under the terms of this law and require the purchasing distributor to pay the tax herein imposed: Provided, such manufacturer or refiner shall report all such sales to the Comptroller General not later than the next business day after the shipment was made, giving full details of the sale, including quantity, the car initials and number, if a carload shipment, date of shipment, and name and address of consignee. The proceeds of said tax shall be distributed as follows: Three and one-half cents per gallon shall be set aside to the State Highway fund, for system of roads; and State Aid System of Roads; and one cent per gallon to the several counties as now provided by law; and one-half cent per gallon to the several counties of the State having a population of 40,000 or less according to the census of 1930 or any future census to be distributed to said counties in the same method and manner as the one cent per gallon allocated to the several counties of the State is now distributed under existing laws. The one cent of tax now allocated under the terms of this law is hereby set aside to the public schools of the State for an equalization school fund: Provided, however, that should that portion of said tax allocated or set apart to the counties of this State not be available for any reason for such allocation to the said counties, such portion of said tax is hereby allocated and set apart to the State Highway fund to be expended on the State Highway System by the State Highway Board in addition to the said three and one-half cents tax already allocated to said State Highway System: and Provided further, that should that portion of the tax allocated or set apart to the equalization fund for the common school system not be available for any reason for such allocation to. the said equalization fund, such portion of said tax is hereby allocated and set apart for educational purposes in instructing children in

1642

JouRNAL OF THE HousE,

the common schools of this State, in addition to any other appropriations and allocations to the support of the common schools of this State, and shall be paid into the treasury of the State and there remain covered for such purposes.
. A. The several counties of the State of Georgia having a population of more than 40,000 according to the 1930 census or any future census are hereby expressly authorized and em-
powered to levy for general county purposes a tax of Yz per
gallon on the sale or use of gasoline within the confines of the several counties of the State. The governing authorities of the several counties are hereby expressly authorized and empowered to adopt rules and regulations for the enforcement, collection, and manner and method of enforcing and collecting the tax herein authorized. Said governing authorities are also hereby empowered to adopt and enforce a penalty for the violation of the rules and regulations adopted by said governing authorities for the enforcement of the collection of said tax. Said penalty may consist of the forfeiture of a bond, conditioned on a true and correct return and payment of said tax, or said penalty may consist of a percentage of any unpaid tax, same being added to the unpaid tax or may consist of a fine not to exceed $100.00 or imprisonment for a period of time not to exceed thirty (30) days for the evasion of the rules and the regulations promulgated by the several counties; said counties may prescribe and enforce any part or all of said penalties."
Sec. 2. The subparagraph (G), Section 3, Page 176 of an Act approved March 13, 1937, and incorporated in the Acts of 1937, which reads as follows, be and the same is hereby repealed:
"(G) And provided further, that no county, municipal or other political subdivision shall levy any fee, license, privilege, or excise tax or taxes measured or computed in gallons upon the sale, purchase, storage, receipt, distribution, use, consumption, or other disposition of motor fuel and/or kerosene or other like products of petroleum; provided, however, that nothing herein shall prevent the levying by municipalities of reasonable flat license fees or taxes upon the business of selling motor fuel and/or kerosene or other like products of petroleum at wholesale or retail."

WEDNESDAY, FEBRUARY 9, 1938.

1643

Sec. 3. That all laws and parts of laws in conflict herewith he arid the same are hereby repealed.

Mr. Booth of Barrow moved that the hill and all substitutes he tabled.

On the motion to table, Mr. Grayson of Chatham 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.:

Allison Ansley Barnard Batchelor Bennett Booth Clary
Cochran Cogdell Coleman Coxon Croker Dampier Daves Drake Dukes Ennis Etheridge Gary
Gavin

Goff Gross Hamby Hand Harrell of Brooks Hayes Herrin Houze Joel Jones of Brantley Jones of J enki.ns Key Lanier Lewallen Lewis Manry
McCracken McGraw Middleton Moore of Baldwin

Moore of Lumpkin Oden Parker Patten Pirkle Rawlins Rountree Sapp Scruggs Simmons Spence Swindle Tapp Todd Wall Ware Watkins Whaley Wilson Yeomans

Those voting in the negative were Messrs.:

Adams

Chappell

Bargeron

Clark

Barlow

Claxton

Barrett

Clemen"lis

Blease

Cohen

Bond

Corbett

Bradley

Culpepper of Fayette

Brewton

Dean

Brooks of Jackson

DeFoor

Brown of Greene

Dollar

Brown of Peach

Drinkard

Carmichael of Cobb

Dugas

Carmichael of Randolph Dunn

Durden Edwards Elliott Erwin Evans Ferguson Fitts Flanders Freeman Grayson Groover Guyton Harden

1644

JoURNAL OF THE HousE,

Harrison
Hart
Harvey Hendrix Herndon Hogg Hollis Holt Horne Jones of Bartow Kendrick Lanham Marshall MavitY McCravey McNall Milam

Moore of Haralson Morgan Musgrove Newby Newton Perry
Peters Pilcher Preston of Walton Ragan Rees Reid of Carroll Reid of Wilcox Rowland Sabados Sanders

Sartain Smith of Henry Striplin Trapnell Trippe Vickery
Walton Warnell Warnock Weaver Welsch Whipple
Whitaker Williams of Bacon Williams of Jones Zellner

Those not voting were Messrs.:

Almand Beck Bridges Brooks of Oglethorpe Campbell Candler Culpepper of Mitchell Daughtry Davis Deal Douglass Ellington Field Fowler Gammage Grubbs Hampton Harrell of Irwin Harris

Hastings Hill of Clarke Hill of Screven Hodges Houston Jackson Johnson Jones of Dodge Jones of Elbert Keel
Kirbo
Larsen Leonard
Mankin
Martin McGehee Miller Moore of Taliaferro Morris

Moss Mundy
Palmour Peebles Phillips Pound Preston of Bulloch Salter Sams Saunders Smith of Dodge Smith of Muscogee Sutton Tate Taunton Thomas Turner Wages Mr. Speaker

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

On the motion to table, the ayes were 60, the nays 88, and the motion was lost.

The following substitute to House Bill No. 111 was read:

WEDNESDAY, FEBRUARY 9, 1938.

1645

By Messrs. Clements of Wheeler and Dean of Rockdale-
An Act to levy a tax of one cent per gallon on the sale of gasoline, in addition to the taxes now levied; to allocate the funds to the counties of the State according to the mileage of the State Aid System of Roads; to provide for the collection and payment of the tax and to provide for the use of same, and for other purposes.
Section 1. Be it and it is hereby enacted by the General Assembly of Georgia, that from and after the passage of this Act there is hereby levied an additional tax of one cent per gallon on the sale of gasoline.
Sec. 2. That the funds derived from said tax levied hereunder are hereby allocated to the several counties of the State on the basis of the amount each county receives from the State Aid Road fund as is now provided for by law.
Sec. 3. That the collection and payment of this tax of one cent per gallon on the sale of gasoline shall be in the same manner as now provided for by law.
Sec. 4. That the counties may use the funds received hereunder for any and other legal purpose besides road building or maintenance.
Sec. 5. All laws and parts of law in conflict with this Act are hereby repealed.
An amendment offered by Messrs. Lanham of Floyd and Bennett of Ware was read.
The following bill of the Senate was taken up for the purpose of appointing a Committee of Conference thereon:
By Senator Spivey of the 16th District and others-
Senate Bill No.3. A bill to define and enlarge the jurisdiction of Courts of Ordinary in certain counties with reference to the disposition of misdemeanor cases arising under the Georgia State Highway Patrol Act of 1937, and for other purposes.
The Speaker appointed as a Committee of Conference on the

1646

JouRNAL OF THE HousE,

part of the House to confer with a like committee on the part of the Senate, the following members of the House, to-wit:
Messrs. Sutton of Wilkes,
Hayes of Miller, and
Trapnell of Candler.
Mr. Gross of Stephens moved that the House do now recess for one hour, and the motion prevailed.
2:00 o'clock P. M. The Speaker called the House to order.
House Btll No. 111 was again taken up for consideration.
Mr. DeFoor of Mcintosh moved the previous question.
On the motion for the previous question, the ayes were 85, the nays 50, and the call was sustained.
The main question was ordered.
An amendment offered by Mr. Drinkard of Lincoln to the original bill was read and lost.
The substitute offered by Messrs. Grayson of Chatham and Carmichael of Cobb was taken up for consideration.
An amendment to the Grayson and Carmichael substitute offered by Mr. Pilcher of Warren was read and lost.
An amendment to the Grayson and Carmichael substitute offered by Mr. Beck of Carroll and others was read and lost.
The following amendment to the substitute offered by Messrs. Grayson of Chatham and Carmichael of Cobb was read.
Messrs. Bennett of Ware and Lanham of Floyd move to amend the Grayson substitute for House Bill No. 111 by adding a new section to be properly numbered to read as follows:
"Provided that this Act shall expire July 1, 1939."
On the adoption of the amendment, the ayes were 75, the nays 68, and the amendment was adopted.

WEDNESDAY, FEBRUARY 9, 1938.

1647

The substitute offered by Messrs. Clements of Wheeler and Dean of Rockdale was taken up for consideration.

An amendment offered by Mr. Durden of Dougherty was read and lost.

An amendment offered by Mr. Lanham of Floyd and others was read and adopted.

An amendment offered by Mr. McCracken of Jefferson was ruled out of order.

An amendment offered by Mr. Smith of Muscogee was read and lost.

An amendment offered by Mr. Pound of Hancock was read and lost.

An amendment offered by Mr. Beck of Carroll and others was read and lost.

On the adoption of the substitute offered by Messrs. Clements of Wheeler and Dean of Rockdale, Mr. Clements moved the ayes and nays, and the call was not sustained.

On the adoption of the substitute to House Bill No. 111, offered by Messrs. Clements of Wheeler and Dean of Rockdale, the ayes were 28, the nays 106.

The substitute was lost.

On the adoption of the substitute to House Bill No. 111, offered by Messrs. Grayson of Chatham and Carmichael of Cobb, Mr. Grayson of Chatham 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.:

Beck Blease
Bond
Brooks of ::rsckson
Brown of Pesch Candler Carmichael of Cobb
Clark

Cohen Culpepper of Fayette Daughtry DeFoor Dollar Drinkard Erwin Ferguson

Grayson GUYton Hand Harden Harrison Hastings Hendrix Herndon

1648

joURNAL OF THE HousE,

Hogg Horne Jones of Bartow Kendrick Lanham Marshall McCravey McNall Mundy

Newby Palmour Pilcher Ragan Rees Reid of Carroll Rowland Sabados Sams

Smith of Dodge Smith of Henry Striplin Trapnell Trippe Weaver Welsch Williams of Jones

Those voting in the negative were Messrs.:

Allison

Evans

Ansley

Field

Bargeron

Fitts

Barlow

Fowler

Barnard

Gary

Barrett

Gavin

Bennett

Goff

Booth

Gross

Bradley

Groover

Brewton

Grubbs

Brooks of Oglethorpe Hampton

Brown of Greene

Harrell of Brooks

Campbell

Harrell of Irwin

Carmichael of Randolph Harris

Chappell

Hart

Clary

Harvey

Clements

Hayes

Cochran

Herrin

Cogdell

Hill of Clarke

Coleman

Hodges

Corbett

Hollis

Coxon

Houston

Croker

Houze

Culpepper of Mitchell Jackson

Dampier

Joel

Daves

Jones of Brantley

Davis

Jones of Dodge

Deal

Jones of Elbert

Dean

Jones of Jenkins

Douglass

Key

Drake

Kirbo

Dukes

Lanier

Dunn

Leonard

Durden

Lewallen

Ennis

Lewis

Etheridge

Mankin

Manry Martin Mavity McCracken McGraw Milam Miller Moore of Baldwin Moore of Haralson Moore of Lumpkin Moore of Taliaferro Morgan Morris Musgrove Newton Oden Parker Patten Peters Pirkle Pound Preston of Bulloch Preston of Walton Rawlins Reid of Wilcox Rountree Sanders Sapp Saunders Scruggs Simmons Smith of Muscogee Spence Sutton Swindle Tapp

WEDNESDAY, FEBRUARY 9, 1938.

1649

Taunton Todd Thomas Turner Wall Walton

Ware Warnell Warnock Watkins Whaley

Whipple Williams of Bacon Wilson Yeomans Zellner

Those not voting were Messrs.:

Adams Almand Batchelor Bridges Claxton Dugas Edwards Ellington Elliott Flanders Freeman

Gammage Hamby Hill of Screven Holt J''ohnson Keel Larsen McGehee Middleton Moss

Peebles Perry Phillips Salter Sartain Tate Vickery Wages Whitaker Mr. Speaker

(Clerk's Note: Mr. Hastings of Fulton states that he is incorrectly recorded as voting "aye" on the above matter, and that he voted "nay." This note is included as a matter of information.)

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

On the adoption of the substitute, offered by Messrs. Grayson of Chatham and Carmichael of Cobb, the ayes were 50, the nays 124.

The substitute was lost.

The report of the committee, which was unfavorable to the passage of the bill, had been disagreed to previously.

On the passage of the bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Barnard Barrett Beck Blease Bond

Brooks of Oglethorpe Brown of Peach Candler Carmichael of Cobb Clark

Claxton Culpepper of Fayette DeFoor Dollar Drinkard

1650

JouRNAL OF THE HousE,

Dunn Erwin Evans Grayson GUYton Harden Harris

Harrison Herndon Hogg Jones of Bartow Lanham Marshall McCravey

Newby Palmour Rees Rowland Sams Striplin Williams of Bacon

Those voting in the negative were Messrs.:

Allison

Field

Ansley

Fitts

Bargeron

Fowler

Barlow

Gavin

Bennett

Goff

Booth

Gross

Bradley

Groover

Brewton

Grubbs

Brooks of Jackson

Hampton

Brown of Greene

Hand

Campbell

Harrell of Brooks

Carmichael of Randolph Harrell of Irwin

Chappell

Harvey

Clary

Hastings

Clements

Hayes

Cochran

Hendrix

Cogdell

Herrin

Cohen

Hodges

Coleman

Hollis

Corbett

Holt

Coxon

Home

Croker

Houston

Culpepper of Mitchell Houze

Dampier

Jackson

Daughtry

Joel

Daves

Johnson

Davis

Jones of Brantley

Deal

Jones of Dodge

Dean

Jones of Elbert

Douglass

J-ones of Jenkins

Drake

Kendrick

Dugas

Key

Dukes

Lanier

Durden

Leonard

Edwards

Lewallen

Ennis

Lewis

Etheridge

Mankin

Ferguson

ManrY

Mavity McCracken McGraw McNall Miller Moore of Baldwin Moore of Haralson Moore of Taliaferro Morgan Morris Mundy
Newton Oden Parker Patten Peters Pilcher Pirkle Pound Preston of B.ulloch Preston of Walton Ragan Rawlins Reid of Carroll Reid of Wilcox Rountree Sanders Sapp Sartain Saunders Scruggs Simmons Smith of Dodge Smith of Henry Smith of Muscogee Spence Sutton Swindle

WEDNESDAY, FEBRUARY 9, 1938.

1651

Tapp Taunton Todd Trapnell Trippe Turner VickerY

Wall Walton Ware Warnell Warnock Weaver Welsch

Whaley Whipple Williams of Jones Wilson Yeomans Zellner

Those not voting were Messrs.:

Adams Almand Batchelor Bridges Ellington Elliott Flanders Freeman Gammage
Gary
Hamby Hart

Hill of Clarke Hill of Screven Keel Kirbo Larsen Martin McGehee Middleton Milam Moore of Lumpkin Moss Musgrove

Peebles PerrY Phillips Sabados Salter Tate Thomas Wages Watkins Whitaker Mr. Speaker

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

On the passage of the bill, the ayes were 36, the nays 134.

The bill having failed to receive the requisite constitutional majority was lost.

Mr. Davis of Floyd moved that the House do now adjourn until 9:30 ,o'clock tomorrow morning.

On the motion, Mr. Dollar of Grady 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.:

Barlow Barrett Blease Bond Booth Brewton Brooks of Oglethorpe Brown of Greene

Brown of Peach Campbell Candler Carmichael of Cobb Chappell
ClarY Claxton Clements

Culpepper of Fayette Dampier DaughtrY Davis Drinkard Durden Evans Ferguson

1652

jOURNAL OF THE HousE,

Field
Gary
GUYton Hand Harrell of Brooks Harrell of Irwin Harrison Hastings Hogg Home .Joel .Johnson .Jones of Bartow .Jones of .Jenkins

Kirbo Lewallen Marshall McCravey McNall Moore of Haralson Moore of Lumpkin Morris Palmour Patten Preston of Bulloch Rees Rountree

Sanders Simmons Smith of Henry Tapp Taunton Turner Vickery Warnell Warnock Weaver Whaley Williams of Bacon Wilson

Those voting in the negative were Messrs.:

Adams Allison Ansley Bargeron Barnard Beck Bennett Bradley Brooks of .Jackson Cochran Cogdell Coleman Corbett Coxon Culpepper of Mitchell Daves Deal DeFoor Dollar Douglass Drake Dugas Dukes Dunn Ennis Fitts Fowler Gavin Grayson

Gross Groover Hayes Herrin Hodges Hollis Holt Houston Houze .Jones of Brantley .Jones of Elbert Kendrick Key Lanham Lanier Leonard Lewis Mankin
Manry
Martin McCracken McGraw Milam Miller Moore of Baldwin Moore of Taliaferro Morgan Mundy Newby

Newton Oden Parker Pilcher Pirkle Pound Rawlins Reid of Carroll Reid of Wilcox Rowland Sams Sapp Sartain Saunders Scruggs Smith of Mus'cogee Spence Sutton Swindle Todd Thomas Trippe Wall Walton Ware Whipple Williams of .Jones Yeomans Zellner

WEDNESDAY, FEBRUARY 9, 1938.

1653

Those not voting were Messrs. :

Almand

Hamby

Batchelor

Hampton

Bridges

Harden

Carmichael of Randolph Harris

Clark

Hart

Cohen

Harvey

Croker

Hendrix

Dean

Herndon

Edwards

Hill of Clarke

Ellington

Hill of Screven

Elliott

Jackson

Erwin

Jones of Dodge

Etheridge

Keel

Flanders

Larsen

Freeman

Mavity

Gammage

McGehee

Goff

Middleton

Grubbs

Moss

Musgrove Peebles Perry
Peters Phillips Preston of Walton Ragan Sabados Salter Smith of Dodge Striplin Tate Trapnell Wages Watkins Welsch Whitaker Mr. Speaker

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

On the motion to adjourn, the ayes were 64, the nays 87, and the motion was lost.

Under the order of business established by the Committee on Rules, the following bills of the House were taken up for consideration and read the third time:

By Mr. Harris of Richmond-

House Bill No. 532. A bill to be entitled an Act to amend the Banking Laws of the State of Georgia, and for other purposes.

Mr. Booth of Barrow moved the previous question, the call was sustained, and the main question ordered.

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

On the passage of the bill, the ayes were 113, the nays 0.

The bill having received the requisite constitutional majority was passed.

1654

JouRNAL OF THE HousE,

By Messrs. Sutton of Wilkes and Ennis and Moore of Baldwin-
House Bill No. 540. A bill to be entitled an Act to authorize, empower and direct the Governor to assign and set apart the W. & A. Rentals, and for other purposes.
A substitute offered by Messrs. Ennis and Moore of Baldwin and Parker of Colquitt to House Bill No. 540 was taken up for consideration and read.
Mr. Hand of Mitchell moved that the House do now adjourn until 9:30 o'clock tomorrow morning, and the motion prevailed.
Leave of absence was granted to Mr. Batchelor of Putnam.
The Speaker announced the House adjourned until9:30 o'clock tomorrow morning, and House Bill No. 540 went over until that time under the order of unfinished business.

THURSDAY, FEBRUARY 10, 1938.

1655

REPRESENTATIVE HALL, ATLANTA, GA.,
THURSDAY, FEBRUARY 10, 1938.
The House met, pursuant to adjournment, this day at 9:30 o'clock A.M., was called to order by the Speaker and opened with prayer by the Chaplain.
By unanimous consent, the roll call was dispensed with.
Mr. Dampier of Laurens, Vice-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 bills and resolutions.
5. First reading and reference of Senate bills and resolutions.
Mr. Sartain of Walker County, Chairman of the Committee on Engrossing, submitted the following report:
Mr. Speaker: Your Committee on Engrossing has ~xamined, found properly
engrossed, and ready for transmission to the Senate, the following bills and resolutions of the House, to-wit:
House Bills Nos. 532, 559, 560, 540, 547, 550, 555, 556, 558, 188, 423, 506, 545.

1656

JouRNAL OF THE HousE,

House Resolutions Nos. 5Q-244a, 146-517a, 165-544a, 175-559a.
Respectfully submitted,
SARTAIN of Walker, Chairman.
Mr. Gross of Stephens County, Vice-Chairman of the Committee on Public Highways No. 1, submitted the following report:
Mr. Speaker:
Your Committee on Public Highways No. 1 have had under consideration the following resolution of the House and have instructed me, as Vice-Chairman, to report the same back to the House with the following recommendation:
House Resolution No. 178-562a. Do pass.
Respectfully submitted,
GRoss of Stephens, Vice-Chairman.
By unanimous consent, the following resolution of the House, favorably reported, was read the second time:
By Mr. Dugas of White-
House Resolution No. 178-562a. A resolution naming a certain highway in honor of Hon. Thomas M. Bell, 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 Mr. Rowland of Johnson-
House Bill No. 553. A bill to be entitled an Act to amend an Act providing for a new charter for the City of Wrightsville in the County of Johnson, 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 103, the nays 0.
The bill having received the requisite constitutional majority was passed.

THURSDAY, FEBRUARY 10, 1938.

1657

By Mr. Sutton of Wilkes-
House Bill No. 559. A bill to be entitled an Act to authorize the City of Washington, Georgia, to enact zoning and planning laws, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Morris of Douglas-
House Bill No. 560. A bill to be enti tied an Act to amend House Bill No. 307 of present special session by striking Sections 1, 2, 3, 4, 5, 6, 7, 8, 12 and adding new sections to be numbered appropriately, 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, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Senator Millican of the 52nd District-
Senate Bill No. 137. A bill to be entitle,d an Act to amend an Act pertaining to the Municipal Court of the City of Atlanta, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, the nays 0.
The bill having received the requisite constitutional majority was passed.
The Speaker asked unanimous consent that all bills and resolutions that passed the House during the day be immediately transmitted to the Senate, and the request was granted.

1658

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 Senators Atkinson of the 1st District, Purdom of the 46th District, Lindsay of the 34th District, Sutton of the 47th District, Phillips of the 29th District, Jackson of the 14th District, Shannon of the 21st District, Aultman of the 23rd District, and Spivey of the 16th District-
Senate Resolution No. 63. A resolution requesting members of Congress from Georgia to vote against any measure which may tend to reduce the Federal allotment of funds for highway construction in Georgia or other States, and for other purposes.
Referred to Committee on Public Highways No.2.
By Senator Shedd of the 3rd District-
Senate Resolution No. 67. A resolution proposing to the qualified voters of Georgia an amendment to the Constitution authorizing the Board of Education of Brantley County to levy a school tax, and for other purposes.
Referred to Committee on Amendments to Constitution No.2.
By Senator Brock of the 37th District-
Senate Bill No. 140. A bill to be entitled an Act to amend the "Motor Carrier Act of 1931," and for other purposes.
Referred to Committee on Public Highways No. 1.
By Senator Lindsay of the 34th District-
Senate Bill No. 146. A bill to be entitled an Act to create the office of State Ranger for the Tattnall Prison Property under the State Penal Administration, and for other purposes.
Referred to Committee on Penitentiary.
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 resolution of the House, to-wit:

THURSDAY, FEBRUARY 10, 1938.

1659

By Mrs. Mankin and Messrs. Kendrick and Hastings of Fulton-
House Bill No. 269. A bill to amend an Act incorporating the City of Hapeville, and for other purposes.
By Mr. Fowler of Treutlen-
House Bill No. 396. A bill appropriating the sum of$20,000.00 for the Forestry Department to be used during the year 1938 for the purpose of developing the paper-pulp industry in this state, and for other purposes.
By Messrs. Carmichael and Welsch of Cobb-
House Bill No. 543. A bill amending the Constitution of Georgia so as to allow the County of Cobb to establish districts and systems of fire prevention, and for other purposes.
By Mr. Claxton of Camden-
House Bill No. 534. A bill reducing the official bond of the Sheriff of Camden County, and for other purposes.
By Mr. Herndon of Hart-
House Bill No. 544. A bill amending an Act incorporating the Town of Hartwell in Hart County, and for other purposes.
By Messrs. Cohen, MeNall, and Grayson of Chatham, and others-
House Resolution No. 179. A resolution memorializing the Postmaster General of the United States to establish a direct air mail route from Savannah, Georgia, to Atlanta, 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 constitutional majority the following bill, as amended, of the House, to-wit:
By Messrs. Cochran of Thomas, Houston of Worth, Hogg of Marion, and others-
House Bill No. 260. A bill to appropriate the sum of $50,-

1660

JouRNAL oF THE HousE,

000.00 to be used in the prevention and control of plant disease and dangerous insects, 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, by substitute, of the House, to-wit:
By Messrs. Harris and Milam of Spalding-
House Bill No. 208. A bill to amend an Act granting a charter for the City of Griffin, and for other purposes.
By Mr. Gross of Stephens-
House Bill No. 530. A bill amending the Act abolishing the offices of Tax Receiver and Tax Collector of Stephens County, and for other purposes.
Mr. Joel of Clarke arose to a question of personal privilege and addressed the House.
Under the order of business established by the Committee on Rules, the following bill of the House was again taken up for consideration:
By Messrs. Sutton of Wilkes and Ennis and Moore of Baldwin-
House Bill No. 540.. A bill to be entitled an Act to authorize, empower and direct the Governor to assign and set apart the rentals of the Western and Atlantic Railroad for a certain period for a special treasury fund, and for other purposes.
The following substitute offered by Messrs. Ennis and Moore of Baldwin and Parker of Colquitt to House Bill No. 540 was again taken up for consideration:
A BILL
To be entitled an Act to authorize and empower the Governor to assign and set apart the rentals of the Western & Atlantic Railroad for a period of six years for a special treasury fund; to authorize and empower the Governor to draw warrants against said special funds and to authorize the Governor, the State

THURSDAY, FEBRUARY 10, 1938.

1661

Treasurer and State Auditor to discount and/or sell said war-

rants; to provide for the manner of selling such warrants; to

allocate and appropriate the proceeds from such sale to the

State Welfare Department to be used in erecting and repair-

ing buildings and equipment for the Eleemosynary Institutions

of the State; and for other purposes.



Be it enacted by the General Assembly of the State of Georgia:

Section 1. That the Governor of the State is hereby authorized and empowered to immediately assign and set apart the rental arising from the existing lease of the Western & Atlantic Railroad for a period of six years, beginning January 1, 1944 as a special treasury fund to be used exclusively for the purpose of paying warrants drawn against the same as hereinafter provided.

Sec. 2. Be it further enacted that the Governor is hereby authorized and empowered to draw a warrant or warrants against the special fund created by Section 1 of this Act, so held as a special fund in the treasury, and the Governor, State Treasurer and State Auditor are authorized and directed to advertise for bids in such manner as is by them deemed best and to discount and sell said warrant or warrants for cash to the highest bidder. Provided that they shall not sell said warrants at a discount greater then four and forty-one one hundredths (4.41 %) per cent. Said warrant or warrants shall be duly countersigned by the Comptroller General.

Sec. 3. The Governor is hereby authorized, empowered and directed to place in the State Treasury as a special appropriated and allocated fund, the entire proceeds arising from the sale of said warrant or warrants described in Section 2 hereof and said funds so arising are hereby appropriated to the State \Velfare Department to be used in the construction and repairing of buildings and equipment necessary and needed at and by the various Eleemosynary Institutions of this State.

Sec. 4. Be it further enacted that said warrants when so discounted shall constitute collaterals required as security by the State both for deposits and bonds and the banks of the State are authorized to accept same in the same manner and to the same extent for such purposes as any other bonds and securities are accepted.

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Sec. 5. It is the legislative intent in enacting this bill to enact each clause, paragraph and section of same independent of the validity or legality of any and all other clauses, paragraphs and sections in order that if any part of said Act should be held by the courts to be invalid, such holding will in nowise invalidate other portions of same. It being hereby expressly declared that the legislative intent will be preserved by retaining the valid portions of this Act if and after the invalid portions, if any, shall have been rendered void by the judgment of any court.
Sec. 6. All laws and parts of laws in conflict with this Act be and the same are hereby repealed.
The following substitute to House Bill No. 540 was read:
By Messrs. Carmichael of Cobb, Grayson of Chatham, and Jones of Bartow-

A BILL
To be entitled: "An Act to amend an Act entitled 'An Act to authorize, empower and direct the Governor to assign and set apart the rentals of the Western and Atlantic Railroad forcertain periods as special treasury funds; to authorize, empower and direct the Governor to draw warrants against said special funds and to discount and/or sell said warrants; to provide for selling certain of said warrants to the State Highway Board; to provide for placing the proceeds arising from the sale of all said warrants in the treasury; to provide for the expenditure of said proceeds; and for other purposes.' approved August 28, 1931 and embodied in the printed Georgia laws of 1931, pages 261 to 264, inclusive by providing the said Highway Certificates or proceeds of same shall be used for the support of the county governments of Georgia and for other purposes."
Be it enacted by the General Assembly of Georgia as follows:
Section 1. That an Act entitled "An Act to authorize, empower and direct the Governor to assign and set apart the rentals of the Western and Atlantic Railroad for certain periods as special treasury funds; to authorize, empower and direct the Governor to draw warrants against said special funds and to discount and/

THURSDAY, FEBRUARY 10, 1938.

1663

or sell said warrants; to provide for selling certain of said warrants to the State Highway Board; to provide for placing the proceeds arising from the sale of all said warrants in the treasury; to provide for the expenditure of said proceeds; and for other purposes" approved August 28, 1931 and embodied in the printed Georgia Laws of 1931, pages 261 to 264, inclusive be and the same is hereby amended by striking from said bill in its entirety, Section 4, Section 5, and Section 6 and by substituting in lieu thereof the following sections bearing the same numbers as the stricken sections, to-wit:
Sec. 4. Be it further enacted by the authority aforesaid that the Governor is hereby authorized, empowered and directed to immediately assign and set apart the rental arising from the existing lease of the Western and Atlantic Railroad for a period of three years, beginning January 1, 1941 to be used exclusively for support of the courts and construction, improvement and maintenance of highways.
Sec. 5. Be it further enacted by the authority aforesaid, that the Governor is hereby authorized, empowered and directed to take and receive said warrants from the State Highway Board of Georgia and the State Highway Board of Georgia is hereby directed to deliver said warrants to the Governor if same are now in possession of the State Highway Board of Georgia and the Governor is directed to discount said warrants at the best price obtainable the discount not to exceed 2Y2%. If said warrants have been discounted by the said State Highway Board of Georgia at the time of the approval of this Act, then the State Highway Board of Georgia is directed to place in the State Treasury the total proceeds arising from the sale of said warrants in the amount of $1,620,000.00 plus any accrued interest or profits that may have attached to said funds, less the discount. The Governor is hereby directed to draw his warrants on the State Treasury to be countersigned by the Comptroller-General for the sum total herein named and the said funds shall be immediately distributed to the officers in charge of the fiscal affairs of the various counties of Georgia, proportionately according to the County unit system.
Sec. 2. All laws and parts of laws in conflict herewith are hereby repealed.

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Mr. Marshall of Macon moved the previous question, the call was sustained, and the main question ordered.
The following amendment to House Bill No. 540 was read and adopted:
Mr. Hogg of Marion moves to amend House Bill No. 540 by adding a new paragraph to be appropriately numbered and to read as follows:
"Provided that the provisions of what is commonly known as the "Stabilization Bill" shall not apply to the proceeds derived under the provisions of this bill nor shall said stabilization bill operate so as to take any funds derived under the provisions of this Act for the general fund."
An amendment offered by Mr. Chappell of Sumter to House Bill No. 540 was read and lost.
An amendment offered by Mr. Jones of Bartow to House Bill No. 540 was read and lost.
The following amendment to House Bill No. 540 was read and adopted:
Messrs. Gross of Stephens and Houston of Worth move to amend House Bill No. 540 by striking Section 3 in its entirety and substituting in lieu thereof the following:
Section 3. The Governor is hereby authorized, empowered and directed to place in the State Treasury as a special allocated fund the entire proceeds arising from the sale of said warrant or warrants described in Section 2 hereof and to be used as follows:
One million five hundred thousand dollars divided among the several counties of the state according to the loss sustained by each county from homestead and personal property exemptions. The remainder to be divided equally among the following eleemosynary institutions of the state:
(1) Tubercular Sanatorium at Alto; (2) Insane Asylum at Milledgeville; (3) Georgia School for the Deaf at Cave Springs; and to amend the caption accordingly.
The substitute offered by Messrs. Ennis and Moore of Baldwin

THURSDAY, FEBRUARY 10, 1938.

1665

and Parker of Colquitt to House Bill No. 540 was taken up for consideration.

The following amendments to the substitute offered by Messrs. Ennis and Moore of Baldwin and Parker of Colquitt were read and adopted:
Messrs. Clary of Columbia, Allison of Gwinnett, and Daves of Doolv move to amend Ennis substitute to House Bill No. 540, by adding a new section thereto, to be appropriately numbered, as follows:

Be it further provided that the ten per cent (10%) authorized in the Stabilization Act, shall not, in any manner, apply to the funds arising from this Act, it being the purpose that all of the funds provided herein shall be wholly used for the purposes herein set out in the proportion provided.

Messrs. Fowler of Treutlen and Ennis of Baldwin move to

amend Ennis substitute to House Bill No. 540 by striking the

words and figures in Section 2 that read as follows "Four and

forty-one hundredths (4.41%) per cent" and inserts and adds in

lieu thereof the following words and figures "three and one-half

per cent (3Y2%)."



Messrs. Hodges of Liberty and Harrell of Brooks move to amend Ennis substitute by striking all of Section 3 thereof relating to the disposition of the proceeds of the sale of the rentals and substituting in lieu thereof the following section, to-wit:

Section 3. The Governor is authorized, empowered and directed to place in the State Treasury as a special allocated and appropriated fund the entire proceeds arising from the sale of said rentals described in Section 2 hereof and to disburse said funds as follows:
(1) Y2 of said funds is hereby appropriated to and shall be
expended for the construction of buildings and necessary repairs of existing buildings and in the purchase of equipment for the eleemosynary institutions of the State where needed.

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(2) Y2 of said funds are hereby appropriated to the several
counties of this State for the purpose of maintaining and supporting the courts in said counties. Said distribution shall be upon the basis of the ratio that the tax loss in revenue of each county shall bear to the tax loss as a result of the Homestead and Personalty exemption now of force and effect in this State. Said funds shall be distributed on or before January 1, 1939 and annually thereafter.
An amendment offered by Mr. Hodges of Liberty to the substitute offered by Messrs. Ennis and Baldwin and Parker of Colquitt to House Bill No. 540 was ruled out of order.

An amendment offered by Mr. Parker of Colquitt to the substitute offered by Messrs. Ennis and Baldwin and Parker of Colquitt to House Bill No. 540 was ruled out of order.

An amendment offered by Mr. Parker of Colquitt to the substitute offered by Messrs. Ennis and Baldwin and Parker of Colquitt to House Bill No. 540 was ruled out of order.

An amendment offered by Mr. Carmichael of Cobb to the substitute offered by Messrs. Ennis and Baldwin and Parker of Colquitt to House Bill No. 540 was ruled out of order.

An amendment offered by Mr. Hand of Mitchell to the substitute offered by Messrs. Ennis and Baldwin and Parker of Colquitt to House Bill No. 540 was read and lost.

An amendment offered by Mr. Chappell of Sumter to the substitute offered by Messrs. Ennis and Baldwin and Parker of Colquitt to House Bill No. 540 was read and lost.

An amendment offered by Mr. Lewis of Burke to the substitute offered by Messrs. Ennis and Baldwin and Parker of Colquitt to House Bill No. 540 was read and lost.

The substitute offered by Messrs. Carmichael of Cobb, Grayson of Chatham, and Jones of Bartow was taken up for consideration.

An amendment offered by Mr. Chappell of Sumter to the sub-

THURSDAY, FEBRUARY 10, 1938.

1667

stitute offered by Messrs. Carmichael of Cobb, Grayson of Chatham, and Jones of Bartow was read and lost.
The following amendment to the substitute offered by Messrs. Carmichael of Cobb, Grayson of Chatham, and Jones of Bartow was read and adopted:
Mr. Hogg of Marion moves to amend the Grayson and Carmichael substitute for House Bill No. 540 by adding a new paragraph to be appropriately numbered and to read as follows:
"Provided that the provisions of what is commonly known as the 'Stabilization Bill,' shall not apply to the proceeds derived under the provisions of this btll nor shall said stabilization bill operate so as to take any funds derived under the provisions of thJs Act for the general fund."
The substitute offered by Messrs. Carmichael of Cobb, Grayson of Chatham and Jones of Bartow to House Bill No. 540 was lost.
Mr. Candler of DeKalb moved that the House reconsider its action in adopting the amendment offered by Messrs. Hodges of Liberty and Harrell of Brooks to the substitute offered by Messrs. Ennis and Moore of Baldwin and Parker of Colquitt to House Bill No. 540, and the motion prevailed.
The amendment by Messrs. Hodges of Liberty and Harrell of Brooks to the substitute offered by Messrs. Ennis and Moore of Baldwin and Parker of Colquitt to House Bill No. 540 was again read.
An amendment offered by Mr. Gross of Stephens was ruled out of order.
An amendment offered by Mr. Gary of Quitman to the substitute offered by Messrs. Ennis and Moore of Baldwin and Parker of Colquitt was ruled out of order.
An amendment offered by Mr. Pilcher of Warren to the substitute offered by Messrs. Ennis and Moore of Baldwin and Parker of Colquitt to House Bill No. 540 was ruled out of order.
An amendment offered by Mr. Bradley of Tattnall to the sub-

1668

JouRNAL oF THE HousE,

stitute offered by Messrs. Ennis and Moore of Baldwin and Parker of Colquitt to House Bill No. 540 was ruled out of order.
Mr. Candler of DeKalb moved that the House recess for ten minutes and that a committee of three members be appointed by the Speaker to perfect the amendments to the substitute offered by Messrs. Ennis and Moore of Baldwin and Parker of Colquitt to House Bill No. 540, and the motion prevailed.
The Speaker appointed as a committee, the following members of the House, to-wit:
Messrs. Ennis of Baldwin,
Candler of DeKalb, and
Bennett of Ware.
Mr. Rees of Webster was invited by the committee to assist in perfecting the amendments to the substitute.
The Speaker called the House to order.
Mr. Turner of DeKalb arose to a question of personal privilege and addressed the House.
An amendment offered by Mr. Hollis of Morgan to the substitute offered by Messrs. Ennis and Moore of Baldwin and Parker of Colquitt to House Bill No. 540 was rul.ed out of order.
An amendment offered by Mr. Drake of Seminole to the substitute offered bv Messrs. Ennis and Moore of Baldwin and Parker of Colquitt to House Bill No. 540 was ruled out of order.
The following subcommittee amendment to the substitute offered by Messrs. Ennis and Moore of Baldwin and Parker of Colquitt to House Bill No. 540 was read and adopted:
The subcommittee moves to amend the Ennis-Parker substitute to House Bill No. 540 as follows:
That Section 3 of the Ennis-Parker substitute be .stricken in its entirety and the following inserted in lieu thereof:
Section 3. The Governor is hereby authorized, empowered and directed to place in the State Treasury as a special appro-

THURSDAY, FEBRUARY 10, 1938.

1669

priation and allocated fund the entire proceeds arising from the sale of said warrant or warrants described in Section 2 hereof, and said funds so arising are hereby appropriated as follows:
Fifty per cent (50%) of said funds are hereby appropriated to the State Welfare Department to be used in the construction and repairing of buildings and equipments necessary and needed at and by the various eleemosynary institutions of this State, and fifty per cent is hereby appropriated to the several counties of the State of Georgia to be distributed to said counties on the following basis:

Said fund is hereby appropriated to each of the several counties, each county of the State of Georgia to receive one hundred and fifty-ninth (159th) part of the entire fund. All funds herein provided for and so distributed shall be applied toward or used entirely for the payment of the expenses of the operation of the courts or for the construction and maintenance of the public roads and bridges or for educational purposes.
An amendment offered bv the subcommittee to the substitute offered by Messrs. Ennis ~nd Moore of Baldwin and Parker of Colquitt to House Bill No. 540 was ruled out of order.
The substitute offered by Messrs. Ennis and Moore of Baldwin and Parker of Colquitt to House Bill No. 540 was adopted, as amended.
The report of the committee, which was favorable to the passage of the bill, was agreed to, by substitute, as amended.

On 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.:

Adams Allison Almand Ansley Bargeron Barlow Barnard Batchelor Bennett

Blease Booth Bradley Brewton Brooks of Jackson Brown of Greene Chappell Clark Clary

Claxton Cochran Cogdell Coleman Corbett Coxon Croker Culpepper of Mitchell Dampier

1670

joURNAL OF THE HousE,

Daves Deal Dean Douglass Drake Dugas
Dunn Durden Edwards Ennis Erwin Etheridge Ferguson Field Fitts Fowler Gammage
Gary
Goff Gross Grubbs Hampton Harden Harrell of Brooks Harris Harrison Harvey Hastings Hendrix Herndon Hodges Hogg Hollis Holt

Jackson Johnson .lones of Dodge Jones of Elbert Jones of Jenkins Kendrick Key
Kirbo Lanier Leonard Lewallen Mankin
Manry
Martin Mavity
McCracken McCravey McGehee McGraw Milam Moore of Baldwin Moore of Lumpkin Moore of Taliaferro Musgrove NewbY Newton Oden Parker Patten Perry
Peters Pilcher Pirkle Pound

Preston of Bulloch Preston of Walton Rawlins Rees Reid of Carroll Reid of Wilcox Rowland Sabados Salter Sanders Sapp Saunders Scruggs Simmons Smith of Henr;v Spence Striplin Swindle Tate Todd Thomas Turner VickeiY Wall Walton Warnell Warnock Welsch Whipple Whitaker Williams of Bacon Williams of Jones Wilson Yeomans

Those voting in the negative were Messrs.:

Barrett Brooks of Oglethorpe Candler Carmichael of Cobb Clements Cohen Culpepper of Fa;vette Davis DeFoor Dollar Drinkard

Dukes Elliott Evans Grayson Groover GUYton Hamby
Hand Hayes Herrin Home

Houze Jones of Bartow Jones of BrantleJ' Tanh am
Lewis Marshall McNall Moore of Haralson Morgan Morris Mundy

THURSDAY, FEBRUARY 10, 1938.

1671

Palmour Ph1llips
Ragan
Rountree Sams

Sartain Smith of Dodge Tapp
Taunton Trapnell

Trippe Ware Weaver Whaley Zellner

Those not voting were Messrs.:

Beck Bond Bridges Brown of Peach Campbell Carmichael of Randolph Daughtry Elllngton
Flanders Freeman

Gavin Harrell of Irwin Hart mll of Clarke
mn of Screven
Houston Joel Keel Larsen

Middleton Miller Moss Peebles Smith of :Muscogee Sutton Wages Watkins Mr. Speaker

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 129, the nays 48.

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

Mr. Moore of Baldwin moved that the bill be immediately transmitted to the Senate, and the motion prevailed.

The following resolutions of the House were read and adopted:

By Mr. Zellner of Monroe-

House Resolution No. 180. A resolution of praise and commendation for and to the Atlanta Constitution, sponsor of a movement denominated as "Plant-to-Prosper" campaign, and for other purposes.

By Messrs. Sabados and Durden of Dougherty-

House Resolution No. 181. A resolution registering deep appreciation to Rev. Joseph M. Branch for his glorious prayers and scripture readings, and for other purposes.

By Mr. Marshall of Macon-

House Resolution No. 182. A resolution expressing smcere

1672

JouRNAL oF THE Hous,

appreciatiOn to the theatres of Atlanta for their kindness and gracious hospitality, and for other purposes.
By Messrs. Parker of Colquitt and Ferguson of Sumter-
House Resolution No. 183. A resolution expressing appreciation to the Macon Telegraph for the newspapers each morning, and for other purposes.
Mr. Parker of Colquitt moved that the House do now recess for one hour, and the motion prevailed.
2:20 o'clock P. M.
The Speaker called the House to order.
Under the order of business established by the Committee on Rules, the following bill of the House was taken up for consideration and read the third time:
By Mr. Oden of Pierce-
House Bill No. 558. A bill to be entitled an Act to provide that official bond premiums of tax collectors and tax receivers in counties of a certain population be paid out of county funds by the proper county fiscal authorities, 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, the nays 0.
The bill having received the requisite constitutional majority was passed.
The following bills of the House were taken up for the purpose of considering the Senate amendments thereto:
By Messrs. Grubbs of Crisp, Cochran of Thomas, Houston of Worth, and others-
House Bill No. 260. A bill to be entitled an Act to appropriate to the Executive Department a sum of money to be used in the prevention, control and eradication of dangerous insects and plant diseases, and for other purposes.

THURSDAY, FEBRUARY 10, 1938.

1673

The following Senate amendment to House Bill No. 260 was read:
By the Senate-
Senators Whitehead of the 30th District and Moye of the 11th District move to amend House Bill No. 260 by striking the words $50,000.00 wherever the same appears in said bill, and inserting in lieu thereof the words $25,000.00 Twenty-five thousand dollars.
And to amend the caption accordingly.
By unanimous consent, the Senate amendment to House Bill No. 260 was disagreed to.
By Mr. Parker of Colquitt-
House Bill No. 204. A bill to be entitled an Act to be known as the Uniform Warehouse Receipts Law, and for other purposes.
The following amendments to House Bill No. 204 were read:
By the Senate-
The Senate moves to amend House Bill No. 204 as follows: By striking all of Section 2 and substituting in lieu a new Section to read as follows:
"Section 2. No warehouseman operating a public warehouse under the provisions of this Act shall be required to insure against loss by fire or the acts of providence any of the commodities herein described, when stored in such public warehouse, unless the same be marked insured or it is otherwise indicated the same is insured."
The Senate moves to amend Section 4, House Bill No. 204, sub-
section J. That part of line 24 after the word" goods" and all of balance of subsection J, by striking and adding in lieu thereof the
words-Provided said goods are insured by said warehouseman and the receipt is marked insured.
By unanimous consent, the Senate amendments to House Bill No. 204 were disagreed to.

1674

JouRNAL OF THE HousE,

By Mr. Jones of Brantley-
Hause Bill No. 495. A bill to be entitled an Act to amend an Act abolishing the offices of Tax Receiver and Tax Collector of Brantley County, and for other purposes.
The following Senate amendment to House Bill No. 495 was read:
By the Senate-
The Senate moves to amend House Bill No. 495, Section 1 by eliminating the period at the close of Section 1, and substituting a comma therefor, and adding the following:
"Provided, however, that the provisions of this Act shall not apply to taxes due prior to January 1, 1938."
On the question of agreeing to the Senate amendment to House Bill No. 495, the ayes were 104, the nays 0.
The Senate amendment was agreed to.
The following bill of the House was taken up for the purpose of considering the Senate substitute thereto:
By Messrs. Harris and Milam of Spalding-
House Bill No. 208. A bill to be entitled an Act to amend an Act granting a charter for the City of Griffin, so as to authorize the city to furnish pensions to the police and fire departments of said city, and for other purposes.
The following Senate substitute to House Bill No. 208 was read:
Committee Substitute to House Bill No. 208.
An Act to amend "An Act to revise and consolidate the several Acts of the General Assembly of Georgia granting and amending the charter of the City of Griffin in Spalding County, Georgia; to amend the charter of said City, to declare the rights and powers of said municipality and for other purposes," approved July 21, 1921, and Acts amendatory thereof, by amending the charter of the City of Griffin so as to authorize the Board of Commissioners of the City of Griffin to provide for a

THURSDAY, FEBRUARY 10, 1938.

1675

pension or retirement fund for its employees, granting the Board of Commissioners of the City of Griffin power and authority to formulate rules and regulations for administering such pension or retirement fund as may be created; so as to authorize the Board of Education of the City of Griffin to provide for a pension or retirement fund for its employees and granting said Board of Education such authority and power as may be necessary to formulate rules and regulations for administering such pension or retirement fund as said Board of Education may establish.
Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, as follows:
Section 1. The Board of Commissioners of the City of Griffin are authorized to provide a pension or retirement fund for their respective employees who are in active service at the time of the passage of this Act and whose names are now on the pay rolls of the City of Griffin, and future employees of the City of Griffin.
Sec. 2. The Board of Commissioners of the City of Griffin shall have full power to provide by ordinance all rules and regulations governing the creation and administration of the pension or retirement fund herein provided for, subject only to such limitations on such power as are provided for in this Act.
Sec. 3. The Board of Commissioners of the City of Griffin are authorized to provide that only an employee who has rendered thirty (30) years of continuous and active service to the City of Griffin shall be entitled to the benefits provided for in this Act, and then only in the event such employee has become disabled by old age, sickness, or otherwise, to render efficient service, and such employee shall not be granted an amount in excess of Forty ($40.00) Dollars per month for such time as his disability may exist.
Sec. 4. The Board of Commissioners of the City of Griffin shall have power and authority to create and build a retirement or pension fund only upon a plan providing for an equal contribution to be made by the City of Griffin and employees of the City of Griffin, which amount shall in no event exceed two per cent. (2%) of the salary or wage of any employee.

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JouRNAL oF 'rHE l-Ious,

The funds contributed by the City of Griffin shall be from other sources than ad valorem tax.
The Board of Commissioners of the City of Griffin shall have complete power and authority to administer any pension or retirement fund which may be created under the provisions of this Act; provided however, the Board of Commissioners of the City of Griffin may create a special agency for this purpose in its discretion.
Sec. 5. The Board of Commissioners of the City of Griffin shall have complete power and authority to administer and invest the funds raised for purposes of this Act, but shall keep all such funds in an account separate and distinct from all other City funds, and such funds shall be used in no way other than for the purpose of carrying out the terms of this Act.
Sec. 6. The Board of Commissioners of the City of Griffin may provide that this Act shall be mandatory or voluntary on the part of its employees; and may further provide that any member who voluntarily retires from service before becoming eligible for pension or for the benefits provided under this Act, shall be entitled to a refund of fifty per cent. (50%) of the actual amount of money he has contributed to the pension or retirement fund.
Sec. 7. The Board of Education of the City of Griffin is authorized to provide a pension or retirement fund for its respective employees who are in active service at the time of the passage of this Act, and whose names are now on the pay rolls of the Board of Education of the City of Griffin and future employees of the Board of Education of the City of Griffin.
Sec. 8. The Board of Education of the City of Griffin shall have full power and authority to provide rules and regulations governing the creation and administration of the pension or retirement fund herein provided for, subject only to such limitations on such power as are provided for in this Act.
Sec. 9. The Board of Education of the City of Griffin is authorized to provide that only an employee who has rendered thirty (30) years of continuous and active service to the Board of Education of the City of Griffin shall be entitled to the benefits provided for in this Act, and then only in the event such employee

THURSDAY, FEBRUARY 10, 1938.

1677

has become disabled by old age, sickness, or otherwise, to render efficient service, and such employee shall not be granted an amount in excess of Forty ($40.00) Dollars per month for such time as his disability may exist.
Sec. 10. The Board of Education of the City of Griffin shall have power and authority to create and build a retirement or pension fund by an equal contribution to be made by the Board of Education and employees of the Board of Education of the City of Griffin, which amount shall in no event exceed two per cent. (2%) of the salary or wage of said employee, and the Board of Education shall be authorized to contribute its share to this fund from any moneys coming to it for educational purposes.
The Board of Education of the City of Griffin shall have complete power and authority to administer any pension or retirement fund which may be created under the provisions of this Act; provided however, the Board of Education may create a special agency for this purpose in its discretion.
Sec. 11. The Board of Education of the City of Griffin shall have complete power and authority to administer and invest the funds raised for purposes of this Act, but shall keep all such funds in an account separate and distinct from all other funds of the Board of Education of the City of Griffin, and such funds shall be used in no way other than for the purpose of carrying out the terms of this Act.
Sec. 12. The Board of Education of the City of Griffin may provide that this Act shall be mandatory or voluntary on the part of its employees; and may further provide that any member who voluntarily retires from service before becoming eligible for pension or for the benefits provided under this Act, shall be entitled to a refund of fifty per cent. (50%) of the actual amount of money he has contributed to the pension or retirement fund.
Sec. 13. All laws and parts of laws in conflict with this law are hereby repealed.
On the question of agreeing to the Senate substitute to House Bill No. 208, the ayes were 105, the nays 0.
The Senate substitute was agreed to.

1678

JouRNAL OF THE HousE,

The following bill of the House was taken up for the purpose of considering the Senate amendment thereto:

By Messrs. Joel of Clarke, Reid and Beck of Carroll, Newby of Twiggs, Striplin of Heard, Rowland of Johnson, and Hampton of Fannin-
House Bill No. 170. A bill to be entitled an Act to amend Part IV, relating to fertilizers and fertilizer materials, of Title 5 of the Georgia Code of 1933, and for other purposes.
The following Senate amendment to House Bill No. 170 was read:

By the Senate-
The Senate moves to amend House Bill No. 170 by striking from line 42 of Section 3 the word "ten" and by substituting therefor the word "twelve"; and by striking from line 52 of Section 3 the word "thirteen" and by substituting therefor the word "fourteen."
On the question of agreeing to the Senate amendment to House Bill No. 170, the ayes were 110, the nays 0.
The Senate amendment was agreed to.

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

Mr. Speaker:
The Senate ms1sts upon its positiOn on the Senate amendments to the following bill of the House, to-wit:

By Messrs. Cochran of Thomas, Houston and Perry of Worth, and others-
House Bill No. 260. A bill to appropriate the sum of $50,000 to be used in the prevention and control of plant disease and dangerous insects, and for other purposes.

The President has appointed as a Committee of Conference on

THURSDAY, FEBRUARY 10, 1938.

1679

the part of the Senate to confer with a like committee from the House the following members of the Senate, to-wit:
Senators Johnson of the 42nd District,
Chason of the 8th District, and
Millican of the 52nd District.
The following bill of the House was taken up for the purpose of considering the Senate amendments thereto:
By Messrs. Leonard, Smith, and Elliott of Muscogee-
House Bill No. 126. A bill to be entitled an Act to provide for reciprocal agreements with other States as to privileges of operating motor vehicles over the highways of this State, and for other purposes.
Mr. McNall of Chatham moved that the House agree to the Senate amendments to House Bill No. 126.
Mr. Leonard of Muscogee moved that the House disagree to the Senate amendments to House Bill No. 126.
Mr. Simmons of Decatur moved that further consideration of the Senate amendments to House Bill No. 126 be postponed until tomorrow, immediately after the expiration of the period of unanimous consents, and the motion prevailed.
Under the order of business established by the Committee on Rules, the following bills and resolutions of the House were taken up for consideration and read the third time:
By Mr. Williams of Jones-
House Bill No. 547. A bill to be entitled an Act to amend the Highway Mileage Act by adding a certain road to the State Aid System of Roads, 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, the nays 1.
Thelbill having received the requisite constitutional majority was passed.

1680

JouRNAL oF THE HousE,

By Mr. Warnock of Montgomery-
House Bill No. 550. A bill to be entitled an Act to amend the Highway Mileage Act by adding a certain road to the State Aid System of Roads, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Chappell of Sumter-
House Resolution No. 165-544a. A resolution naming and designating a certain bridge now being constructed on the Crisp Military Highway, as the General Howell Cobb and Captain John Addison Memorial Bridge, and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 112, the nays 0.
The resolution having received the requisite constitutional majority was adopted.
By Mr. Whitaker of Clayton-
House Bill No. 555. A bill to be entitled an Act to amend the Highway Mileage Act by adding a certain road to the State Aid System of Roads, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Sanders and Hart of CowetaHouse Resolution No. 146-517a. A resolution to relieve the
administrator or executor of the estate of T. G. Farmer, Jr., and of the estate ofT. G. Farmer, Sr., and H. C. Arnall, Jr., from the

THURSDAY, FEBRUARY 10, 1938.

1681

payment of any and all interest due the estate of George Lee from January 1, 1926, and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 107, the nays 0.
The resolution having received the requisite constitutional majority was adopted.
By Messrs. Dampier and Larsen of Laurens-
House Resolution No. 50-244a. A resolution to provide Georgia law reports for the Court of Ordinary of Laurens County, and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 104, the nays 0.
The resolution having received the requisite constitutional majority was adopted.
By Messrs. Daves of Dooly and Horne of Bibb-
House Resolution No. 175-559a. A resolution requesting the National Congress to enact into law provisions to aid and assist the American farmers, and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 86, the nays 20.
The resolution was adopted.
By Mr. Kendrick of FultonHouse Bill No. 556. A bill to be entitled an Act to provide for
an appropriation from the State Treasury for the purpose of purcliasing materials to repair the State Capitol Building, and for other purposes.
The House was resolved into the Committee of the Whole House to consider House Bill No. 556, and the Speaker designated Mr. HarreJl of Brooks as the Chairman thereof.

1682

JouRNAL oF THE HousE,

The Committee of the Whole House arose and through its Chairman reported the bill back to the House with the recommendation that the same do pass, as amended.

The following committee amendment to House Bill No. 556 was read and adopted:

The Committee of the Whole House moves to amend House Bill No. 556 as follows:

By inserting in the caption directly after the word "materials" the following "and/or purchase or rental of equipment" and by inserting in Section 1 of said bill directly after the phrase "purchase of materials" the following "and/or purchase or rental of equipment."

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.:

Adams

Dugas

Allison

Durden

Ansley

Edwards

Barlow

Elliott

Barnard

Etheridge

Batchelor

Ferguson

Beck

Fitts

Bennett

Fowler

Bradley

Gammage

Bridges

Gary

Brooks of Oglethorpe Goff

Brown of Greene

Grayson

Candler

Gross

Carmichael of Cobb

Groover

Carmichael of Randolph Grubbs

Chappell

Hampton

Clark

Hand

Cochran

Harrell of Brooks

Oorbett

Harrell of Irwin

Croker

Harrison

Dampier

Harvey

Daves

Hastings

Deal

Hayes

Hendrix Herndon Hollis Home Houston Houze Jackson Johnson Jones of Bartow Jones of Dodge Jones of Elbert Jones of Jenkins Kendrick Key
Kirbo Lanham Lanier Leonard Lewallen Lewis Mankin
Manry
Marshall

THURSDAY, FEBRUARY 10, 1938.

1683

McOracken
McCra~
McGehee McGraw McNall M111er Moore of Baldwin Morgan Morris Mundy Musgrove NewbY Newton Oden Palmour Parker Patten perry
Ph1111ps

Pilcher Pirkle Preston of Bulloch Preston of Walton Rawlins Reid of Carroll Rountree Sams Sanders Sapp
Sartain Simmons Smith of Dodge Smith of Muscogee Striplin Sutton Swindle Tapp
Tate

Todd Thomas Trapnell Trippe Vickery Wall Ware Warnock Watkins Weaver Welsch Whaley Whipple Whitaker
W1111ams of :rones
Wilson Yeomans Zellner

Those voting in the negative were Messrs.:

Blease Bond Clary Culpepper of Fayette Drinkard Dunn Erwin Evans

GuYton Harden Harris Herrin :roel :rones of Brantley Peters Pound

Ragan Rowland Sabados Scruggs Smith of Henry Taunton W1111ams of Bacon

Those not voting were Messrs.:

Almand Bargeron Barrett Booth Brewton
Brooks of :rackson
Brown o.r Peach Campbell Olaxton Olements Cogdell Cohen Coleman Coxon Culpepper of Mitchell Daughtry

DaVis Dean DeFoor Dollar Douglass Drake Dukes Ellington Ennis Field Flanders Freeman GaVin Hamby
Hart Hill of Clarke

Hill of Screven Hodges Hogg Holt Keel Larsen Martin MaVity Middleton Milam Moore of Haralson Moore of Lumpkin Moore of Taliaferro Moss Peebles Rees

1684

JouRNAL oF THE HousE,

Reid of Wilcox Salter Saunders

Spence Turner Wages

Walton Warnell Mr. Speaker

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

On the passage of the bill, as amended, the ayes were 125, the nays 23.

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

The following bill of the House was taken up for the purpose of appointing a Committee of Conference thereon:

By Messrs. Grubbs of Crisp, Cochran of Thomas, Houston of Worth, and others-

House Bill No. 260. A bill to be entitled an Act to appropriate to the Executive Department a sum of money to be used in the prevention, control and eradication of dangerous insects and plant diseases, and for other purposes.

The Speaker appointed as a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate, the following members of the House, to-wit:

Messrs. Cochran of Thomas,

Durden of Dougherty, and Houston of Worth.

Under the order of business established by the Committee on Rules, the following bill of the House was taken up for consideration and read the third time:

By Messrs. Bennett of Ware and Key of Jasper-

House Bill No. 423. A bill to be entitled an Act to amend the General Appropriations Act ending June 30, 1939; to provide for an appropriation to the State Prison and Parole Commission and State Board of Penal Administration; and for other purposes.
The House was resolved into the Committee of the Whole House, for the purpose of considering House Bill No. 423, and the

THURSDAY, FEBRUARY 10, 1938.

1685

Speaker designated Mr. Marshall of Macon as the Chairman thereof.
The Committee of the Whole House arose and through its Chairman reported the bill back to the House with the recommendation that the same do pass, by substitute.
The following committee substitute to House Bill No. 423 was read and adopted:
By Messrs. Key of Jasper and Bennett of Ware-
A BILL
To be entitled an Act to amend an Act of 1937 approved March 30, 1937 entitled General Appropriations-Two Years Ending June 30th, 1939 so as to provide appropriations for the operations of the State Board of Penal Administration and State Prison and Parole Commission in lieu of the appropriations made for the operations of the State Prison Commission and Farms and for other purposes.
Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same that the Act of 1937 approved March 30, 1937 entitled General AppropriationsTwo Years Ending June 30th, 1939-Section 21 be and the same is hereby amended by striking this Section in its entirety, provided the funds already drawn from State Treasury are charged to the items provided herein, and substituting in lieu thereof as the appropriation for the purposes named for each of the two years ending June 30, 1939, the following:
Sec. 21. PRISON AND PAROLE COMMISSION
(a) For the operating cost of the Commission .. $100,000.00
Provided that any payments made from the State Treasury since July 1, 1937 on the appropriation which is hereby abolished which provided for the operations of the former Prison Commission Office shall be charged against this appropriation.
Provided, further, that any approved obligations which were created by Prison

1686

JouRNAL oF THE HousE,

Commission for the purposes provided by this section shall be liquidated from funds received from the appropriation provided in this Section.

Sec. 21-A. BOARD OF PENAL ADMINISTRATION
(a) For the operating cost of Board, State Prisons and Farms...................... $267,000.00
Provided that from the above amount appropriated there shall be paid the amounts necessary for amortization of the purchase contract of the Tattnall Prison.
Provided, further, that any payments made from the State Treasury since July 1, 1937 to date on the appropriations which are hereby abolished which provided for the operations, purchase of equipment, buildings and lands for the Prisons and Farms shall be charged against this appropriation.
Provided, further, that any approved obligations which were created by Prison Commission for the purposes provided by this Section shall be liquidated from funds received from the appropriation provided in this Section.
(b) For the operating cost of State Prisons and Farms in addition to Item (a) ........ . Allocation fixed by law
Sec. 2. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed.
The report of the committee, which was favorable to the passage of the bill, by substitute, was agreed to.
On the passage of the bill, by substitute, the roll call was ordered and the vote was as follows:

THURSDAY, FEBRUARY 10, 1938.

1687

Those voting in the affirmative were Messrs.:

Adams

Hand

Allison

Harden

Almand

Harrell of Brooks

AnsleY

Harrell of Irwin

Barlow

Harris

Barnard

Harrison

Barrett

Harvey

Batchelor

Hayes

Bennett

Hemdon

Blease

Herrin

Bond

Hollis

Bradley

Home

Bridges

Houston

Brooks of Oglethorpe Houze

Brown of Greene

Jackson

Campbell

Jones of Brantley

Carmichael of Randolph Jones of Dodge

Chappell

Jones of Elbert

Clary

Jones of Jenkins

Cohen

Kendrick

Coleman

Key

Croker

Kirbo

Culpepper of Fayette Lanham

Dampier

Lanier

Daves

Leonard

Davis

Lewallen

Deal

Mankin

Drinkard

Manry

Dukes

Marshall

Durden

McCracken

Edwards

McCravey

Ennis

McGehee

Etheridge

McGraw

Evans

McNall

Ferguson

Milam

Field

Miller

Fitts

Moore of Baldwin

Fowler

Moore of Haralson

Gammage

Moore of Taliaferro

Goff

Morgan

Grayson

Morris

Gross

Mundy

Groover

Musgrove

Grubbs

Newb;v

GuYton

Newton

Hampton

Oden Palmour Parker Patten Perry
Peters Phillips Pilcher Pound Preston of Bulloch Preston of Walton
Ragan
Rawlins Rees Reid of Wilcox Rountree Rowland Sabados Sanders Sapp
Sartain Scruggs Smith of Henry Smith of Muscogee Sutton Swindle Tapp
Tate Thomas Trapnell Trippe Vickery Walton Ware Watkins Weaver Welsch Whaley Whipple Whitaker Williams of Bacon Williams of Jones Wilson Yeomans Zellner

1688

JouRNAL oF THE HousE,

Those not voting were Messrs.:

Bargeron Beck Booth Brewton Brooks of Jackson Brown of Peach Candler Carmichael of Cobb Clark Claxton Clements Cochran Cogdell Corbett Coxon Culpepper of Mitchell Daughtry
Dean DeFoor Dollar Douglass Drake Dugas

Dunn Ellington Elliott Erwin Flanders Freeman Gary
Gavin Hamby Hart Hastings Hendrix Hill of Clarke Hill of Screven Hodges Hogg Holt Joel .Johnson Jones of Bartow Keel Larsen Lewis

Martin Mavity Middleton Moore of Lumpkin Moss Peebles Pirkle Reid of Carroll Salter Sams Saunders Simmons Smith of Dodge Spence Striplin Taunton Todd Turner Wall Wages Warnell Warnock Mr. Speaker

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

On the passage of the bill, by substitute, the ayes were 136, the nays 0.

The bill having received the requisite constitutional majority was passed, by substitute.

Under the order of business established bv the Committee on Rules, the following bill of the House was. again taken up for consideration:

By Messrs. Grubbs of Crisp, Brewton of Evans, Dunn of Pike, and others-

House Bill No. 188. A bill to be entitled an Act to amend an Act to legalize the making of light domestic wines, and for other purposes.

The following substitute to House Bill No. 188 was read:

THURSDAY, FEBRUARY 10, 1938.

1689

By Messrs. Lanham of Floyd and Grubbs of Crisp-
A BILL
To be entitled an Act to amend an Act entitled, "'An Act to promote temperance and prosperity for Georgia people; to foster and encourage the growing of grapes, fruits and berries on Georgia farms; to legalize the making of light domestic wines; to exempt from all taxes wines made from crops of grapes, fruits and berries whether wild or cultivated by producers in Georgia of such crops and to provide for the holding of an election to ratify or reject this Act; and for other purposes;' approved March 23, 1935, and contained on pages 492 to 494 of the Acts of the General Assembly of 1935, by striking certain words and sections from said Act; by legalizing the making and manufacturing and selling of domestic and foreign wines; by defining domestic and foreign wines; by providing for licensing of retail and wholesale dealers and wineries; by providing for a license tax on all dealers, manufacturers and wineries, and a tax on all wines manufactured or sold; by providing for the confiscation and destruction of wines manufactured, possessed or sold contrary to the provisions of this Act; by prohibiting the sale of wine on the Sabbath day, and to provide a penalty for the violation of this provision; by allocating the revenue derived under this Act; by providing for rules and regulations for the enforcement of this Act; by providing a separability clause, and for the repeal of all laws in conflict with this Act; and for other purposes"; approved March 30, 1937, and contained on pages 851 to 861 of the Acts of the General Assembly of 1937, by striking certain words and sections from said Act, by striking Section 3 of said Act in its entirety and substituting in lieu thereof a new Section to be numbered Section 3, and by amending Paragraph (b) of Section 4 by striking said Paragraph (b) of Section 4 in its entirety and substituting a new Paragraph (b) to Section 4; and for other purposes.
Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same:
Section 1. That Section 3 of the Act of the General Assembly of Georgia approved March 30, 1937, as set out in the caption of this Act, be and the same is hereby stricken in its entirety and a

1690

JouRNAL OF THE HousE,

new Section to be numbered 3 is substituted in lieu thereof, as follows:
That from and after the passage of this Act, the following taxes shall be levied and collected on all wines manufactured, sold, possessed, or offered for sale within the State of Georgia:
(a) On domestic wines having an alcoholic strength of not more than 14% alcohol by volume-5 per gallon. On domestic wines of between 14% and 21% alcoholic strength by volume30 per gallon. Domestic wines are hereby defined and declared to be those wines manufactured wholly within this State from fruits and berries grown only within the State of Georgia and produced by natural fermentatiqn. Wine manufactured in Georgia for export shall not be subject to the tax herein imposed.
(b) On foreign wines having an alcoholic strength of not more than 14% alcohol by volume-40 per gallon. On foreign wines between 14% and 21% alcoholic strength by volume 60 per gallon. Foreign wines are hereby defined and declared to be wines which are imported in whole or in part into the State of Georgia or manufactured in the State of Georgia from products imported in whole or in part from without the State and produced by natural fermentation.
Sec. 2. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Paragraph (b) of Section 4 of said Act as the same appears on Page 854 of the Acts of 1937, be and the same is hereby stricken and a new Paragraph (h) is substituted, to read as follows:
(b) Upon each grocery store in this State engaged in selling a general line of groceries, and which sells natural Georgia wines under 14% alcohol by volume, in bottles or in broken case lots, and not by the drink, the annual license fee shall be One Dollar ($1.00); and upon all other persons retailing wines, either by the drink or by the bottle or in broken case lots, the annual license fee shall be Five Dollars ($5.00).
Sec. 3. Nothing in this Amendment shall be construed to change the law with reference to license fees by counties and municipalities.

THURSDAY, FEBRUARY 10, 1938.

1691

Sec. 4. All laws and parts of law:s in conflict with this Act are hereby repealed.
Mr. Gross of Stephens moved the previous question, the call was sustained, and the main question ordered.
The following amendment to the substitute to House Bill No. 188 was read and adopted:
Mr. Adams of Franklin moves to amend the amendment No. 188 to be appropriately numbered and to read:
It shall be unlawful to possess or sell synthetic wines.
The substitute offered by Messrs. Lanham of Floyd and Grubbs of Crisp was adopted, as amended.
The report of the committee, which was favorable to the passage of the bill, was agreed to, by substitute, as amended.
On the passage of the bill, by substitute, as amended, the ayes were 116, the nays 0.
The bill having received the requisite constitutional majority was passed, by substitute, as amended.
Under the order of business established by the Committee on Rules, the following bills of the House were taken up for consideration and read the third time:
By Messrs. Deal of Bulloch, Bennett of Ware, and Coleman of Lowndes-
House Bill No. 506. A bill to be entitled an Act to amend the General Tax Act, so as to provide for a tax on auctioneers for the sale of certain products and commodities, and for other purposes.
Mr. Sabados of Dougherty moved the previous question, the call was sustained, and the main question ordered.
The following committee amendment to House Bill No. 506 was read:
The committee moves to amend House Bill No. 506 by adding after the words at the end of section;
"only live stock are sold,"
the following words, .
"for and/or to Farmers."

1692

JouRNAL OF THE HousE,

The following amendment ,to the committee amendment to House Bill No. 506 was read and adopted:

Messrs. Bennett of Ware and Lanham of Floyd move to amend the committee amendment by striking the "and" just before the words "or to Farmers."

The committee amendment, as amended, was adopted.

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 109, the nays 3.

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

By Mr. Parker of Colquitt-

House Bill No. 545. A bill to be entitled an Act to amend an Act known as the Building and Loan Act, so as to allocate the fees paid to the Secretary of State to be used by him in enforcement of the provisions of said Act, and for other purposes.

The main question was ordered.

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

On the passage of the bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Allison Ansley Barlow Barrett Batchelor Beck Bennett Blease Bond Booth Bradley Brewton

Bridges

Dampier

Brooks of Oglethorpe Daughtry

Brown of Greene

Daves

Campbell

Davis

Carmichael of Randolph Deal

Clary

DeFoor

Claxton

Drinkard

Cochran

Dugas

Cohen

Durden

Coleman

Edwards

Corbett

Ennis

Coxon

Erwin

Culpepper of Fayette Etheridge

THURSDAY, FEBRUARY 10, 1938.

1693

Evans Ferguson Fitts Gammage Goff Gross Groover Guyton Hand Harden Harrell of Brooks Harrell of Irwin Harris Harrison Harvey Hastings Hayes
Herndon Herrin Hollis Home Houston Houze Jackson Johnson Jones of Brantley Jones of Dodge Jones of Elbert Kendrick Key Kirbo Lanham Lanier

Lewis Manry
Marshall McCracken McCravey McGehee McGraw McNall Milam Miller Moore of Baldwin Moore of Haralson Morgan Morris MundY Musgrove Newby Newton Oden Parker Patten Perry Peters Pilcher Pirkle Pound Preston of Bulloch Preston of Walton Ragan Rawlins Reid of Carroll Reid of Wilcox Rountree

Those not voting were Messrs.:

Almand Bargeron Barnard Brooks of Jackson Brown of Peach Candler Carmichael of Cobb Chappell Clark Clements Cogdell Croker Culpepper of Mitchell

Dean Dollar Douglass Drake Dukes Dunn Ellington Elliott Field Flanders Fowler Freeman
Gat

Rowland Sabados Sams Sanders Sapp Sartain Scruggs Smith of Henry Smith of Muscogee Striplin Sutton Swindle Tapp Tate Taunton Thomas Trippe Vickery Wall Walton Ware Warnock Watkins Weaver Welsch Whaley Whipple Whitaker Williams of Bacon Williams of Jones Wilson Yeomans Zellner
Gavin Grayson Grubbs Hamby Hampton Hart Hendrix Hill of Clarke Hill of Screven Hodges Hogg Holt Joel

1694

JouRNAL OF THE HousE,

J"ones of Bartow J"ones of J"enkins Keel Larsen Leonard Lewallen Mankin Martin Mavity Middleton

Moore of Lumpkin Moore of Taliaferro Moss Palmour Peebles Phillips Rees Salter Saunders

Simmons Smith of Dodge Spence Todd Trapnell Turner Wages Warnell Mr. Speaker

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

On the passage of the bill, the ayes were 138, the nays 0.

The bill having received the requisite constitutional majority was passed.

By Mr. Grayson of Chatham-

House Bill No. 179. A bill to be entitled an Act to extend the penal laws of the State of Georgia relating to illegal practices in general elections to all primary elections, and for other purposes.

The following substitute to House Bill No. 179 was read:

By Mr. Guyton of Effingham-

A BILL

To be entitled an Act to extend the penal laws of the State of Georgia to illegal practices in general elections to all primary elections, to provide for the identification of the voters in all primary elections and elections by ballot within this State, by requiring each voter applying to vote, before receiving a ballot and being allowed to vote, to sign his or her name in a book to be kept by the managers of each box in said primary election or election to be known as "Voters Identification Book"; to require the ordinaries of the several counties in this State to furnish a sufficient number of such books to the election managers in their respective counties sufficient to accommodate the signing by all the registered voters entitled to vote at such box; to provide for the filing and custody of said "Voters Identification Book"; to declare the signing of any other name in said book than the name of the applicant to vote, whether the name

THURSDAY, FEBRUARY 10, 1938.

1695

be that of a living or deceased person or a fictitious one, to be held and deemed to be forgery and fix the punishment therefor; and for other purposes.
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, all penal laws of the State of Georgia relating to illegal practices in general elections be, and they are hereby, extended to all primary elections held for State, County, or Municipal offices in the State of Georgia.
Sec. 2. Be it further enacted by the authority aforesaid, that from and after the passage of this Act each voter at any and all primary elections and elections of every kind, by ballot, within this State, when applying to vote and before receiving a ballot, and being allowed to vote, shall sign his or her name in a book to be kept by the managers of each box in said election to be known as "Voters Identification Book" as hereinafter required to be furnished, and when any applicant to vote signs his or her name by mark the same shall be witnessed by one of the managers at said box.
Sec. 3. Be it further enacted by the authority aforesaid, that before the date fixed for any primary election or election of any kind, by ballot, within this State, the ordinaries of the several counties of this State shall furnish to the managers at each box at such election a book to be known as "Voters Identification Book" for the purposes set out in Section 2 of this Act.
Sec. 4. Be it further enacted by the authority aforesaid, that the managers at any and all primary elections and elections of every kind, by ballot, within this State, when making returns of any such election as now or hereafter required by law or by any political party rule now or hereafter in force at the time of any such election, shall file along with said returns said "Voters Identification Book," containing the names of all persons receiving ballots to vote in any such election, which "Voters Identification Book" shall be kept open and subject to inspection by the public at all times, until after four years from the expiration of the date of filing the same.
Sec. 5. Be it further enacted by the authority aforesaid,

1696

JouRNAL OF THE Hous,

that any person who at any primary election or election of any kind, by ballot, within this State, shall sign the said "Voters Identification Book," for the purpose of fraudulently obtaining a ballot, representing himself or herself to be a different person and representing that he or she is the person whose name he or she signs whether said person so impersonated be living, deceased or a fictitious person, shall be guilty of forgery and punished by imprisonment and labor in the penitentiary for not less than two years nor more than four years.
Sec. 6. Be it further enacted by the authority aforesaid, that the provisions of Sections 2, 3, 4, and 5, of this Act, shall not become or be operative in any county in this State until they are first recommended to be put into force and operation by the grand jury of such county.
Sec. 7. Be it further enacted by the authority aforesaid, that all laws and parts oflaws in conflict with this Act be and the same are hereby repealed.
The following amendment to House Bill No. 179 was read and adopted:
Mr. Reid of Carroll moves to amend House Bill No. 179 by inserting a new section to be appropriately numbered and to read as follows and to amend the caption accordingly:
Be it further enacted that all blind persons entitled to vote in elections in Georgia are allowed to take a friend of his choice in booth for the purpose of making his or her ticket.
The substitute offered by Mr. Guyton of Effingham was taken up for consideration.
The following amendments to the substitute offered by Mr. Guyton of Effingham were read and adopted:
Mr. Zellner of Monroe moves to amend the substitute to House Bill No. 179 by Mr. Guyton of Effingham by adding a new paragraph to be appropriately numbered and to read as follows: "Provided that the identification book named herein shall contain the names of those registering therein in alphabetical order."
Mr. Cohen of Chatham moves to amend the substitute to

THURSDAY, FEBRUARY 10, 1938.

1697

House Bill No. 179 by striking in Section 5 next to the last line the words "for not less than two years and not more than four years," and inserting the words "shall be punished as for a misdemeanor."

Mr. Evans of McDuffie moved that the House reconsider its action in adopting the amendment offered by Mr. Cohen of Chatham.

On the motion to reconsider, the ayes were 53, the nays 52, and the motion prevailed.
Mr. Watkins of Butts moved that the bill be tabled.
On the motion, the ayes were 36, the nays 73, and the motion was lost.

Mr. Smith of Muscogee moved that the House do now adjourn until 9:30 o'clock tomorrow morning, and the motion was lost.

An amendment offered by Mr. Beck of Carroll to the substitute to House Bill No. 179 was read and lost.
The following amendment to the substitute to House Bill No. 179 was read:
Mr. Cohen of Chatham moves to amend the substitute to House Bill No. 179 by striking in the 5th Section next to last line the words "two years" and" four years" and insert "one year and not more than two years."
Mr. Hand of Mitchell moved that the House do now adjourn until 9:30 o'clock tomorrow morning.

On the motion, Mr. Zellner of Monroe 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.:

Barlow

Coleman

Barrett

Corbett

Booth

Culpepper of Fayette

Bridges

Dampier

Candler

Drinkard

Carmichael of Randolph Edwards

Elliott Etheridge Field Goff Hart Herndon

1698

joURNAL OF THE HouSE,

Hodges Hogg Jones of Dodge Kendrick Lanier Leonard McCravey Milam

Miller Patten Rees Rountree Rowland Sartain Smith of Dodge Smith of Muscogee

Sutton Tapp
Tate Taunton Trippe Wall Whaley Whitaker

Those voting in the negative were Messrs.:

Adams Allison Ansley Barnard Batchelor Beck Bennett Bradley Brewton Campbell Carmichael of Cobb Chappell Clary
Claxton Cochran Cohen Daves DaVis Deal DeFoor Dugas Dukes Dunn Durden Ennis Evans Ferguson Fitts Fowler Grayson Gross Groover

GUYton Hand Harrell of Brooks Harrell of Irwin Harrison Hastings Hayes Herrin Hollis Home Houston Houze Jackson Joel Johnson Jones of Bartow Jones of Elbert Key
Kirbo Lanham Lewis
Manry
MaVity
McGehee McGraw McNall Moore of Baldwin Moore of Haralson Moore of Taliaferro Morgan
MundY Musgrove

Newby Newton Oden Parker Perry Pilcher Pirkle Pound Preston of Walton Rawlins Reid of Carroll Sabados Sams Sapp Scruggs Simmons Striplin Swindle Thomas Trapnell Vickery Walton Ware Warnock Weaver Welsch Whipple Williams of Bacon Williams of Jones Wilson Yeomans Zellner

Those not voting were Messrs.:

Almand Bargeron Blease

Bond Brooks of Jackson Brooks of Oglethorpe

Brown of Greene Brown of Peach Clark

THURSDAY, FEBRUARY 10, 1938.

1699

Clements Cogdell Coxon Croker Culpepper of Mitchell Daughtry
Dean Dollar Douglass Drake Ellington Erwin Flanders Freeman Gammage
Gary
Gavin Grubbs HambY Hampton

Harden Harris Harvey Hendrix Hill of Olarke Hill of Screven Holt Jones of Brantley Jones of Jenkins Keel Larsen Lewallen Mankin Marshall Martin McCracken Middleton Moore of Lumpkin Morris

Moss Palmour Peebles Peters Phillips Preston of Bulloch Ragan Reid of Wilcox Salter Sanders Saunders Smith of HenrY Spence Todd Turner Wages Warnell Watkins Mr. Speaker

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

On the motion to adjourn, the ayes were 42, the nays 96, and the motion was lost.

Mr. Smith of Muscogee moved that House Bill No. 179, the substitute, and all amendments, be tabled.

On the motion to table, the ayes were 38, the nays 69, and the motion was lost.

Mr. Evans of McDuffie moved the previous question.

Mr. Taunton of Taylor moved that the House do now adjourn until 9:30 o'clock tomorrow morning, and the motion prevailed.

The Speaker announced that the House adjourned until 9:30 o'clock tomorrow morning, and House Bill No. 179 went over until that time under the order of unfinished business.

1700

JouRNAL OF THE HousE,

REPRESENTATIVE HALL, ATLANTA, GA.,

FRIDAY, FEBRUARY 11, 1938.

The House met, pursuant to adjournment, this day at 9:30
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

Culpepper of Fayette

Allison

Dampier

Almand

Daughtry

Ansley

Daves

Barlow

Davis

Barnard

Deal

Barrett

Dean

Batchelor

DeFoor

Beck

Dollar

Bennett

Douglass

Blease

Drake

Bond

Drinkard

Booth

Dugas

Bradley

Dukes

Brewton

Dunn

Bridges

Durden

Brooks of Jackson

Edwards

Brooks of Oglethorpe Elliott

Brown of Greene

Ennis

Brown of Peach

Erwin

Campbell

Etheridge

Candler

Evans

Carmichael of Cobb

Ferguson

Carmichael of Randolph Fitts

Chappell

Fowler

Clark

Freeman

Clary

Gammage

Claxton

Gary

Clements

Goff

Cochran

Grayson

Cohen

Gross

Coleman

Groover

Corbett

Grubbs

Coxon

Guyton

Croker

Hamby

Hampton Hand Harden Harrell of Brooks Harrell of Irwin Harris Harrison Hart Harvey Hastings Hayes Hendrix Herndon Herrin Hill of Clarke Hodges Hogg Hollis Holt Home Houston Houze Jackson Joel Johnson Jones of Bartow Jones of Brantley Jones of Dodge Jones of Elbert Jones of Jenkins Keel Kendrick Key
Kirbo
Lanham

FRIDAY, FEBRUARY 11, 1938.

1701

Lanier Larsen Leonard Lewallen Lewis Mankin Manry
Marshall Martin Mavity McCracken McCravey McGehee McGraw McNall Middleton Milam Miller Moore of Baldwin Moore of Haralson Moore of Lumpkin Moore of Taliaferro Morgan Morris Mundy Musgrove Newby Newton Oden

Palmour Parker Patten Peebles Perry Peters Phillips Pilcher Pirkle Pound Preston of Bulloch Ragan Rawlins Reid of Carroll Reid of Wilcox Rountree Rowland Sabados Salter Sams Sanders Sapp Sartain Saunders Scruggs Simmons Smith of Dodge Smith of Henry Smith of Muscogee

Striplin Sutton Swindle Tapp Tate Taunton Todd Thomas Trapnell Trippe Turner Vickery Wall Walton Ware Warnell Warnock Watkins Weaver Welsch Whaley Whipple Whitaker Williams of Bacon Williams of Jones Wilson Yeomans Zellner Mr. Speaker

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

Mr. Speaker:

The Senate insists upon its amendments to the following bill of the House and asks that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate:

By Mr. Parker of Colquitt-

House Bill No. 204. A bill to be known as the Uniform Warehouse Receipts Law, and for other purposes.

The President has appointed as a Conference Committee on the part of the Senate the following members of the Senate:

1702

JouRNAL oF THE HousE,

Senators Turner of the 35th District,
Whitehead of the 30th District, and
Moye of the 11th District.
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 House, to-wit:
By Mr. Zellner of Monroe-
House Resolution No. 180. A resolution commending The Atlanta Constitution for sponsoring the "Plant-to-Prosper Campaign."
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, as amended, of the House, to-wit:
By Mr. Grayson of Chatham-
House Bill No. 190. A bill amending Section 14 of the General Appropriation Act relating to the Agricultural Department, and for other purposes.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:
Mr. Speaker:
The reports of the Conference Committees on the following bills of the House have been adopted by the Senate:
By Mr. Cochran of Thomas-
House Bill No. 260. A bill appropriating $50,000 to be used in the prevention and control of plant disease and dangerous insects.

FRIDAY, FEBRUARY 11, 1938.

1703

By Mr. Gross of Stephens-
House Bill No. 242. A bill authorizing the State Highway Board to use any funds available to them for the purpose of matching any Federal funds.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the House, to-wit:
By Mr. Reid of Wilcox-
House Bill No. 542. A bill abolishing the County Depository of Wilcox County; to provide for the election of a County Treasurer.
Mr. Dampier of Laurens, Vice-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 Senate bills and resolutions.
5. First reading and reference of Senate bills and resolutions.
By unanimous consent, the following bills of the House were introduced, read the first time, and referred to the committees:

1704

JouRNAL or THE HousE,

By Mr. Ragan of Pulaski-
House Bill No. 564. A bill to be entitled an Act to amend an Act (Georgia Laws 1937), decreasing the amount of the bond of the treasurer therein provided for from $25,000 to $15,000, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Carmichael of Cobb-
House Bill No. 565. A bill to be entitled an Act to amend the Highway Mileage Act by adding additional mileage to the System of State Aid Roads, and for other purposes.
Referred to Committee on Public Highways No.2.
By Mr. Williams of Jones-
House Bill No. 566. A bill to be entitled an Act to amend the Highway Mileage Act by adding additional mileage to the System of State Aid Roads, 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. 1, submitted the following report:
Mr. Speaker:
Your Committee on Amendments to Constitution No. 1 have had under consideration the following resolutions and 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. 126. Do pass.
House Resolution No. 58-282a. Do not pass.
House Resolution No. 46-216a. Do not pass.
House Bill No. 552. Do not pass.
House Resolution No. 105-400a. Do not pass.

FRIDAY, FEBRUARY 11, 1938.

1705

House Resolution No. 106-400b. Do pass.
Respectfully submitted,
LANIER of Richmond, Chairman.
Mr. Sams of DeKalb County, Vice-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 Senate and have instructed me, as Vice-Chairman, to report the same back to the House with the following recommendation:
Senate Resolution No. 67. Do pass.
Respectfully submitted,
SAMS of DeKalb, Vice-Chairman.
Mr. Sartain of Walker County, Chairman of the Committee on Engrossing, submitted the following report:
Mr. Speaker:
Your Committee on Engrossing has examined, found properly engrossed, and ready for transmission to the Senate, the following resolutions of the House, ta-wit:
House Resolutions Nos. 180, 186.
Respectfully submitted,
SARTAIN of Walker, Chairman.
Mr. Groover of Troup County, Chairman of the Committee on Enrolling, submitted the following report:
Mr. Speaker:
Your Committee on Enrolling has examined, found properly enrolled, and ready for transmission to the Governor, the following bills and resolution of the House, to-wit:
House Bills Nos. 269, 534, 542, 543, 544.

1706

JouRNAL OF THE HousE,

House Resolution No. 179.
Respectfully submitted,
GROOVER of Troup, Chairman.
Mr. Deal of Bulloch County, Chairman of the Committee on General Judiciary No. 2, submitted the following report: Mr. Speaker:
Your Committee on General Judiciary No. 2 have had under consideration the following bills and resolution of the House and Senate and have instructed me, as Chairman, to report the same back to the House with the following recommendations:
House Resolution No. 141-506a. Do pass.
House Bill No. 438. Do not pass.
House Bill No. 436. Do not pass.
House Bill No. 355. Do not pass.
Senate Bill No. 131. Do pass.
Respectfully submitted,
DEAL of Bulloch, Chairman. Mr. Almand of walton County, Chairman of the Committee on Penitentiary, submitted the following report: Mr. Speaker:
Your Committee on Penitentiary 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. 146. Do pass.
Respectfully submitted,
ALMAND of Walton, Chairman.
Mr. Gross of Stephens County, Vice-Chairman of the Committee on Public Highways No. 1, submitted the following report:

FRIDAY, FEBRUARY 11, 1938.

1707

Mr. Speaker:
Your Committee on Public Highways No. 1 have had under consideration the following bill of the Senate and have instructed me, as Vice-Chairman, to report the same back to the House with the following recommendation:
Senate Bill No. 140. Do not pass.
Respectfully submitted,
GRoss of Stephens, Vice-Chairman.
Mr. Pound of Hancock 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 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. 63. Do pass.
Respectfully submitted,
PouND of Hancock, Chairman.
Mr. Coleman 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 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. 138. Do pass.
Respectfully submitted,
CoLEMAN of Lowndes, Chairman.
By unanimous consent, the following bills and resolutions of the House and Senate, favorably reported, were read the second time:

1708

JouRNAL oF THE HousE,

By Senators Atkinson of the 1st District, Purdom of the 46th District, Lindsay of the 34th District, and others-
Senate Resolution No. 63. A resolution requesting members of Congress from Georgia to vote against any measure which may tend to reduce the Federal allotment of funds for highway construction in Georgia or other States, and for other purposes.
By Senator Shedd of the 3rd District-
Senate Resolution No. 67. A resolution proposing an amendment to the Constitution authorizing the Board of Education of Brantley County to levy a school tax, and for other purposes.
By Mr. Jones of Elbert-
House Resolution No. 106-400b. A resolution proposing to the qualified voters of the State of Georgia for ratification or rejection an amendment to the Constitution of Georgia, so as to provide for annual meetings of the General Assembly, and for other purposes.
By Senator Williams of the 5th District-
Senate Bill No. 126. A bill to be entitled an Act to amend the Constitution of Georgia so as to authorize the City of Homerville to incur a bonded indebtedness in addition to that heretofore permitted, and for other purposes.
By Senators Millican of the 52nd District and Pruett of the 32nd District-
Senate Bill No. 131. A bill to be entitled an Act to amend a certain section of the Code of Georgia of 1933 relating to punishment for robbery by intimidation, and for other purposes.
By Senator Allen of the 31st District-
Senate Bill No. 138. A bill to be entitled an Act amending the Act, approved December 16, 1937, relating to how applications shall be made and disposed of where the homestead claimed exempt is located in more than one county and divided by county lines, and for other purposes.
By Mr. Booth of Barrow-
House Resolution No. 141-506a. A resolution authorizing

FRIDAY, FEBRUARY 11, 1938.

1709

the Attorney General to give opinions on any subject to any member or group of members of the General Assembly as to its legality and constitutionality, and for other purposes.
By Senator Lindsay of the 34th District-
Senate Bill No. 146. A bill to be entitled an Act to create the office of State Ranger for the Tattnall Prison Property under the State Penal Administration, and for other purposes.
Under the order of business established by the Committee on Rules, the following bills of the Senate were taken up for consideration and read the third time:
By Senators Griner of the 45th District, Harrison of the 17th District, and Jones of the 38th District-
Senate Bill No. 124. A bill to be entitled an Act to amend the Highway Mileage Act by adding a certain road to the State Aid System of Roads, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Senator Atkinson of the 1st District-
Senate Bill No. 136. A bill to be entitled an Act to permit certain counties to control road houses, etc., within their limits, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 115, the nays 1.
The bill having received the requisite constitutional majority was passed.
By Senators Purdom of the 46th District, Atkinson of the 1st District, and Lindsay of the 34th District-
Senate Bill No. 65. A bill to be entitled an Act relating to

1710

JouRNAL OF THE HousE,

ex-officio members of the State Prison Commission, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 116, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Senators Purdom of the 46th District, Atkinson of the 1st District, and Lindsay of the 34th District-
Senate Bill No. 63. A bill to be entitled an Act to provide that in all criminal sentences and records the words "Public Work Camp" shall be in lieu of" Chain Gang," and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 115, the nays 4.
The bill having received the requisite constitutional majority was passed.
By Senators Purdom of the 46th District, Atkinson of the 1st District, and Lindsay of the 34th District-
Senate Bill No. 79. A bill to be entitled an Act to repeal Code Section 77-503 and amending Section 77-504 relative to the applications for parole, and for other purposes.
Mr. Parker of Colquitt moved the previous question, the call was sustained, and the main question was ordered.
The following amendment to Senate Bill No. 79 was read and adopted:
Mr. Bennett of Ware moves to amend Senate Bill No. 79 by striking the word" majority" in line 19 from bottom of Page 2, and inserting the word" unanimous vote."
An amendment offered by Mr. Sams of DeKalb was read and lost.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.

FRIDAY, FEBRUARY 11, 1938.

1711

On the passage of the bill, as amended, Mr. Barrett 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

Goff

Allison

Grayson

Almand

Gross

Barlow

Grubbs

Barrett

Hamby

Batchelor

Hand

Bennett

Harrell of Brooks

Bond

Harrell of Irwin

Booth

Harris

Bradley

Hastings

Brewton

Hayes

Bridges

Hendrix

Brooks of Jackson

Herndon

Brown of Greene

Hill of Clarke

Carmichael of Cobb

Hodges

Carmichael of Randolph Hogg

Clary

Holt

Claxton

Home

Clements

Houston

Cochran

Houze

Coleman

Joel

Corbett

Johnson

Croker

Jones of Bartow

Dampier

Jones of Dodge

Daves

Jones of Elbert

Deal

Key

Dean

Lanham

Dollar

Lanier

Drake

Larsen

Dugas

Leonard

Dukes

Lewallen

Durden

Lewis

Edwards

Manry

Elliott

Martin

Ennis

MavitY

Etheridge

McCracken

Ferguson

McGehee

Fowler

McGraw

Freeman

McNall

Gammage

Middleton

Milam Moore of Baldwin Moore of Haralson Moore of Lumpkin Moore of Taliaferro Morgan Morris Mundy Musgrove Newby Newton Oden Palmour Parker Patten Phillips Pilcher Pirkle Pound Preston of Bulloch Preston of Walton
Ragan
Reid of Carroll Sapp Scruggs Simmons Smith of Henry Swindle Tapp
Tate Todd Thomas Trapnell Trippe Vickery Wall Walton Warnell Warnock Watkins

1712

JouRNAL oF THE HousE,

Weaver Welsch Whaley

Whipple Williams of .Jones

Yeomans Zellner

Those voting in the negative were Messrs.:

Blease Brown of Peach Candler Cohen Culpepper of Fayette DaughtrY Drinkard Dunn Evans Fitts

Groover GuYton Harden Hart Herrin .Jones of Brantley Kirbo Peters Reid of Wilcox

Rowland Sabados Sams Sartain Smith of Dodge Ware Whitaker Williams of Bacon Wilson

Those not voting were Messrs.:

Ansley Bargeron Barnard Beck Brooks of Oglethorpe Campbell Chappell Clark Cogdell Coxon Culpepper of Mitchell Davis DeFoor Douglass Ellington Erwin Field

Flanders Gary Gavin Hampton Harrison Harvey Hill of Screven Hollis .Jackson .Jones of .Jenkins Keel Kendrick Mankin Marshall McCravey Miller Moss

Peebles Perry Rawlins Rees Rountree Salter Sanders Saunders Smith of Muscogee Spence Striplin Sutton Taunton Turner Wages Mr. Speaker

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

On the passage of the bill, as amended, the ayes were 127, the nays 28.
The bill having received the requisite constitutional majority was passed, as amended.
1 The following resolution of the Senate was taken up for con-
sideration and read:

FRIDAY, FEBRUARY 11, 1938.

1713

By Senator Whitehead of the 30th District-

Senate Resolution No. 65. A resolution providing for a sine die adjournment of the General Assembly at 12:00 o'clock midnight, Saturday, February 12th, 1938, and for other purposes.

The following amendment to Senate Resolution No. 65 was read and adopted:

Messrs. Kendrick of Fulton, Parker of Colquitt, and Marshall of Macon move to amend Senate Resolution No. 65 by striking the words "twelve o'clock midnight" in the last two lines of the last paragraph of said resolution and inserting in lieu thereof the words "six o'clock p. m."

On the adoption of the resolution, Mr. Carmichael of Cobb 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.:

Ansley Barlow Batchelor Bennett Blease Bond Booth Brewton Bridges Brooks of Jackson Campbell Chappell Clark Clary
Claxton Clements Cochran Coleman Corbett Coxon Croker Dampier Daughtry
Daves Deal

Dollar Douglass Drake Dugas Dukes Dunn Durden Edwards Ennis Etheridge Ferguson Fitts Fowler Gammage Gary
Gross Groover Grubbs Harrell of Brooks Harrell of Irwin Harrison Hastings Hayes Hendrix Herndon

Hill of Clarke Hodges Hollis Holt Houston Joel Jones of Elbert Jones of Jenkins Key Kirbo Lanier Larsen Leonard Lewallen Lewis Mankin Manry
Marshall Mavity McCracken McGraw Middleton Milam Moore of Baldwin Moore of Lumpkin

1714

JouRNAL oF THE HousE,

Moore of Taliaferro Morgan Mundy Newton Oden Parker Patten Phillips Pilcher Pound Preston of Bulloch

Rawlins Rountree Sanders Sapp Saunders Scruggs Simmons Sutton Todd Trapnell Trippe

Vickery Wall Ware Warnock Watkins Welsch Whaley Williams of Bacon Williams of Jones Yeomans

Those voting in the negative were Messrs.:

Almand

. Hampton

Barrett

Hand

Beck

Harden

Bradley

Harris

Brown of Greene

Harvey

Brown of Peach

Herrin

Candler

Hogg

Carmichael of Cobb

Home

Carmichael of Randolph Houze

Cohen

Jackson

Culpepper of Fayette Johnson

Dean

Jones of Bartow

DeFoor

Jones of Brantley

Drinkard

Jones of Dodge

Elliott

Limham

Erwin

Martin

Evans

McCravey

Field

McGehee

Flanders

McNall

Freeman

Moore of Haralson

Goff

Morris

Grayson

Musgrove

GUYton

Newby

Hamby

Palmour

Perry
Peters Pirkle Preston of Walton Ragan Reid of Carroll Reid of Wilcox Rowland Sabados Sams Smith of Dodge Smith of Henry Striplin Swindle Tate Taunton Walton Warnell Weaver Whipple Whitaker Wilson Zellner

Those not voting were Messrs.:

Adams Allison Bargeron Barnard Brooks of Oglethorpe Cogdell Culpepper of Mitchell Davis Ellington

Gavin Hart Hill of Screven Keel Kendrick Miller Moss Peebles Rees

Salter Sartain Smith of Muscogee Spence Tapp Thomas Turner Wages Mr. Speaker

FRIDAY, FEBRUARY 11, 1938.

1715

The roll call was verified.

Mr. Evans of McDuffie moved that the resolution be tabled.

On the motion to table, Mr. Sutton of Wilkes moved the ayes and nays, and the call was sustained.

Mr. Carmichael of Cobb moved that the House do now adjourn until 9 :30 o'clock tomorrow morning, and the motion was lost.

On the motion to table Senate Resolution No. 65, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams

GUYton

Allison

Hamby

Almand

Hampton

Barnard

Hand

Barrett

Harden

Beck

Harrell of Irwin

Blease

Harris

Bond

Harvey

Brewton

Herrin

Brown of Greene

Hogg

Brown of Peach

Home

Campbell

Houze

Candler

Jackson

Carmichael of Cobb

J:(>hnson

Carmichael of Randolph Jones of Bartow

Chappell

Jones of Brantley

Clary

Jones of Dodge

Claxton

Kirbo

Clements

Lanham

Dean

Lewallen

DeFoor

Lewis

Drinkard

Mavity

Dukes

McCravey

Edwards

McGehee

Elliott

McNall

Evans

Moore of Haralson

Field

Morris

Flanders

Newby

Freeman

Palmour

Goff

Perry

GrtWSOn

Peters Pirkle Preston of Bulloch Ragan Reid of Carroll Reid of Wilcox Rowland Sabados Sams Sartain Smith of Dodge Smith of Henry Smith of Muscogee Striplin Swindle Tapp Tate Taunton Trapnell Vickery Walton Warnell Watkins Weaver Welsch Whaley Whipple Whitaker Wilson Zellner

1716

JouRNAL OF THE HousE,

Those voting in the negative were Messrs.:

Ansley Barlow Batchelor Bennett Booth Bridges Brooks of Jackson Cochran Cohen Coleman Corbett Coxon Croker Daughtry
Daves Deal Dollar Douglass Drake Dugas Dunn Durden Ennis Etheridge Ferguson Fitts Fowler

Gammage Gross Groover Grubbs Harrell of Brooks Harrison Hastings Hayes Hendrix Herndon Hill of Clarke Hodges Hollis Holt Houston Joel Jones of Elbert Jones of Jenkins Key Lanier Leonard Mankin Manry
Marshall McCracken McGraw Middleton

Milam Moore of Baldwin Moore of Lumpkin Moore of Taliaferro Morgan Mundy Musgrove Newton Parker Patten Phillips Pound Preston of Walton Rawlins Rountree Sanders Scruggs Simmons Sutton Todd Trippe
Wall Ware Williams of Bacon Williams of Jones Yeomans

Those not voting were Messrs.:

Bargeron Bradley Brooks of Oglethorpe Clark Cogdell Culpepper of Fayette Culpepper of Mitchell Dampier Davis Ellington
'Erwin
Gary

Gavin Hart Hill of Screven Keel Kendrick Larsen Martin Miller Moss Oden Peebles

Pilcher
Rees
Salter Sapp Saunders Spence Thomas Turner Wages Warnock Mr. Speaker

The roll call was verified.

On the motion to table, the ayes were 91, the nays 80.

The resolution was tabled.

FRIDAY, FEBRUARY 11, 1938.

1717

The following resolution of the House was read and adopte~:
By Messrs. Joel of Clarke, Watkins of Butts, Weaver of Bibb, Cochran of Thomas, Bond of Oconee, Lewallen of Banks, Jones of Elbert, Beck of Carroll, Coxon of Long, Mankin of Fulton, Ennis of Baldwin, Deal of Bulloch, Striplin ofHeard, Kirbo of Decatur, Todd of Glascock, Scruggs of Washington, Moore of Taliaferro, and Moore of Baldwin-

House Resolution No. 184.

Whereas, The people of Georgia boast with pride of her two famous sons Crawford W. Long and Alexander H. Stephens, Crawford W. Long having discovered anesthesia which has been a great blessing and a fine contribution to medicine making it possible to operate on the ills of the body without pain, and it has been a benediction to suffering humanity, and,

Whereas, Alexander H. Stephens was vice-president of the Confederacy and contributed much to law and jurisprudence and whose courage in defense of Democracy will always live, has been injected into the principles of Government and who was ever ready to champion the rights of the people, and,

Whereas, Their statues are now in the Statutory Hall in the Capitol at Washington,

Therefore be it resolved by the House of Representatives, The Senate concurring, That a tribute be paid these Georgians by honoring their birthdays each year with appropriate exercises in the public schools of the State, whereby the children may learn to reverence and honor these two distinguished sons of Georgia.

The following bills of the House were taken up for the purpose of considering the Senate amendments thereto:

By Mr. Fowler of Treutlen-

House Bill No. 396. A bill to be entitled an Act to appro-

priate the sum of $20,000.00 for the year 1938 to the Division of

Forestry of the Department of Natural Resources for the pur-

pose of developing the paper-pulp industry in this State, and for

other purposes.



1718

JouRNAL OF THE HousE,

The following Senate amendment to House Bill No. 396 was read:
By the Senate-
The Senate moves to amend House Bill No. 396 as follows:
By adding after the word" appropriated" in the first line of Section 1 the following:
"from the moneys now in the hands of the Treasury of the State Licensing Board for contractors."
On the question of agreeing to the Senate amendment to House Bill No. 396, the ayes were 113, the nays 6.
The Senate amendment was agreed to.
By Messrs. Leonard, Smith, and Elliott of Muscogee-
House Bill No. 126. A bill to be entitled an Act to provide for reciprocal agreements with other States as to privileges of operating motor vehicles over the highways of this State, and for other purposes.
The following Senate amendments to House Bill No. 126 were read:
By the Senate-
The Senate amends Section 1 of House Bill No. 126 as follows:
Add at the end of Section 1 the following words, after changing the period to a comma: "and promote the distribution of our mines, farms and industries."
The Senate amends House Bill No. 126, Section 3 thereof by adding at the end of said section the following:
"The purpose of this Act is for reciprocal agreements between the State of Georgia and other states, and nothing shall be construed to prevent the designated authorities of this State from entering into a reciprocal agreement with other states on a mileage basis and a mileage tax payment agreement."
Mr. Leonard of Muscogee moved that the House agree to the Senate amendments to House Bill No. 126.

FRIDAY, FEBRUARY 11, 1938.

1719

Mr. McNall of Chatham moved that the House disagree to the Senate amendments to House Bill No. 126.

Mr. Sutton of Wilkes moved that the House do now recess for one hour, and the motion prevailed.

2:10 o'clock P. M.

The Speaker called the House to order.

Mr. Fowler of Treutlen arose to a question of personal privilege and addressed the House.

The following bill of the House was again taken up for the purpose of considering the Senate amendments thereto:

By Messrs. Leonard, Smith, and Elliott of Muscogee-

House Bill No. 126. A bill to be entitled an Act to provide for reciprocal agreements with other States as to privileges of operating motor vehicles over the highways of this State, and for other purposes.

Mr. Sabados of Dougherty moved the previous question, the . call was sustained, and the main question was ordered.

On the motion to agree to Senate amendments to House Bill No. 126, Mr. Leonard of Muscogee 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

DeFoor

Barlow

Dollar

Barnard

Douglass

Blease

Drake

Bridges

Drinkard

Brooks of Oglethorpe Dunn

Carmichael of Randolph Edwards

Clary

Erwin

Cochran

Fitts

Corbett

Fowler

Coxon

Gross

Croker

Groover

Dampier

GUYton

Daves

Hampton

Hand Harrell of Irwin Harrison Hayes
Hendrix Herndon Herrin Hill of Clarke Hodges Hogg Hollis Houze Jackson Johnson

1720

jOURNAL OF THE HousE,

Jones of Brantley Jones of Dodge Jones of Elbert Kendrick Key
Leonard Lewis Mankin Manry
Marshall Martin Mavity McCracken McCravey

McGraw Milam Moore of Haralson MundY Musgrove Newby Oden Parker Peters Pilcher Pirkle Rowland Scruggs Smith of Muscogee

Sutton Swindle Tate Thomas Trapnell Trippe Vickery Wall Walton Whipple Whitaker Williams of Jones Wilson Yeomans

Those voting in the negative were Messrs.:

Adams Allison Batchelor Beck Bennett Bond Booth Bradley Brewton Brown of Peach Candler Carmichael of Cobb Clements Cohen Coleman Deal Dean Dukes

Ennis Evans Ferguson Field Freeman Goff Grayson Grubbs Jones of Bartow Kirbo Lanier Lewallen McNall Middleton Moore of Baldwin Moore of Lumpkin Morgan

Morris Newton Perry Phillips Sabados Sams Sanders Sapp Simmons Smith of Henry Tapp Todd Watkins Weaver Welsch Whaley Williams of Bacon

Those not voting were Messrs. :

Ansley Bargeron Barrett Brooks of Jackson Brown of Greene Campbell Chappell Clark Claxton Cogdell Culpepper of Fayette

Culpepper of Mitchell Daughtry
Davis Dugas Durden Ellington Elliott Etheridge Flanders Gammage
Gary

Gavin Haniby Harden Harrell of Brooks Harris Hart Harvey Hastings Hill of Screven Holt Home

FRIDAY, FEBRUARY 11, 1938.

1721

Houston Joel Jones of Jenkins Keel Lanham Larsen McGehee Miller Moore of Taliaferro Moss Palmour Patten

Peebles Pound Preston of Bulloch Preston of Walton
Ragan
Rawlins Rees Reid of Carroll Reid of Wilcox Rountree Salter Sartain

Saunders Smith of Dodge Spence Striplin Taunton Turner Wages Ware Warnell Warnock Zellner Mr. Speaker

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

On the motion to agree to the Senate amendments, the ayes were 84, the nays 52.

The Senate amendments to House Bill No. 126 having failed to receive the requisite majority were disagreed to.

The following bill of the House was taken up for the purpose of appointing a Committee of Conference thereon:

By Mr. Parker of Colquitt-

House Bill No. 204. A bill to be entitled an Act to be known as the Uniform Warehouse Receipts Law, and for other purposes.

Mr. Parker of Colquitt asked unanimous consent that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate, on House Bill No. 204, and the Speaker appointed the following members of the House, to-wit:

Messrs. Parker of Colquitt,

Drake of Seminole, and

Bennett of Ware.

The following resolution of the House was read and adopted:

By Messrs. Candler of DeKalb and Beck of CarrollHouse Resolution No. 185. A resolution providing that a

1722

JouRNAL oF THE HousE,

memorial be erected to the late Senator Hoke Smith, and for other purposes.
The following bill of the House was taken up for the purpose of considering the Senate substitute thereto:
By Mr. Gross of Stephens-
House Bill No. 530. A bill to be entitled an Act to amend an Act to abolish the offices of Tax Receiver and Tax Collector of Stephens County, and for other purposes.
The following Senate substitute to House Bill No. 530 was read:
By the Senate-
A BILL
To be entitled an Act abolishing the office of Tax Receiver and Tax Collector of Stephens County, Georgia, Acts 1931, pages 560-565, inclusive, approved August 24, 1931, and creating the office of Tax Commissioner of Stephens County, Georgia; fixing his compensation, duties, etc.
Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same:
That from and after the passage of this Act, the Acts of the Georgia Legislature approved August 24, 1931, Acts 1931, pages 560-565, inclusive, is hereby amended as follows, to-wit:
The Tax Commissioner of said county is hereby allowed in addition to the salary which he now receives the sum of fifty (.50) cents for each $2,000.00 homestead exemption allowed in said county; he is further allowed the sum of twenty-five (.25) cents for the distribution of each motor vehicle license plate should county distribution plan be adopted by law, and such other fees as he may be allowed later by State Laws.
Sec. 2. The special fee allowed in Paragraph 1, of this Act, shall be paid from the Treasury of said county.
Sec. 3. Be it further enacted by the authority aforesaid that

FRIDAY, FEBRUARY 11, 1938.

1723

all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed.
On the question of agreeing to the Senate substitute to House Bill No. 530, the ayes were 104, the nays 0.
The Senate substitute was agreed to.
The following report of the Committee of Conference on House Bill No. 161, known as the Rolling Store Bill, was submitted and read:
Mr. President:
Mr. Speaker:
Your Committee on Conference on House Bill No. 161, known as the Rolling Store Bill, submit the following:
1. The House recede from its position in not accepting the Senate substitute and that the Senate substitute be accepted with the following changes:
2. The House and Senate both recede from their position on Section 1 and a new section known as Section 1 be written and reading as follows:
Section 1. That in order to construct and maintain the rural post roads of this State and to require those using said roads for the conduct of business to pay a portion of the cost of maintaining the same, there is hereby levied upon each motor vehicle used as a rolling store as hereinafter defined from or at which goods, wares, merchandise or commodities of any kind or description are sold or offered for sale at retail, an annual license on the following basis:
One-half ton manufacturers rated capacity truck or passenger carrying vehicle not exceeding five passenger capacity twentyfive ($25.00) dollars per year or any fraction thereof.
More than One-half ton manufacturers rated capacity truck and not exceeding One ton manufacturers rated capacity truck fifty ($50.00) dollars per year or any fraction thereof.
In excess of one ton manufacturers rated capacity truck one hundred ($100.00) dollars per year or any fraction thereof.

1724

JOURNAL OF THE HousE,

Provided, however, that no county can levy any additional tax on such rolling store.
3. The Senate recede from its position in adopting Senate Amendment No. 2 and No. 1.
4. That the House recede from its position in not accepting Senate Amendment No.3.
5. That the Senate recede from its position in adopting Senate Amendment No. 4.
6. That the House recede from its position m not adopting Senate Amendment No. 5.
7. That the House recede from its position in not adopting Senate Amendment No. 6.
8. The Senate recede from its position in adopting Senate Amendments Nos. 7 and 8.
CoRBETT of Atkinson,
SwiNDLE of Berrien,
GRoss of Stephens.
On part of the House.
MILLICAN of the 52nd District,
PATTEN of the 6th District,
SuTTON of the 47th District.
On part of the Senate.
Mr. Trippe of Polk moved that the House disagree to the report of the Committee of Conference on House Bill No. 161.
Mr. Corbett of Atkinson moved that the House agree to the report of the Committee of Conference on House Bill No. 161.
On the motion to agree to the report of the Committee of Conference on House Bill No. 161, Mr. Sabados of Dougherty moved the previous question, the call was sustained, and the main question was ordered.

FRIDAY, FEBRUARY 11, 1938.

1725

On the motion to agree to the report of the Committee of Conference on House Bill No. 161, Mr. Corbett of Atkinson moved the ayes and nays.
Mr. Sabados of Dougherty moved that the House reconsider its action in ordering the main question, and the motion was lost.

On the motion to agree to the report of the Committee of Conference on House Bill No. 161, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams

Freeman

Almand

Gammage

Barlow

Gross

Barnard

Grubbs

Bennett

GUYton

Blease

Hampton

Brooks of Oglethorpe Harvey

Carmichael of Cobb

Herrin

Carmichael of Randolph Hill of Clarke

Claxton

Hollis

Clements

Houze

Cochran

Jackson

Coleman

Johnson

Corbett

Jones of Dodge

Daves

Jones of Elbert

Deal

Jones of Jenkins

Dugas

Kendrick

Dukes

Lewis

Edwards

Marshall

Ferguson

McGehee

Fitts

McGraw

Fowler

McNall

Moore of Baldwin Morris Newby Newton Oden Patten Peters Preston of Walton Reid of Carroll Rowland Sapp Scruggs Swindle Taunton Todd Trapnell Vickery Walton Welsch Wilson Yeomans

Those voting in the negative were Messrs.:

Batchelor Beck Bond Booth Bradley Brewton Bridges Brown of Greene Brown of Peach Candler

Clary Croker Cu1pepper of Fayette Dean DeFoor Dollar Douglass Drake Drinkard Dunn

Ennis Etheridge Evans Field Goff Groover Hand Harrell of Brooks Harrell of Irwin
Harrison

1726

JouRNAL OF THE HousE,

Hart Hastings Hayes Hendrix Herndon Hogg Houston Jones of Brantley Kirbo Lanier Manr;v MaVity McCracken McCraveY Middleton Milam Moore of Haralson Moore of Lumpkin

Moore of Taliaferro Morgan Mundy J.:{usgrove Palmour Parker Perry Phillips Pilcher Pirkle Pound
Ragan
Rees Sabados Salter Sams Sartain Simmons

Smith of Dodge Smith of Henry Smith of Muscogee Tapp Tate Thomas Trippe
Turner Wall Ware Watkins Weaver Whaley Whipple Whitaker Williams of Bacon Williams of Jones Zellner

Those not voting were Messrs.:

Allison Ansley Bargeron Barrett Brooks of Jackson Campbell Chappell Clark Cogdell Cohen Coxon Culpepper of Mitchell Dampier Daughtry DaVis Durden Ellington Elliott Erwin

Flanders
Gary
GaVin Grayson Hamby Harden Harris Hill of Screven Hodges Holt Home Joel Jones of Bartow Keel KeY Lanham Larsen Leonard Lewallen

Mankin Martin Miller Moss Peebles Preston of Bulloch Rawlins Reid of Wilcox Rountree Sanders Saunders Spence Striplin Sutton Wages Warnell Warnock Mr. Speaker

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

On the motion to agree to the report of the Committee of Conference on House Bill No. 161, the ayes were 65, the nays 84.

The report of the Committee of Conference on House Bill No. 161 was disagreed to.

FRIDAY, FEBRUARY 11, 1938.

1727

Mr. Harrell of Brooks moved that a second Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate on House Bill No. 161, and the motion prevailed.
The Speaker appointed as a second Committee of Conference on House Bill No. 161, the following members of the House, to-wit:
Messrs. Harrell of Brooks,
Weaver of Bibb, and
Parker of Colquitt.
The following bill of the House was taken up for the purpose of considering the Senate amendment thereto:
By Mr. Grayson of Chatham-
House Bill No. 190. A bill to be entitled an Act to amend Section 14 of the General Appropriation Act relating to the Agricultural Department, and for other purposes.
The following Senate amendment to House Bill No. 190 was read:
By the Senate-
AMENDMENT
The Committee on Appropriations moves to amend the caption of House Bill No. 190 by adding thereto the following:
"to amend Part 1, Title 2, Section 16, and subsection (a) of the General Appropriation Act of 1937 as found on page 64 of the Georgia Laws, 1937, relating to the Division of Wild Life of the Department of Natural Resources, and for other purposes."
The Committee on Appropriations moves to amend House Bill No. 190 by adding a new section thereto and renumbering the sections of said bill appropriately. The said section to be as follows:
"Provided, further, that the amount of $23,264.44 is hereby appropriated to the Division of Wild Life of the Department of

1728

JouRNAL OF THE l-Ious~,

Natural Resources. Said funds to be available immediately to the said Division of Wild Life. Said funds to be used for the operating costs and the payment of past due obligations of said Division of Wild Life. Provided, further, that the sum of $23,264.44 shall be in addition to the allocation provided by law and shall be paid out of funds set up in the Treasury to the credit of the State Licensing Board for Contractors."
On the question of agreeing to the Senate amendment to House Bill No. 190, Mr. Bennett of Ware 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

Edwards

Ansley

Ennis

Barnard

Erwin

Beck

Etheridge

Bennett

Fitts

Bond

Flanders

Booth

Fowler

Brewton

Gammage

Bridges

Goff

Brooks of Oglethorpe Grayson

Brown of Greene

Gross

Candler

Grubbs

Carmichael of Cobb

Hamby

Carmichael of Randolph Hampton

Chappell

Hand

Olary

Harrell of Brooks

Olaxton

Harrell of Irwin

Olements

Hart

Cochran

Harvey

Cohen

Hastings

Coleman

Herndon

Corbett

Herrin

Coxon

Hogg

Croker

Hollis

Dampier

Houston

Daves

Hqu~

Deal

.Johnson

Dollar

.Tones of Bartow

Drake

.Tones of Brantley

Dugas

.Tones of Dodge

Dukes

.Tones of Elbert

.Tones of .Tenkins Kendrick Key Lanier Lewis Manry
Marshall McCracken McGraw McNall Middleton Moore of Taliaferro Morris Mundy Musgrove Newby Newton Oden Parker Patten Perry Ph1llips Pound Preston of Bulloch Preston of Walton Sams Sanders Sapp Saunders Scruggs
Smith of Dodge

FRIDAY, FEBRUARY 11, 1938.

1729

Smith of Muscogee Sutton Todd Trapnell Trippe

Vickery Wall Walton Welsch

Whaley Williams of Bacon Williams of .Jones Yeomans

Those voting in the negative were Messrs.:

Adams Barlow Batchelor Blease Brown of Peach Campbell Culpepper of Fayette Davis Dean DeFoor Drinkard Dunn Evans Ferguson Field Groover GUYton Harden Harrison

Hayes Hendrix Hill of Clarke Hodges Home .Jackson Kirbo Lewallen Mavity McCravey McGehee Milam Moore of Baldwin Moore of Haralson Moore of Lumpkin Morgan Palmour Pilcher
Ragan

Rowland Sabados Salter Sartain Simmons Striplin Swindle Tapp Tate Taunton Thomas Ware Watkins Weaver Whipple Whitaker Wilson Zellner

Those not voting were Messrs.:

Allison Bargeron Barrett Bradley Brooks of .Jackson Clark Cogdell Culpepper of Mitchell Daughtry Douglass Durden Ellington Elliott Freeman
Gary

Gavin Harris Hill of Screven Holt .Joel Keel Lanham Larsen Leonard Mankin Martin Miller Moss Peebles

Peters Pirkle Rawlins Rees Reid of Carroll Reid of Wilcox Rountree Smith of Henry Spence Turner Wages Warnell Warnock Mr. Speaker

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

1730

JouRNAL oF THE HousE,

On the question of agreeing to Senate amendment to House Bill No. 190, the ayes were 106, the nays 58.
The Senate amendment to House Bill No. 190 was agreed to.
The following resolution of the House was read and adopted:
By Messrs. Perry and Houston of Worth, Sabados of Dougherty, and Bradley of Tattnall-
House Resolution No. 186. A resolution extending the time limit for the purchase of auto tags from February 15th, to March 15th, 1938, and for other purposes.
Mr. Marshall of Macon moved that the following bill of the Senate be taken from the table:
By Senator Shannon of the 25th District-
Senate Bill No. 87. A bill to be entitled an Act to amend Section 69-101 of the Code of 1933, and for other purposes.
The motion to take from the table prevailed.
The following report of the Committee of Conference on House Bill No. 260, a bill appropriating money for the control of plant diseases and insects, was submitted and read:
Mr. President:
Mr. Speaker:
Your Conference Committee appointed to confer on House Bill No. 260 beg to submit the following report, and ask that the same be adopted.
That both the House and the Senate recede from its position on the following; That the words and figures "fifty thousand ($50,000) dollars" in Section 1, line two be stricken, and that the words and figures "forty thousand ($40,000) dollars" be inserted in lieu thereof, and that the caption be amended accordingly where the words "fifty thousand dollars" appear and the words "forty thousand dollars" be inserted in lieu thereof in both the caption and wherever they appear in the bill.
That a new section be written and numbered appropriately and to read as follows:

FRIDAY, FEBRUARY 11, 1938.

1731

"That any part of this appropriation for the fiscal year 1937 and 1938 that is not spent during the fiscal year shall be and is hereby appropriated for the fiscal year of 1938 and 1939."
Respectfully submitted,
MILLICAN of the 52nd District,
JOHNSON of the 42nd District,
CHASON of the 8th District.
By the Senate.
HousTON of Worth,
DuRDEN of Dougherty,
CocHRAN of Thomas.
By the House.
On the question of agreeing to the report of the Committee of Conference, the ayes were 116, the nays 4.
The report of the Committee of Conference on House Bill No. 260 was agreed to.
The following bills of the House were taken up for the purpose of considering the Senate substitute and amendments thereto:
By Messrs. Lewis of Burke and Jones of JenkinsHouse Bill No. 117. A bill to be entitled an Act providing for
and authorizing the Director of Wild Life to make necessary rules and regulations providing for the control and conduct of the fish industry, and for other purposes.
The following Senate substitute to House Bill No. 117 was read:
By the SenateCommittee Substitute for House Bill No. 117. The Committee of the Senate on Game and Fish recommends
the following be substituted for House Bill No. 117: A bill to be entitled an Act to repeal an Act approved March
31, 1937, Georgia Laws, 1937, pages 671-674, and entitled

1732

JouRNAL OF THE HousE,

"A bill to be entitled an Act to repeal an Act approved March 31, 1937, Georgia Laws, 1937, pages 671 to 674, entitled "An Act to provide for and to authorize the Director of Wild Life to make necessary rules and regulations to properly control and conduct the fish, shell fish, oyster, and sea food industries of this State; to provide a tax on wholesale dealers; to provide inspection and sanitation on all fish, shell fish, oysters, and sea foods; to regulate and define the different channels of marketing fish, shell fish, oysters, and sea food in this State; to provide that nothing in this Act shall be construed to apply to or include canned food; and for other purposes," and in lieu thereof to enact laws authorizing the Commissioner of Agriculture to promulgate rules and regulations in reference to the sanitation, distribution and transportation of fish and sea foods; to provide an annual license for Wholesale Fish Dealers; to fix the duty of administering the law contained herein upon the Commissioner of Agriculture; to allocate the fees collected under this Act to the Department of Agriculture; to provide a penalty for violation of this Act; and for other purposes.
Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same:
Section 1. That a certain Act approved March 31, 1937, entitled ''An Act to provide for and to authorize the Director of Wild Life to make necessary rules and regulations to properly control and conduct the fish, shell fish, oyster, and sea food industries of this State; to provide a tax on wholesale dealers; to provide inspection and sanitation on all fish, shell fish, oysters, and sea foods; to regulate and define the different channels of marketing fish, shell fish, oysters, and sea food in this State; to provide that nothing in this Act shall be construed to apply to or include canned food; and for other purposes," be and the same is hereby repealed.
Sec. 2. That in lieu of the repealed act the following be enacted by the General Assembly of the State of Georgia:
Sec. 3. Be it enacted by the General Assembly of the State of Georgia that from and after the passage and approval of this Act it shall be the duty of the Commissioner of Agriculture of the State of Georgia to administer this Act. It may be adminis-

FRIDAY, FEBRUARY 11, 1938.

1733

tered by him in connection with the administration of the Food and Drug Acts of the State.
Sec. 4. Unless the context clearly discloses a different meaning the following words and phrases as used in this Act shall have the following meanings:
(a) "A wholesale fish dealer" shall be held to mean and include any person, firm, association of persons or corporation who buys and sells fish or sea food of any kind to a retail dealer, a wholesale dealer, hotels, restaurants, and/or other public eating places of any kind or nature whatsoever.
(b) "A non-resident of the State of Georgia" shall be held to mean and include a person who has not maintained a continuous residence in the State of Georgia for one year and actually resided therein for six months next preceding the time when he makes application for a license.
(c) "A resident of th~ State of Georgia" shall be held to mean and include a person who has maintained a continuous residence in the State of Georgia for one year and has actually resided therein for six months next preceding the time when he makes application for a license and in case of a corporation shall have been organized under the laws of the State of Georgia, and a majority of the stockholders shall be residents of Georgia, or shall have become domesticated and qualified in case of a foreign corporation with the Secretary of State to do business in this State six months before making application for license.
(d) "Sea food" shall be held to mean and include all fresh or frozen fish, all shell fish, such as shrimp, oysters, clams, scallops, lobsters, crawfish, and other edible products of the waters wheresoever located.
Sec. 5. No person, firm, association of persons or corporation shall be authorized or permitted to engage in the business of wholesale fish dealer in the State of Georgia without first having paid to the Commissioner of Agriculture of the State of Georgia the annual license fees hereinafter set out and having procured a license from the Commissioner of Agriculture authorizing such person to engage in the business of wholesale fish dealer. The

1734

JouRNAL OF THE HousE,

annual license fee applicable to and required of said wholesale dealers shall be as follows:
(a) The annual license fee for each non-resident or alien wholesale fish dealer shall be the sum of $500.00.
(b) Each and every resident wholesale fish dealer shall be required to pay an annual license tax of $50.00.
Sec. 6. Each and every person desiring to engage in the business of wholesale fish dealer in the State of Georgia shall annually on or before the first day of January in each and every year make application to the Commissioner of Agriculture of the State of Georgia for a license in which such applicant shall state his name, his post office address, the nature of business in which he desires to engage, and the place at which he proposes to conduct his business. Such applicant shall also furnish to the Commissioner such other and additional information as said Commissioner may require. When such information is furnished the Commissioner of Agriculture shall advise the applicant the amount of the license tax required of such applicant, and when said annual license tax is paid the Commissioner of Agriculture shall issue to such applicant a license which shall particularly state the nature of the business which the applicant thereunder is authorized to conduct in this State and the place or places from which it may be conducted. The annual license fee shall be payable within 30 days after the passage and approval of this Act, and on or before January 1st of each and every year thereafter. Provided, however, that whenever an application is submitted after July 1st of any year the annual license fee for the remaining portion of such year shall be one-half of the annual license fee hereinabove specified.
Sec. 7. The Commissioner of Agriculture shall be authorized to regulate and prescribe rules and regulations with respect to the proper method of sanitation, distribution and transportation of all fish and sea foods in this State and as well all fish and sea food transported from all other States. To this end said Commissioner shall require that all fish and sea foods transported into and in and through the State of Georgia shall be in refrigerated cars or by refrigerated trucks with insulated bodies or in containers disconnected from the body of the truck or by express or in boxes

FRIDAY, FEBRUARY 11, 1938.

1735

or other containers adequately iced. When fish and sea foods are so transported from this State by truck they shall be so equipped with inclosed insulated bodies or containers disconnected from the body of the truck with proper refrigeration to carry the fish and sea food in good condition with fifty per cent weight of ice to weight of fish or sea foods.
Sec. 8. The Commissioner of Agriculture shall be authorized to require each wholesale fish dealer having a fixed place of business to provide suitable equipment and sanitation to handle and care for fish and sea foods in a sanitary manner; and that each wholesale dealer having a fixed place of business shall have in his place of business refrigerated or insulated box or cooler in which a degree of not higher than 40 degrees temperature shall be maintained and that his place of business shall have proper drainage and sewerage for the care of waste in the proper dressing or processing of fish and sea foods.
Sec. 9. That no person shall be permitted as a traveling fish dealer to conduct a business in the State of Georgia unless he is, or they are, so equipped with refrigerated and insulated containers and unless his vehicle is or their vehicles are so equipped with proper refrigeration or insulation as to provide adequate safeguards against the sale of unsanitary products, and no fish or sea foods can be sold by traveling wholesale fish dealers unless in original packages and from insulated and refrigerated bodies.
Sec. 10. It shall be the duty of the Commissioner of Agriculture to provide the proper and necessary inspection of all fish and sea foods sold or distributed in this State or transported into this State from other States.
Sec. 11. All revenues obtained from the annual license fees exacted or required to be paid by and under the terms of this Act shall be allocated to the Department of Agriculture for the purpose of administering this Act_
Sec. 12. Any person violating any provision or section of this Act or any valid rule or regulation promulgated by the Commissioner of Agriculture pursuant to the terms hereof shall be deemed guilty of a misdemeanor and upon conviction shall be punished by imprisonment for not less than thirty days nor more

1736

JOURNAL OF THE HoUSE,

than six months or by a fine of not less than $50.00 nor more than $500.00, or by both fine and imprisonment in the discretion of the Court.
Sec. 13. If any section, provision or clause of this Act shall be declared void or unconstitutional, or if this Act as applied to any particular fact or circumstance shall be declared invalid or unconstitutional, such invalidity shall be not construed to affect the parts, clauses and provisions of this Act not so held to be invalid, or the application of this Act to other facts or circumstances not so held to be invalid.
Sec. 14. The license of any wholesale fish dealer is subject to revocation by the Commissioner of Agriculture for violation of any law, rule or regulation pertaining to the sale or distribution of sea foods or fish.
Sec. 15. This Act shall take effect on the passage and aPproval hereof.
Sec. 16. All laws and parts of laws in conflict with this Act be and the same are hereby repealed.
The following Senate amendments to the Senate substitute to House Bill No. 117 were read:
By the Senate-
By Senator Harrison of the 17th District-
To amend by striking all of Paragraph (d) of Section 4, and substituting in lieu thereof the following:
"(d)" Sea food shall be held to mean and include all fresh or frozen fish, and all fresh or frozen shell fish, such as shrimp, oysters, clams, scallops, lobsters, crawfish, and other similar fresh or frozen edible products of the water whatsoever. However, nothing in this Act shall apply to any canned or salted sea food.
By Senators Atwood of the 2nd District and Atkinson of the 1st District-
To amend:
1st. By striking the words "buy and" from the 5th line of subsection (a) of Section 4.

FRIDAY, FEBRUARY 11, 1938.

1737

2nd. By adding a subsection to Section 5, to be known as subsection (c) as follows, to-wit:
"(c). A resident who catches or produces the fish and other sea food he sells shall not be required to pay the license fee provided in subsection (b) above."
By Senators Atwood of the 2nd District, Atkinson of the 1st District, and Harrell of the 12th District-
To amend Section 7 by striking from line 6 after the words "said Commissioner" the word "shall" and inserting in lieu thereof the word "may."
By Senator Harrell of the 12th District-
To amend by adding the following proviso at the end of Section 5, as follows:
"Provided, however, that no rolling store tax shall be required of any wholesale dealer of fish as defined in this Act who sells no articles other than sea foods."
By Senators Atwood of the 2nd District, Atkinson of the 1st District, and Harrell of the 12th District-
To amend by striking all the words in the 6th and 7th lines of Section 9, after the word "products."
By Senator Harrell of the 12th District-
To amend by striking from Section 5, line 12 the figures "$50.00" and inserting in lieu thereof the figures "$10.00."
Mr. Lewis of Burke moved that the House agree to the Senate substitute and amendments to House Bill No. 117.
Mr. Kirbo of Decatur moved that the bill be tabled.
On the motion to table the bill, the ayes were 56, the nays 60, and the motion was lost.
On the motion to agree to the Senate substitute and amendments to House Bill No. 117, Mr. Edwards of Thomas moved the previous question, the call was sustained, and the main question was ordered.

1738

JouRNAL OF THE HousE,

On the motion to agree to the Senate substitute and amendments to House Bill No. 117, the ayes were 113, the nays 11.
The Senate substitute and amendments to House Bill No. 117 were agreed to.
By Mr. Musgrove of Clinch-
House Bill No. 382. A bill to be entitled an Act to propose to the qualified voters of Georgia an amendment to the Constitution of Georgia, so as to authorize the City of Homerville) Clinch County, and for other purposes.
The following Senate substitute to House Bill No. 382 was read:
By the Senate-
An Act to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize the City of Homerville to incur a bonded indebtedness in addition to that heretofore authorized by the Constitution and laws of Georgia for the purpose of refunding and retiring its existing bonded indebtedness due and unpaid up to and including January 1, 1939; to provide that the funds raised from such additional bonded indebtedness shall be used exclusively for the retirement of said bonded indebtedness that is or may become due and unpaid as of January 1, 1939; to provide for the submission of the amendment for ratification by the people; and for other purposes.
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding at the end thereof a new paragraph in the following words, ta-wit:
"And except that the City of Homerville may issue refunding serial bonds not in excess of the aggregate sum of Fourteen Thousand Four Hundred Dollars ($14,400.00) for the purpose of refunding and retiring any bonded indebtedness of said city outstanding, past due and unpaid up to and including January

FRIDAY, FEBRUARY 11, 1938.

1739

1, 1939, and providing for the assessment and collection of an annual tax, sufficient in amount to pay the principal and interest of said bonds as they fall due; the proceeds of all such refunding bonds so issued by the City of Homerville to be used exclusively for the purpose of paying and retiring said bonded indebtedness that is or may become due and unpaid as of January 1, 1939. Said refunding bonds shall be issued when authorized by a vote of the mayor and City Council and shall be validated as provided by law."
Sec. 2. Be it further enacted by the authority aforesaid, that when said amendment shall be agreed to by two-thirds vote of the members of each House, with the "ayes" and "nays" thereon, and published in one or more newspapers in each Congressional District in this State for two months previous to the time for holding the next general election, at which proposed amendments to the Constitution of this State may be voted on, and shall at said general election be submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, "For ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the City of Homerville to issue refunding bonds," and all persons opposed to the adopting of said amendment shall have written or printed on their ballots the words, "Against ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the City of Homerville to issue refunding bonds." And if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall be consolidated as now required by law in election for members of the General Assembly, the said amendments shall become a part of Article 7, Section 7, -Paragraph 1, of the Constitution of the State, and the Governor shall make a proclamation therefor, as provided by law.
Sec. 3. All laws and parts of laws in conflict herewith are hereby repealed.
On the question of agreeing to the Senate substitute to House Bill No. 382, the ayes were 113, the nays 0.
The Senate substitute to House Bill No. 382 was agreed to.

1740

JouRNAL OF THE HousE,

Under the order of business e!_>tablished by the Committee on Rules, the following bill of the Senate was taken up for consideration and read the third time:
By Senator Hardman of the 33rd District-
Senate Bill No. 58. A bill to be entitled an Act to authorize the Purchasing Department to purchase all tax stamps, etc., and for other purposes.
The following committee amendment to Senate Bill No. 58 was read and adopted:
The committee offer to amend Senate Bill No. 58 by adding to Section No. 2 the following:
"That the tax stamps, fertilizer tax tags, or other stamps, tags or paraphernalia described in this Act and purchased by the State Purchasing Department shall be paid for by the Department for whose use they are purchased."
Mr. Harrell of Brooks moved the previous question, the call was sustained, and the main question was ordered.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, as amended, the ayes were 112, the nays 2.
The bill having received the requisite constitutional majority was passed, as amended.
Mr. Smith of Muscogee moved that the House do now adjourn until 10:00 o'clock Monday morning, February 14th, 1938.
On the motion, the ayes were 41, the nays 96, and the motion was lost.
Mr. Harrell of Brooks moved that the following resolution of the Senate be taken from the table:
By Senators Terrell of the 19th District and Whitehead of the 30th District-
Senate Resolution No. 65. A resolution providing for a sine die adjournment of the General Assembly at twelve o'clock midnight, Central Standard Time, February 12, 1938.

FRIDAY, FEBRUARY 11, 1938.

1741

On the motion, the ayes were 39, the nays 64, and the motion was lost.
Under the order of business established bv the Committee on Rules, the following bills of the Senate were t~ken up for consideration and read the third time:
By Senator Lindsay of the 34th District-
Senate Bill No. 35. A bill to be entitled an Act to restrict employment of aliens by the State, and for other purposes.
Mr. Hand of Mitchell moved that the House do now adjourn until 9:30 o'clock tomorrow morning.
On the motion to adjourn until 9:30 o'clock tomorrow morning, the ayes were 36, the nays 72, and the motion was lost.
Mr. Welsch of Cobb moved the previous question, the call was sustained, and the main question was ordered.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Senator Pope of the 7th District-
Senate Bill No. 91. A bill to be entitled an Act to amend the Income Tax Laws, and for other purposes.
Mr. Key of Jasper moved the previous question, the call was sustained, and the main question was ordered.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, the nays 13.
The bill having received the requisite constitutional majority was passed.
Messrs. Jones of Brantley and Brown of Peach requested the Journal to show that they cast their votes against the passage of the bill.

1742

JouRNAL OF THE HousE,

Mr. Moore of Haralson moved that the House do now adjourn until 10:00 o'clock Monday morning, February 14th, 1938, and the motion was lost.

By Senator Patten of the 6th District-

Senate Bill No. 45. A bill to be entitled an Act to confer certain powers on Superior Courts in regard to permanent alimony, and for other purposes.

Mr. Evans of McDuffie moved that the bill be indefinitely postponed, and the motion was lost.

Mr. Key of Jasper moved the previous question, the call was sustained, and the main question was ordered.

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

On the passage of the bill, Mr. Parker of Colquitt 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 Allison Barlow Batchelor Beck Bennett Bond Brewton Campbell Candler Clark Cochran Cohen Coleman Corbett Coxon Croker Dampier Daves Davis Deal Drake

Dugas Edwards Elliott Ennis Etheridge Flanders Fowler Freeman Gammage Grayson Gross Groover Hamby Hand Harrell of Brooks Hastings Hayes Hollis Holt Home Houze Johnson

Jones of Bartow Jones of Elbert Jones of Jenkins Key Larsen Mankin Marshall McCracken McCravey McGraw Milam Moore of Baldwin Moore of Taliaferro Morgan Parker Preston of Bulloch Ragan Reid of Carroll Sabados Sams Sanders Simmons

FRIDAY, FEBRUARY 11, 1938.

1743

Str.iplin Sutton Swindle Tate Taunton

Trapnell Ware Warnell Warnock

Whipple Williams of Bacon Yeomans Zellner

Those voting in the negative were Messrs.:

Ansley Barnard Booth Bridges Brooks of Jackson Brown of Peach Daughtry DeFoor Drinkard Dukes Dunn Evans Ferguson Field Fitts
Gary
Goff Grubbs GuYton Harden

Harrell of Irwin Harris Harrison Hendrix Herndon Herrin Hill of Clarke Houston Jackson Jones of Brantley Kirbo Lewallen Lewis Manry Mavity McGehee Middleton Moore of Lumpkin Newby Perry

Pilcher Pirkle Pound Preston of Walton Rowland Sapp Sartain Scruggs Tapp Todd Trippe Vickery Watkins Weaver Welsch Whaley Whitaker Williams of Jones Wilson

Those not voting were Messrs.:

Almand

Douglass

Bargeron

Durden

Barrett

Ellington

Blease

Erwin

Bradley

Gavin

Brooks of Oglethorpe Hampton

Brown of Greene

Hart

Carmichael of Cobb

Harvey

Carmichael of Randolph Hill of Screven

Chappell

Hodges

Clary

Hogg

Claxton

Joel

Clements

Jones of Dodge

Cogdell

Keel

Culpepper of Fayette Kendrick

Culpepper of Mitchell Lanham

Dean

Lanier

Dollar

Leonard

Martin McNall Miller Moore of Haralson Morris Moss Mundy Musgrove Newton Oden Palmour Patten Peebles Peters Phillips Rawlins Rees Reid of Wilcox

1744

JouRNAL oF THE HousE,

Rountree Salter Saunders Smith of Dodge Smith of Henry

Smith of Muscogee Spence Thomas Turner

Wall Wages Walton Mr. Speaker

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

On the passage of the bill, the ayes were 79, the nays 59.
The bill having failed to receive the requisite constitutional majority was lost.

Mr. Coleman of Lowndes gave notice that at the proper time he would move that the House reconsider its action in failing to pass Senate Bill No. 45.

By Senator Jackson of the 14th District-

Senate Bill No. 139. A bill to be entitled an Act to change the method of compensating the Ordinary in counties of a certain population, and for other purposes.

The following committee substitute to Senate Bill No. 139 was read and adopted:

A BILL

To be entitled an Act to change the method of compensating the Ordinary in all counties in this State having a population of 9,130, or more, inhabitants, and less than 9,140 inhabitants according to the United States census of 1930, or any future census; to provide that the Ordinaries of such counties be paid a salary; to provide that all fees now or which may hereafter be fixed by law for such officers shall become the funds of the counties, and that an accounting for same shall be made by such officers to said county fiscal agents; to provide for the payment of such salaries out of county funds; to regulate the method of accounting between the Ordinaries and the county fiscal agents; and for other purposes.
Be it enacted by the General Assembly of the State of Georgia:
Section 1. That this Act shall apply to all counties in the State of Georgia having a population by the United States census

FRIDAY, FEBRUARY 11, 1938.

1745

of 1930, or any future census of the United States, of 9,130, or more, inhabitants, and less than 9,140 inhabitants.
Sec. 2. That, from and after the effective date of this Act, in all counties coming within the terms of Section 1 of this Act, the Ordinary of each of said counties shall be paid out of the county funds by the disbursing officer of said county an annual salary of Fifteen Hundred ($1500.00) Dollars, to be paid monthly in equal installments of $125.00, at the end of each month, in lieu of all costs, fees, percentages, forfeitures, penalties, allowances, and all other perquisites of whatever kind, coming to him under the law as Ordinary, Judge of the Court of Ordinary, Clerk of the Court of Ordinary, or in any other capacity by virtue of his office as Ordinary.
Sec. 3. That all such costs, fees, percentages, forfeitures, penalties, allowances, and perquisites, as set out in Section 2 hereof, which are now or may hereafter by law be allowed, to such Ordinaries to be received or collected, shall be and become the funds of the counties, and shall be received and collected by the Ordinary within this Act, for the benefit of and in trust for the county in which they are collected, and shall be held as public monies belonging to the county in which collected. At the end of each month, all such funds shall be paid into the county funds, and an itemized statement thereof shall be made, under oath, to County Treasurer, or other officer, or body, or Revenue Commissioner, charged with handling of county funds, which said officer shall keep on file, for the regular audit of county funds.
Sec. 4. The Ordinaries of said counties shall keep a book in the office of Ordinary in which shall be entered daily all receipts of money belonging to the county, which book shall be at all times subject to examination by the county officer in charge of the finances of the county, or his duly authorized agent. The itemized monthly statements of the Ordinary shall show from what source each item of funds has been received. Each Ordinary shall be charged with, and shall be responsible for the collection of all such funds, and his statement shall contain a statement of all such fees, costs, and other items as set out in Section 2 hereof, which may have become due, and which may not have been col-

1746

JouRNAL oF THE HousE,

lected by him, with his reasons for the failure to make collection.
Sec. 5. That this Act shall become operative and effective as of the first day of July, 1938.
Sec. 6. That all laws and parts of laws in conflict herewith be and the same are hereby repealed.
The report of the committee, which was favorable to the passage of the bill, by substitute, was agreed to.
On the passage of the bill, by substitute, the ayes were 117, the nays 0.
The bill having received the requisite constitutional majority was passed, by substitute.
Mr. Sutton of Wilkes moved that the House do now adjourn until 9:30 o'clock tomorrow morning.
Mr. Moore of Haralson moved that the House do now adjourn until 10:00 o'clock Monday morning, February 14, 1938.
Mr. Milam of Spalding moved that the House do now adjourn, and the motion was lost.
The motion to adjourn until Monday, February 14, was lost.
The motion to adjourn until 9:30 o'clock tomorrow morning prevailed.
The Speaker ~nnounced the House adjourned until 9:30 o'clock tomorrow mormng.

SATURDAY, FEBRUARY 12, 1938.

1747

REPRESENTATIVE HALL, ATLANTA, GA.,

SATURDAY, FEBRUARY 12, 1938.

The House met, pursuant to adjournment, this day at 9:30 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

Croker

Allison

Culpepper of Fayette

Almand

Culpepper of Mitchell

Ansley

Dampier

Bargeron

Daughtry

Barlow

Daves

Barnard

Davis

Barrett

Deal

Batchelor

Dean

Beck

DeFoor

Bennett

Dollar

Blease

Douglass

Bond

Drake

Booth

Drinkard

Bradley

Dugas

Brewton

Dukes

Bridges

Dunn

Brooks of Jackson

Durden

Brooks of Oglethorpe Edwards

Brown of Greene

Ellington

Brown of Peach

Elliott

Campbell

Ennis

Candler

Erwin

Carmichael of Cobb

Evans

Carmichael of Randolph Ferguson

Chappell

Field

Clark

Fitts

Clary

Flanders

Claxton

Fowler

Clements

Freeman

Cochran

Gamm~ge

Cohen

Gary

Coleman

Gavin

Corbett

Goff

Coxon

Grayson

Gross Groover Grubbs GUYton Hamby Hampton Hand Harden Harrell of Brooks Harrell of Irwin Harris Harrison Hart Harvey Hastings Hayes Hendrix Herndon Herrin Hill of Clarke Hodges Hogg Hollis Horne Houston Houze Jackson Joel Johnson Jones of Bartow Jones of Brantley Jones of Dodge Jones of Elbert Jones of Jenkins Keel

1748

JouRNAL OF THE HousE,

Kendrick -Key
Kirbo Lanham Lanier Larsen Leonard Lewallen Lewis Mankin Manry
Marshall Martin Mavity McCracken McCravey McGehee McGraw McNall Middleton
Mil~
Miller Moore of Baldwin Moore of Haralson Moore of Lumpkin Moore of Taliaferro Morgan Morris Mundy Musgrove Newby

Newton Oden Palmour Parker Patten Perry Peters Phillips Pilcher Pirkle Pound Preston of Bulloch Preston of Walton Ragan Rawlins Rees Reid of Carroll Rountree Rowland Sabados Salter Sams Sanders Sapp Sartain Saunders Scruggs Simmons Smith of Dodge Smith of Henry

Smith of Muscogee Striplin Sutton Swindle Tapp Tate Taunton Todd Thomas Trapnell Trippe Turner Vickery Wall Walton Ware Warnell Warnock Watkins Weaver Welsch Whaley Whipple Whitaker Williams of Bacon Williams of Jones Wilson Yeomans Zellner Mr. Speaker

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

Mr. Speaker:
The Senate has agreed to the House amendments to the following bills of the Senate, to-wit:

By Senators Purdom of the 46th District, Atkinson of the 1st District, and Lindsay of the 34th District-

Senate Bill No. 79. A bill repealing Code Section 77-503 and amending Code Section 77-504, with reference to the application for parole, and for other purposes.

SATURDAY, FEBRUARY 12, 1938.

1749

By Senator Hardman of the 33rd District-
Senate Bill No. 58. A bill authorizing the State Purchasing Department to purchase all cigarette tax stamps, fertilizer tax tags and all other stamps of a tax nature, and for other purposes.
The Senate has appointed as a second Committee of Conference on the part of the Senate to confer with a like committee on the part of the House on House Bill No. 161 known as the Rolling Store Tax:
Senators Peterson of the 15th District,
Shedd of the 3rd District, and
Fowler of the 39th District.
The Senate has receded from its amendments to the following bill of the House, to-wit:
By Messrs. Smith, Elliott, and Leonard of Muscogee-
House Bill No. 126. A bill providing for reciprocal agreements with other States as to privileges of operating motor vehicles over the highways of this State, 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, as amended, of .the House, to-wit:
By Messrs. Perry and Houston of Worth, Sabados of Dougherty, and Bradley of Tattnall-
House Resolution No. 186. A resolution extending the time limit for the purchase of automobile tags from February 15, 1938 to March 15, 1938, 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, as amended, of the House, to-wit:

1750

JouRNAL OF THE HousE,

By Messrs. Deal of Bulloch, Bennett of Ware, and Coleman of Lowndes-
House Bill No. 506. A bill amending the General Tax Act to provide for a tax on auctioneers for the sale of certain products and commodi ties, 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, as amended, of the House, to-wit:
By Mr. Reid of Wilcox-
House Bill No. 511. A bill to amend an Act creating a Board of Commissioners of Roads and Revenues in and for Wilcox County, and for other purposes.
Mr. Dampier of Laurens, Vice-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. Reports of standing committees.
2. Second reading of bills and resolutions, favorably reported.
3. Third reading and passage of local uncontested Senate bills and resolutions.
Mr. Pound of Hancock 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 of the House and have instructed

SATURDAY, FEBRUARY 12, 1938.

1751

me, as Chairman, to report the same back to the House with the following recommendations:
House Bill No. 565. Do pass. House Bill No. 566. Do pass.
Respectfully submitted, PouND of Hancock, Chairman.
Mr. Sartain of Walker County, Chairman of the Committee on Engrossing, submitted the following report:
Mr. Speaker: Your Committee on Engrossing has examined, found properly
engrossed, and ready for transmission to the Senate, the following bill and resolutions of the House, ta-wit:
House Bill No. 540.
House Resolutions Nos. 184, 185, 188, 189, 190, 178-562a.
Respectfully submitted,
SARTAIN of Walker, Chairman.
Mr. Groover of Troup County, Chairman of the Committee on Enrolling, submitted the following report:
Mr. Speaker:
Your Committee on Enrolling has examined, found properly enrolled, and ready for transmission to the Governor, the following bills and resolutions of the House, ta-wit:
House Bills Nos. 170, 126, 208, 161, 188, 260, 492, 508, 518, 520, 536, 537' 545, 547' 550, 553, 555, 556, 558, 559, 423, 117' 382, 396, 495, 506, 530, 540, 190, 204, 242, 450, 511, 451.
House Resolutions Nos. 189, 50-244a, 146-517a, 165-544a, 184, 185, 187, 190, 32-128e, 178-562a, 186, 153.
Respectfully submitted,
GRoovER of Troup, Chairman.

1752

JouRNAL oF THE HousE,

By unanimous consent, the following bills of the House, favorably reported, were read the second time:
By Mr. Carmichael of Cobb-
House Bill No. 565. A bill to be entitled an Act to amend the Highway Mileage Act by adding mileage to the State Aid System of Roads, and for other purposes.
By Mr. Williams of Jones-
House Bill No. 566. A bill to be entitled an Act to amend the Highway Mileage Act by adding mileage to the State Aid System of Roads, and for other purposes.
Mr. Coleman of Lowndes moved that the House reconsider its action in failing to pass the following bill of the Senate, to-wit:
By Senator Patten of the 6th District-
Senate Bill No. 45. A bill to be entitled an Act to confer certain powers on Superior Courts in regard to permanent alimony, and for other purposes.
Mr. Sabados of Dougherty moved the previous question, the call was sustained, and the main question was ordered.
On the motion to reconsider, the ayes were 49, the nays 57, and the motion was lost.
Mrs. Mankin of Fulton arose to a question of personal privilege and addressed the House.
The following resolution was taken up for the purpose of considering the Senate amendment thereto:
By Messrs. Perry and Houston of Worth, Sabados of Dougherty, and Bradley of Tattnall-
House Resolution No. 186. A resolution extending the time limit for the purchase of automobile tags from February 15, 1938 to March 15, 1938, and for other purposes.
The following Senate amendment to House Resolution No. 186 was read:
By the Senate-
Senator Sutton of the 47th District moves to amend House

SATURDAY, FEBRUARY 12, 1938.

1753

Resolution No. 186 so as to make the effective date April 1 instead of March 15.
Mr. Sabados of Dougherty moved that the House agree to the Senate amendment to House Resolution No. 186.
Mr. Turner of DeKalb moved that the House disagree to the Senate amendment to House Resolution No. 186.
The motion to agree to the Senate amendment to House Resolution No. 186 was lost, and the Senate amendment was disagreed to.
Under the order of business established by the Committee on Rules, the following resolution and bill of the Senate were taken up for consideration and read the third time:
By Senator Shedd of the 3rd District-
Senate Resolution No. 67.

A RESOLUTION
Proposing to the qualified voters of the State of Georgia an amendment to the Constitution of the State of Georgia authorizing the Board of Education of the County of Brantley to levy a school tax not exceeding five mills, in addition to the five mills now authorized by law; also authorizing the County Board of Education to levy sufficient tax millage to pay interest and provide sinking fund for school bonds voted by school districts of Brantley County; to provide that Brantley County shall constitute one school district under the supervision and control of the County Board of Education; to abolish existing school district lines in Brantley County; to authorize the Brantley County Board of Education to appoint school trustees; to provide county-wide election for making amendment mandatory; and for other purposes.
Be it resolved by the General Assembly of the State of Georgia:
Section 1. That Article 8, Section 4, Paragraph 1 of the Constitution of Georgia, as heretofore amended, shall be further amended by adding at the end thereof a new subparagraph as follows, to-wit:

1754

JouRNAL OF THE HousE,

"The Board of Education of Brantley County is hereby authorized to recommend to the tax levying authorities and said authorities authorized and directed, upon such recommendation, to levy for educational purposes a tax not exceeding five mills on all property in said county, said tax to be in addition to the five mills school tax now authorized by law.
"The tax-levying authorities of Brantley County, upon the recommendation of the Brantley County Board of Education, shall levy a sufficient rate of taxation on all property in Brantley County to pay the interest and provide sufficient amount of sinking fund to retire school bonds now outstanding or hereafter issued in accordance with the law governing same in Brantley County, whether said bonds were or shall be voted by the county as a whole or by school districts.
"All territory within the County of Brantley shall constitute one school district under the supervision and control of the County Board of Education; school districts as now established or as may be established by authority of the law contained in Section 32-1101, Georgia Code, 1933, are abolished.
"The Board of Education of Brantley County shall have authority to appoint trustees for any or all of the several public schools in Brantley County, the number of trustees and the length of term to be in the discretion of said County Board of Education.
"Upon the ratification of this amendment, it shall be the duty of the Ordinary of Brantley County to call an election to determine whether or not the provisions of this constitutional amendment shall become operative in Brantley County and mandatory upon the officers herein named to exercise the powers herein granted. Said election shall be held under the general laws governing special elections in this State, except as herein provided. Notice of said election shall be published by the Ordinary in the official county organ once a week for four consecutive weeks before said election is held. All persons voting at said election in favor of making the provisions of this amendment mandatory upon said officers shall have written or printed on their ballots the words: "For establishing in Brantley County a county unit school system" and all persons opposed thereto

SATURDAY, FEBRUARY 12, 1938.

1755

shall have written or printed on their ballots the words: "Against establishing in Brantley County a county unit school system." The returns of said election shall be made to said Ordinary and the result declared by him. If a majority of the qualified voters of Brantley County voting in said election shall vote in favor of making this amendment operative in Brantley County and requiring the officers herein named to exercise the powers herein granted, as expressed by their votes "For establishing in Brantley County a county unit school system," the provisions of this amendment shall become operative in Brantley County when said result is declared by the Ordinary, and it shall become mandatory upon the officers herein named to exercise the powers granted under this amendment."

Sec. 2. Whenever this proposed amendment shall be agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly, and the same shall have been entered on their journals, with the ayes and nays taken thereon, the Governor is hereby authorized and directed to cause said amendment to be published in at least one newspaper in each Congressional District in this State for the period of two months previous to the time of holding the next general election to be held on Tuesday after the first Monday in November, 1938. The ballots to be used in said election shall have written or printed thereon the words: "For amendment to Article 8, Section 4, Paragraph 1 of the Constitution creating in Brantley County a county unit school system" and "Against amendment to Article 8, Section 4, Paragraph 1 of the Constitution creating in Brantley County a county unit school system." All persons voting in said election in favor of adopting said proposed amendment shall have written or printed on their ballots the words: "For establishing in Brantley County a county unit school system." All persons opposed to the amendment shall have written or printed on their ballots the words: "Against establishing in Brantley County a county unit school system." Should a majority of the electors qualified to vote for members of the General Assembly voting thereon vote "For establishing in Brantley County a county unit school system," the returns of said election shall be consolidated as now required by law in elections for members of the General Assembly, and it shall be the duty of the Secretary

1756

JouRNAL oF THE HousE,

of State to certify the results of the vote on this amendment to the Governor, and such vote is so certified, and it shall appear that a majority of the qualified voters voting in said election voted in favor of said amendment, then the Governor shall issue his proclamation declaring that said amendment was ratified, and the same shall become a part of Article 8, Section 4, Paragraph 1 of the Constitution.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams

Dollar

Allison

Douglass

Almand

Drake

Barlow

Drinkard

Barnard

Dukes

Barrett

Dunn

Batchelor

Edwards

Beck

Ennis

Bennett

Erwin

Blease

Etheridge

BradleY

Evans

Brewton

Ferguson

Bridges

Fitts

Brooks of .Jackson

Flanders

Brown of Greene

Fowler

Brown of Peach

Freeman

Carmichael of Cobb

Gammage

Carmichael of Randolph Goff

Clark

Grayson

Clary

Gross

Claxton

Groover

Clements

GUYton

Cohen

Hamby

Coleman

Hampton

Coxon

Harden

Croker

Harrell of Brooks

DaughtrY

Harrell of Irwin

Daves

Harris

Davis

Harrison

Deal

Harvey

DeFoor

Hastings

Hayes Herndon Herrin Hogg Hollis Houze .Joel .Johnson .Jones of Bartow .Jones of Brantley
i ones of Dodge
.Jones of Elbert .Jones of .Jenkins Kendrick Kirbo Lanham Lanier Leonard Lewallen Lewis Mankin Manry
Marshall Martin Mavity McCravey McGraw Milam Moore of Baldwin Moore of Haralson Moore of Lumpkin

SATURDAY, FEBRUARY 12, 1938.

1757

Moore of Taliaferro Morgan Morris Mundy Musgrove Newby Newton Oden Palmour Parker Perry Pilcher Pirkle Pound Preston of Bulloch Ragan Rawlins

Rees Reid of Carroll Rowland Sabados Sams Sapp Sartain Scruggs Simmons Smith of Dodge Smith of HenrY Striplin Sutton Swindle Tapp Tate Todd

Trippe Turner VickerY Wall Walton Ware Warnell Weaver Welsch Whaley Whipple Whitaker Williams of jones Wilson Yeomans Zellner

Those not voting were Messrs.:

Ansley Bargeron Bond Booth Brooks of Oglethorpe Campbell Candler Chappell Cochran Cogdell Corbett Culpepper of Fayette Culpepper of Mitchell Dampier Dean Dugas Durden Ellington Elliott Field
Gary

Gavin Grubbs Hand Hart Hendrix Hill of Clarke Hill of Screven Hodges Holt Home Houston Jackson Keel Key
Larsen McCracken McGehee McNall Middleton Miller Moss

Patten Peebles Peters Phillips Preston of Walton Reid of Wilcox Rountree Salter Sanders Saunders Smith of Muscogee Spence Taunton Thomas Trapnell Wages Warnock Watkins Williams of Bacon Mr. Speaker

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

On the adoption of the resolution, the ayes were 143, the nays 0.
The resolution having received the requisite two-thirds constitutional majority was adopted.

1758

JouRNAL OF THE HousE,

By Senator Williams of the 5th District-
Senate Bill No. 126.
A BILL
To be entitled an Act to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize the City of Homerville to incur a bonded indebtedness in addition to that heretofore authorized by the Constitution and laws of Georgia for the purpose of refunding and retiring its existing bonded indebtedness and interest thereon due and unpaid up to and including January 1, 1939; to provide that the funds raised from such additional bonded indebtedness shall be used exclusively for the retirement of said bonded indebtedness and interest thereon that is or may become due and unpaid as of January 1, 1939; to provide for the submission of the amendment for ratification by the people; and for other purposes.
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding at the end thereof a new paragraph in the following words, to-wit:
"And except that the City of Homerville may issue refunding serial bonds not in excess of the aggregate sum of $14,400.00 for the purpose of refunding and retiring any bonded indebtedness and interest thereon of said city outstanding, past due and unpaid up to and including January 1, 1939, and providing for the assessment and collection <;>f an annual tax, sufficient in amount to pay the principal and interest of said bonds as they fall due; the proceeds of all such refunding bonds so issued by the City of Homerville to be used exclusively for the purpose of paying and retiring said bonded indebtedness and interest thereon that is or may become due and unpaid as of January 1, 1939. Said refunding bonds shall be issued when authorized by a vote of the mayor and city council and shall be validated as provided by law."
Sec. 2. Be it further enacted by the authority aforesaid, that

SATURDAY, FEBRUARY 12, 1938.

1759

when said amendment shall be agreed to by two-thirds vote of the members of each House, with the "ayes" and "nays" thereon, and published in one or more newspapers in each Congressional District in this State for two months previous to the time for holding the next general election, at which proposed amendments to the Constitution of this State may be voted on, and shall at said general election be submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, "For ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the City of Homerville to issue refunding bonds," and all persons opposed to the adopting of said amendment shall have written or printed on their ballots the words, "Against ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the City of Homerville to issue refunding bonds." And if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall be consolidated as now required by law in election for members of the General Assembly, the said amendments shall become a part of Article 7, Section 7, Paragraph 1, of the Constitution of the State, and the Governor shall make a proclamation therefor, as provided by law.

Sec. 3. All laws and parts of laws in conflict herewith are hereby repealed.

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

On the passage of the bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Allison Almand Ansley Barlow Barnard Barrett Batchelor Blease

Bond

Clary

Bradley

Claxton

Brewton

Clements

Bridges

Cohen

Brooks of Jackson

Coleman

Brooks of Oglethorpe Croker

Brown of Peach

Daughtry

Carmichael of Cobb

Daves

Carmichael of Randolph Deal

1760

jOURNAL OF THE HousE,

DeFoor Douglass Drake Drinkard Dugas Dukes Dunn Edwards Elliott Ennis Erwin Etheridge Evans Ferguson Fitts Flanders Fowler Gammage
Goff Grayson Gross GrOOver GUYton Hamby Hampton Harden Harrell of Brooks Harrell of Irwin Harris Harrison Hart Hayes
Hemdon Herrin Hill of Clarke Hogg Hollis Home

Houston Houze Jackson Johnson Jones of Bartow Jones of Brantley Jones of Dodge Jones of Elbert J pnes of Jenkins Kendrick Kirbo Lanham Larsen Lewallen Lewis Mankin Marshall Martin Mavity McCracken McCravey McGraw McNall Moore of Baldwin Moore of Lumpkin Morgan Morris MundY Musgrove Newton Palmour Parker Perry Pilcher Pirkle Pound Preston of Bulloch

Those not voting were Messrs.:

Bargeron Beck Bennett Booth Brown of Greene Campbell Candler Chappell

Clark Cochran Cogdell Corbett Coxon Culpepper of Fayette Culpepper of Mitchell Dampier

Ragan Rawlins Rees Rowland Sabados Sams Sanders Sapp Sartain Scruggs Simmons Smith of Dodge Smith of HenrY Striplin Sutton Swindle Tapp Tate Todd Thomas Trapnell Trippe Turner Vickery Wall Walton Ware Warnock Watkins Welsch Whaley Whipple Whitaker Williams of Jones Wilson Yeomans Zellner
Davis Dean Dollar Durden Ellington Field Freeman
Gary

SATURDAY, FEBRUARY 12, 1938.

1761

Gavin Grubbs Hand Harvey Hastings Hendrix Hill of Screven Hodges Holt Joel Keel Key Lanier Leonard

Manry McGehee Middleton Milam Miller Moore of Haralson Moore of Taliaferro Moss NewbY Oden Patten Peebles Peters Phillips

Preston of Walton Reid of Carroll Reid of Wilcox Rountree Salter Saunders Smith of Muscogee Spence Taunton Wages Warnell Weaver Williams of Bacon Mr. Speaker

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

On the passage of the bill, the ayes were 139, the nays 0.

The bill having received the requisite two-thirds constitutional majority was passed.

The following report of the Committee of Conference on House Bill No. 204, known as the Uniform Warehouse Receipts Bill, was submitted and read:

Mr. President and Mr. Speaker:

We, your Conference Committee on House Bill No. 204, beg leave to report that we cannot agree and beg leave to be discharged from further duty hereon.

We respectfully suggest the immediate appointment of another Committee on Conference.
February 12, 1938.
Respectfully submitted,

PARKER of Colquitt,

BENNETT of Ware,

DRAKE of Seminole.

On the part of the House.

1762

JouRNAL or THE Hous,

TuRNER of the 35th District,
WHITEHEAD of the 30th District,
MoYE of the 11th District.
On the part of the Senate.
On the question of agreeing to the report of the Committee of Conference on House Bill No. 204, the ayes were 109, the nays 2.
The report of the Committee on Conference on House Bill No. 204 was agreed to.
The Speaker appointed as a second Committee of Conference on the part of the House to confer with a like committee to be appointed on the part of the Senate on House Bill No. 204, the following members of the House, to-wit:
Messrs. Parker of Colquitt,
Houston of Worth, and
Hogg of Marion.
Under the order of business established by the Committee on Rules, the following bills of the Senate were taken up for consideration and read the third time:
By Senator Pope of the 7th District-
Senate Bill No. 102. A bill to be entitled an Act to amend the Intangible Tax Act, and for other purposes.
Mr. Grayson of Chatham moved the previous question, the call was sustained, and the main question was ordered.
The following substitute to Senate Bill No. 102 was read:
A BILL
To be entitled an Act to amend an Act entitled "An Act to classify property for taxation; to levy taxes on certain classes of intangible property, .etc." enacted at the Extraordinary Session of the General Assembly of 1937-1938, approved December 27, 1937, by adding to Section 4 thereof a new subdivision, after subsection (b) to be known as subsection (c),

SATURDAY, FEBRUARY 12, 1938.

1763

providing banks may make returns and pay taxes for taxpayers; by adding to the Act.a new section to be known as Section 14 (a), providing that State chartered banks and savings and loan companies submitting to examination by the Superintendent of Banks shall be taxed as heretofore and not under the terms of the said Act; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. That the Act of the General Assembly of Georgia, enacted at the Extraordinary Session of 1937-1938 and approved December 27, 1937, entitled "An Act to classify property for taxation; to levy taxes on certain classes of intangible personal property; to provide that no taxes shall be levied on these particular classes of intangible personal property other than those levied by this Act; to provide for the return, ascertainment; assessment and collection of these taxes and the distribution of the proceeds; to provide for exemptions; to provide penalties for the violation of this Act; to provide the purposes for which the proceeds may be spent; to require bonds in injunction suits; to require certain persons to furnish information to aid in the enforcement of this Act; to authorize proceedings in the Superior Court to obtain information for the enforcement of this Act; to conditionally commute taxes levied but not collected prior to 1938; to provide that the failure to return any bond or note shall be a complete defense to any suit on the same; to provide limitations upon proceedings to collect taxes levied prior to 1938 against intangible property; to make appropriations for administration; to declare that if any part of application of the Act shall be adjudged to be invalid such judgment shall not affect the remainder of this Act; to repeal all laws and parts of laws in conflict with this Act; and for other purposes," be and the same is hereby amended by adding to Section 4 thereof a new subsection to be known as Subsection (c) and to read as follows:
"(c) Any bank or trust company organized under the laws of this State or the United States, having on deposit with it money subject to taxation under the terms of this Act, may make return to the Commission for one or more taxpayers of the aggregate amount of such money on deposit with such bank owned by said taxpayer or taxpayers and may pay the tax thereon, when

1764

JouRNAL oF THE HousE,

authorized to make such return by the taxpayer. A return by a bank or trust company shall state the aggregate amount of money on deposit with it subject to taxation under this Act known by the one or more taxpayers authorizing the bank to make such return. The return shall state also the amounts of such money as shall have a taxable situs in each county, municipality or special taxing district in which any such money has a taxable situs. If a bank or trust company elects to make such return and pay such tax, any person having money on deposit therewith on which the bank has made a return and paid the taxes, shall be deemed to have made a return of his money for taxation hereunder, if he states in his return required by this Act the name of the bank or trust company authorized to make such return of money for taxation and pay the tax thereon."
Sec. 2. That said Act approved December 27, 1937, be further amended by adding a new section to be known as Section 14 (a), to read as follows:
"Section 14 (a). Notwithstanding any other provision of this Act, banks chartered under the laws of this State and savings and loan companies or associations organized under the laws of this State, which accept funds for deposit and submit to examination by the Superintendent of Banks of this State, shall be taxed as heretofore provided by law. Neither such banks nor such savings and loan companies or associations nor their assets shall be subject to the provisions of this Act. Provided, however, that nothing contained in this Section shall be construed to exempt from the provisions of this Act any person, partnership or corporation licensed under the provisions of Chapter 25-3 of the Code of 1933 to carry on a small loan business."
Sec. 3. That all laws and parts of laws in conflict with this Act are hereby repealed.
The following amendment to the substitute to Senate Bill No. 102 was read and adopted:
Mr. Gross of Stephens moves to amend substitute for Senate Bill No. 102 and same is hereby amended by adding a new sentence at the end of Subsection (c) of Section 1 thereof, reading as follows:

SATURDAY, FEBRUARY 12, 1938.

1765

"Provided the amount of tax paid by any bank for any taxpayer, shall be charged to the account of such taxpayer." so that when amended said Subsection (c) of Section 1 shall read as follows:
"(c) Any bank or trust company organized under the laws of this State or the United States, having on deposit wi.th it money subject to taxation under the terms of this Act, may make return to the Commission for one or more taxpayers of the aggregate amount of such money on deposit with such bank owned by said taxpayer or taxpayers and may pay the tax thereon, when authorized to make such return by the taxpayer. A return by a bank or trust company shall state the aggregate amount of money on deposit with it subject to taxation under this Act owned by the one or more taxpayers authorizing the bank to make such return. The return shall state also the amounts of such money as shall have a taxable situs in each county, municipality or .special taxing district in which any such money has a taxable situs. If a bank or trust company elects to make such return and pay such tax, any person having money on deposit therewith on which the bank has made a return and paid the taxes, shall be deemed to have made a return of his money for taxation hereunder, if he states in his return required by this Act, the name of the bank or trust company authorized to make such return of money for taxation and pay the tax thereon. Provided the amount of tax paid by any bank for any taxpayer shall be charged to the account of such taxpayer."
Mr. Gross of Stephens also moves to amend Section 2 of substitute for Senate Bill No. 102 and same is hereby amended by adding the following words in the second line of Section 14 (a) thereof after the word "State": "or of the United States," so that Section 14 (a), as amended, shall read as follows:
"Section 14 (a). Notwithstanding any other provision of this Act, banks chartered under the laws of this State or of the United States and savings and loan companies or associations organized under the laws of this State, which accept funds for deposit and submit to examination by the Superintendent of Banks of this State, shall be taxed as heretofore provided by law. Neither such banks nor such savings and loan companies or

1766

JouRNAL OF THE HousE,

associations nor their assets shall be subject to the provisions of this Act. Provided, however, that nothing contained in this Section shall be construed to exempt from the provisions of this Act any person, partnership or corporation licensed under the provisions of.Chapter 25-3 of the Code of 1933 to carry on a small loan business."
The substitute to Senate Bill No. 102 was adopted, as amended.
The report of the committee, which was favorable to the passage of the bill, was agreed to, by substitute, as amended.
On the passage of the bill, by substitute, as amended, the ayes were 112, the nays 6.
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.
By Senators Patten of the 6th District and Williams of the 5th District-
Senate Bill No. 119. A bill to be entitled an Act to establish the Berty Pulp and Paper Laboratory Foundation, and for other purposes.
Mr. Hogg of Marion moved the previous question, the call was sustained, and the main question was ordered.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, the nays 2.
The bill having received the requisite constitutional majority was passed.
By Senators Forrester of the 44th District, Griner of the 45th District, and Harrison of the 17th District-
Senate Bill No. 121. A bill to be entitled an Act to provide that members of the Highway Board devote their full time to the duties of their office, and for other purposes.

SATURDAY, FEBRUARY 12, 1938.

1767

The following amendment to Senate Bill No. 121 was read and adopted:

Mr. Lanham of Floyd moves to amend Senate Bill No. 121 by adding a new section just before the repealing clause to be apprOpriately numbered as follows:

"Provided, however, that no member of the Highway Board shall draw any expense account except when away from Atlanta on business for the department."

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, Mr. Houston of Worth 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

Deal

Allison

Dean

Almand

Douglass

Barlow

Drake

Barnard

Drinkard

Batchelor

Dugas

Beck

Dunn

Bennett

Ennis

Booth

Erwin

Bradley

Etheridge

Bridges

Ferguson

Brooks of .Tackson

Field

Brooks of Oglethorpe Fitts

Brown of Greene

Fowler

Carmichael of Cobb

Freeman

Carmichael of Randolph Gammage

Clar;v

Gary

Claxton

Goff

Clements

Gra;vson

Cochran

Gross

Coleman

Groover

Corbett

Grubbs

Coxon

Guyton

Croker

Hamby

Dampier

Hampton

Daughtr;v

Hand

Daves

Harrell of Brooks

Harrell of Irwin Harris Harrison Hart Harvey Hastings Ha;ves Hemdon Hill of Clarke Hodges Hogg Hollis Houston Houze .Jackson .Joel .Johnson .Tones of Bartow .Tones of Brantley .Tones of Dodge .Tones of Elbert .Tones of .Tenkins Kendrick Key
Lanham Lanier Larsen

1768

JouRNAL OF THE HousE,

Leonard Lewallen Lewis Mankin 1rlanrY Marshall Martin MaVity
McCracken McGraw McNall Middleton Miller Moore of Baldwin Moore of Lumpkin Morgan Morris Mundy Musgrove Newby Newton

Palmour Parker Perry Phillips Pilcher Pirkle Pound Preston of Bulloch Rawlins Rees Reid of Wilcox Rowland Sabados Salter Sams Sanders Sapp Saunders Simmons Smith of Dodge Smith of Henry

Smith of Muscogee Striplin Sutton Swindle Tate Todd Thomas Trapnell Trippe
Turner Vickery Wall Ware Warnock Whaley Whipple Williams of Bacon Williams of Jones Wilson Yeomans

Those voting in the negative were Messrs.:

Ansley Barrett Blease Bond Brown of Peach Culpepper of Fayette DeFoor Dollar

Dukes Edwards Elliott Evans Harden Herrin McCravey McGehee

Milam Moore of Haralson Moore of Taliaferro Sartain Scruggs Weaver Welsch Zellner

Those not voting were Messrs.:

Bargeron Brewton Campbell Candler Chappell Clark Cogdell Cohen Culpepper of Mitchell DaVis Durden Ellington Flanders

GaVin Hendrix Hill of Screven Holt Home Keel Kirbo Moss Oden Patten Peebles Peters Preston of Walton

Ragan Reid of Carroll Rountree Spence Tapp Taunton Wages Walton Warnell Watkins Whitaker Mr. Speaker

SATURDAY, FEBRUARY 12, 1938.

1769

By unanimous consent, the verification of the roll call was dispensed with.
On the passage of the bill, as amended, the ayes were 143, the nays 24.
The bill having received the requisite constitutional majority was passed, as amended.
The following resolution of the House was read and adopted:
By Mr. Sutton of WilkesHouse Resolution No. 187.

A RESOLUTION
Be it resolved that the Chairman of the Engrossing, Enrolling and Auditing Committees and not to exceed seven members each of said committees, to be appointed by the Chairman thereof, be, and they are hereby authorized to remain at the Capitol ten days after adjournment for the purpose of bringing up the unfinished business of the session, and that they be allowed their per diem during said time.
That the Postmistress and Assistant Postmistress of the House be authorized to remain at the Capitol five days after the adjournment of the General Assembly for the purpose of forwarding the members' mail and that she be allowed her same per diem for said time. That two porters of the House be and they are authorized to remain at the Capitol not more than five days after the adjournment of the General Assembly and that they be allowed their same per diem for such time.
Be it further resolved that the Speaker of the House and his Secretary and Stenographer and the Clerk of the House be authorized to remain at the Capitol ten days after the adjournment of the General Assembly for the purpose of signing and reading bills and clearing up the unfinished business of the House, and that they be paid their same per diem as was paid during the Extra Session.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:

1770

JouRNAL OF THE HousE,

Mr. Speaker:
The Senate has adopted the report of the Conference Committee requesting that a new committee be appointed on the following bill of the House, to-wit:
By Mr. Parker of Colquitt-
House Bill No. 204. A bill providing for a uniform warehouse receipts law, and for other purposes.
The President has appointed as a committee on the part of the Senate the following Senators:
Senators Pruett of the 32nd District, Holmes of the 22nd District, and Harrison of the 17th District.
Mr. Coleman of Lowndes arose to a question of personal privilege and addressed the House.
Under the order of business established. by the Committee on Rules, the following bills of the Senate were taken up for consideration and read the third time:
By Senators Whitehead of the 30th District and Williams of the 5th District-
Senate Bill No. 37. A bill to be entitled an Act to amend Title 86 (Public Defense) of the Code of 1933, and for other purposes.
The following amendments to Senate Bill No. 37 were read and adopted:
Messrs. Gross of Stephens and Morgan of Troup move to amend Senate Bill No. 37, Section 3, Line 14 by striking the words "fifty-five years of age" in said line of said section and inserting in lieu thereof the words "sixty-four years of age."
Mr. Evans of McDuffie moves to amend Senate Bill No. 37 by striking from said bill all references to increase in the number of Lieutenant Colonels. It is the purpose and intent of this amendment to keep the number of Lieutenant Colonels at its present number.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.

SATURDAY, FEBRUARY 12, 1938.

1771

On the passage of the bill, as amended, the ayes were 109, the nays 1.
The bill having received the requisite constitutional majority was passed, as amended.
By Senators Williams of the 5th District, Atkinson of the 1st District, and Pope of the 7th District-
Senate Bill No. 13. A bill to be entitled an Act to amend the Code of Georgia of 1933 in regard to newspaper libel, and for other purposes.
The following amendment to Senate Bill No. 13 was read and adopted:
Mr. Bennett of Ware moves to amend Senate Bill No. 13 by striking therefrom in Section One, line 16 from bottom of page the following words
"or the report or statement of any public body or officer" also by striking from Section One, lines 11 and 12 from bottom of page the following words
"or of any charge of crime made to any judicial officer or body" also by striking from Section One, line 7 from bottom of page the following words
"fair and honest"
and inserting in lieu thereof the word
"truthful"
also by striking from Section One, lines 19 and 20 from bottom of page the following words
"any official"
and inserting in lieu thereof the word
''Governor''
also by amending the Section as rewritten when amending beginning at top of Page 2 by striking therefrom all of the provisions stricken by this amendment, and the Caption thereof wherever necessary to conform to this amendment.

1772

JouRNAL oF THE Hous:,

Mr. Milam of Spalding moved that the bill be tabled.

On the motion to table, the ayes were 78, the nays 28.

The motion to table prevailed.

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

The Senate has disagreed to the House amendments to the following bill of the Senate, to-wit:

By Senators Whitehead of the 30th District and Williams of the 5th District-

Senate Bill No. 37. A bill amending Title 86 (Public Defense) of the Code of 1933, and for other purposes.

The Senate has adopted the Conference Committee report on the following bill of the Senate, to-wit:

By Senators Spivey of the 16th District, Atkinson of the 1st District, Pope of the 7th District, and Purdom of the 46th District-

Senate Bill No. 3. A bill defining and enlarging the jurisdiction of Courts of Ordinary in certain counties with reference to the disposition of misdemeanor cases arising under the Georgia State Highway Patrol Act, and for other purposes.

The following report of the Committee of Conference on House Bill No. 204 was submitted and read:

Mr. President and Mr. Speaker:

Your Committee on Conference on House Bill No. 204, the Uniform Warehouse Receipts Law, recommends that the Senate recede from all its amendments and that the bill pass as originally passed by the House.

SATURDAY, FEBRUARY 12, 1938.

1773

February 12, 1938.
Respectfully submitted,
PARKER of Colquitt,
Hooo of Marion,
HousTON of Worth.
On the part of the House.
HARRISON of the 17th District,
PRUETT of the 32nd District,
HoLMES of the 22nd District.
On the part of the Senate.
On the question of adopting the report of the Committee of Conference on House Bill No. 204,_the ayes were 113, the nays 0.
The report of the Committee of Conference on House Bill No. 204 was adopted.
Under the order of business established by the Committee on Rules, the following bill of the Senate was taken up for consideration and read the third time:
By Senators Williams of the 5th District, Atkinson of the 1st District, and Jackson of the 14th District-
Senate Bill No. 92. A bill to be entitled an Act to fix the compensation of the Chairman and members of the Industrial Board, and for other purposes.
The following substitute to Senate Bill No. 92 was submitted and read:
Mr. Adams of Franklin moves to amend Senate Bill No. 92 by substitute to read:
An Act to provide a reduction in salaries of all personson the pay roll of the State receiving a salary or other payments from the State of more than $200.00 per month; and to provide that the savings by reductions shall be allocated to the State Department of Public Welfare for paying old age assistance

1774

JouRNAL OF THE HousE,

and to provide that this Act shall be known as The Old Age Pension Economy Bill; and for other purposes.
Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same:
Section 1. That on and after the passage of this Act there shall be a reduction of all salaries or other payments by the State to persons on State pay rolls 20% on excess of $200.00 per month.
Sec. 2. The savings herein shall be allocated monthly to the State Department of Public Welfare and used for paying old age assistance.
Sec. 3. The provisions herein shall be in force for a period of twelve months from the passage of this Act.
Sec. 4. This bill shall be known as the Old Age Pension Economy Bill.
Sec. 5. All laws and parts of laws in conflict herewith are hereby repealed.
Mr. Coleman of Lowndes moved that the House do now recess for one hour, and the motion prevailed.
2:00 o'clock P. M.
The Speaker called the House to order.
The following communication from the State Highway Board was submitted and read:
HoN. RoY V. HARRis, Speaker, and
Members of the Georgia House of Representatives
Atlanta, Georgia.
Gentlemev:
We want to express to your honorable body our sincere appreciation of your interest in and sympathetic cooperation with this Department which has been shown by your deliberations throughout your Sessions.

SATURDAY, FEBRUARY 12, 1938.

1775

We pledge you our continued best efforts toward administering the affairs of this Department in a fair, impartial and businesslike manner.
We are sure you have the commendation of the good people of Georgia for your untiring, conscientious service, given at a personal sacrifice, in putting into effect in this State a great, humanitarian and economic program for the general good of all our people.
Most of you probably will be back in Atlanta from time to time during the year, and we hope you will have time to call by to see us.
Sincerely yours,
STATE HIGHWAY BoARD oF GEORGIA
W. LINT MILLER, Chairman.
JIM L. GILLIS, Member.
HERMAN H. WATSON, Member.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:
Mr. Speaker:
The Senate recedes from its amendment on the following resolution of the House, to-wit:
By Messrs. Perry and Houston of Worth, Sabados of Dougherty, and Bradley of Tattnall-
House Resolution No. 186. A resolution extending the time limit for the purchase of automobile tags from February 15, 1938, to March 15, 1938, and for other purposes.
The Senate has agreed to the House substitute, as amended, to the following bill of the Senate, to-wit:
By Senator Pope of the 7th District-
Senate Bill No. 102. A bill amending the Intangible Tax Act, and for other purposes.

1776

JouRNAL OF THE HousE,

The Senate has agreed to the House amendment to the following bill of the Senate, to-:wit:
By Senators Forrester of the 44th District, Griner of the 45th District, and Harrison of the 17th District-
Senate Bill No. 121. A bill providing that the members of the State Highway Board shall devote their full time to the performance of their duties and to provide for the compensation of the members thereof other than the Chairman, and for other purposes.
The Senate has agreed to the House substitute to the following bill of the Senate, to-wit:
By Senator Jackson of the 14th District-
Senate Bill No. 139. A bill changing the method of compensating the Ordinary in certain counties, and for other purposes.
The Senate has disagreed to the report of the Conference Committee on the following bill of the House, and has appointed a new committee on the part of the Senate to confer with a like committee on the part of the House:
By Mr. Parker of ColquittHouse Bill No. 204. A bill providing for a uniform receipts
law, and for other purposes.
The President has appointed as a committee on the part of the Senate the following Senators:
Senators Turner of the 35th District, Moye of the 11th District, and Whitehead of the 30th District.
The following resolutions of the House were read and adopted:
By Messrs. Lanier and Harris of RichmondHouse Resolution No. 188.
A RESOLUTION
Whereas, Mr. Bryan B. Taggart, of the City of Watertown, New York, a winter resident of Augusta, has donated for a

SATURDAY, FEBRUARY 12, 1938.

1777

student aid fund, to the University of Georgia School of Medicine, the sum of five thousand dollars, the income thereof each year to assist some young man in his junior or senior year who possesses those qualities of character and ability which go into the making of a physician of the highest integrity and kind understanding towards the less fortunate of mankind; and
Whereas, Mr. Bryan B. Taggart has further stipulated that the gift be known as the Eugene E. Murphey Student Aid Fund, thereby perpetuating the name of one of the most distinguished and beloved physicians in the State and one of the most scholarly members of the faculty of the University of Georgia School of Medicine;
Therefore, be it resolved by the House, the Senate concurring, that the General Assembly of Georgia expresses its appreciation to Mr. Bryan B. Taggart, Watertown, New York, for the gift of $5,000 to aid worthy students and further for honoring Dr. Eugene E. Murphey, and that a copy be mailed to the Mr. Taggart and Doctor Murphey.
By Messrs. Booth of Barrow and Houze of Lowndes-
House Bill No. 189.
A RESOLUTION
Whereas, The General Assembly of Georgia passed a bill at the 1937 Regular Session, imposing a license fee of two hundred ($200.00) dollars on wholesale seafood dealers of this State, and
Whereas, the bill was never operative but some of the wholesale seafood dealers paid to the Department of Wild Life the above license
Whereas, the Department of Wild Life returned to some of the wholesale seafood dealers the above license fees and the Department of Wild Life still has some of the fees so remitted to that department by said dealers and that same is being held, subject to be returned to said dealers or their constituted agents.
Therefore, be it resolved by the House of Representatives, the
Senate concurring, that the Department of Wild Life, J. D.
Mitchell as Director, thereof, is hereby directed to refund the said license fees to the wholesale seafood dealers of this State.

1778

JouRNAL OF THE HousE,

Mr. Parker of Colquitt asked unanimous consent that he be allowed to resign as a member of the Committee of Conference on House Bill No. 161, the request was granted, and the Speaker appointed Mr. Harvey of Upson in his stead.
The following resolutions of the House were read and adopted:
By Messrs. Freeman of Bibb, Gross of Stephens, and Marshall of Macon-
House Resolution No. 190.
A RESOLUTION
Whereas, during the year 1939 there will be held in both New York and San Francisco world-wide expositions depicting the progress of this nation and the States thereof, and,
Whereas, there will be at both of these expositions thousands of visitors from all over the world attracted by the exhibits of both public and private organizations, and,
Whereas, the Constitution of the State of Georgia prohibits the appropriation of any funds for this type of exploitation of our State and, Georgia therefore can not officially participate, and,
Whereas, it is the sense of this General Assembly that insofar as is possible this State should participate in both of these great events,
Therefore be it resolved, that the Governor of this State is requested to name a state-wide commission to direct the activities concerning Georgia's participation in these events and to aid said commission insofar as is possible in promoting Georgia at both New York and San Francisco.
By Mr. Welsch of Cobb-
House Resolution No. 191.
A RESOLUTION
Whereas, it is the desire of the people of this country to have peace both at home and abroad; and
Whereas, the government of this country has always been willing to agree, and in the past has agreed, to limitations of

SATURDAY, FEBRUARY 12, 1938.

1779

naval armaments in an effort to discourage war and in an effort to prevent an aggressive war program amongst the nations; but,
Whereas, there now exists wars, and rumors of other wars; and
Whereas, certain nations are not willing to agree to limitations of naval armaments; and
Whereas, while certain nations are actually engaged in war and in carrying on an aggressive war program; and though other nations are not actually engaged in war, such nations are actually involved and interested in carrying on an aggressive war program; and,
Whereas, this country is concerned with the safety and security of its peoples and their possessions; and
Whereas, there is now pending in the Congress of our National Government a measure to provide appropriations necessary to furnish means to maintain our national security;
Now therefore be it resolved, that this House by the adoption of this resolution go on record as being in favor of such appropriations as may be necessary to guarantee a defense strong enough to protect our people and their possessions; and,
Be it further resolved, that the Clerk of this House be directed to mail a copy of this resolution to the Georgia Members of the House and Senate of the National Congress and to Secretary of the Navy.
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 Pruett of the 32nd District-
Senate Resolution No. 72. A resolution extending thanks to Director Gillen for his patriotic gift to the State of Georgia, and for other purposes.

1780

JouRNAL or THE Hous,

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, as amended, of the House, to-wit:
By Messrs. Ennis and Moore of Baldwin, and Parker of Colquitt-
House Bill No. 540. A bill authorizing and empowering the Governor to assign and set apart the rentals of the Western & Atlantic Railroad for a period of six years for a special treasury fund, and for other purposes.
The Speaker appointed a third Committee of Conference on the part of the House to confer with a like committee to be appointed on the part of the Senate, on House Bill No. 204, the following members of the House, to-wit:
Messrs. Parker of Colquitt,
Drake of Seminole, and
Bennett of Ware.
The following resolution of the Senate was read and adopted:
By Senator Pruett of the 32nd District-
Senate Resolution No. 72. A resolution extending thanks to Director Gillen for his patriotic gift to the State of Georgia, and for other purposes.
The following resolution of the House was read:
By Mr. Dugas of White-
House Resolution No. 178-562a. A resolution naming the Highway now being built from Cleveland to Hiawassee in honor of Han. Thomas N. Bell, and for other purposes.
The following amendment to House Resolution No. 178562a was read and adopted:
Mr. Dugas of White moves to amend House Resolution No. 178-562a as follows: Be it further resolved that the Clerk send

SATURDAY, FEBRUARY 12, 1938.

1781

a copy of this resolution to the Highway Board and a copy of
same to the Hon. Thomas M. Bell.
The resolution was adopted, as amended.
Under the order of business established by the Committee on Rules, the following bill of the Senate was again taken up for consideration:
By Senators Williams of the 5th District, Atkinson of the 1st District, and Jackson of the 14th District-
Senate Bill No. 92. A bill to be entitled an Act to fix the compensation of the Chairman and members of the Industrial Board, and for other purposes.
Mr. Key of Jasper moved the previous question, the call was sustained, and the main question was ordered.
An amendment offered by Mr. Horne of Bibb to the original bill was ruled out of order.
The substitute to Senate Bill No. 92 was taken up for consideration.
The following amendment to the substitute to Senate Bill No. 92 was read:
Mr. Horne of Bibb moves to amend the substitute to Senate Bill No. 92 by adding the following proviso:
This Act shall not apply to officers or employees comprising the Judicial Department of this State.
On the adoption of the amendment, the ayes were 78, the nays 32, and the amendment was adopted.
An amendment offered by Mr. Joel of Clarke was read.
The substitute offered by Mr. Adams of Franklin to Senate Bill No. 92 was ruled out of order.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, Mr. Sabados of Dougherty moved the ayes and nays, and the call was sustained.

1782

JouRNAl. o:r THE Bous,

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

Those voting in the affirmative were Messrs.:

Almand

Grubbs

Barlow

GUYton

Barrett

Hamby

Beck

Hampton

Bennett

Harrell of Brooks

Booth

Harrell of Irwin

Bradley

Harris

Brewton

Harvey

Brooks of Jackson

Hastings

Brooks of Oglethorpe Hayes

Brown of Greene

Herndon

Campbell

Hodges

Carmichael of Cobb

Hogg

Carmichael of Randolph Hollis

Chappell

Horne

Clark

Houston

Clements

Houze

Coleman

Joel

Corbett

Johnson

Coxon

Jones of Elbert

Croker

Kendrick

Daves

Key

Deal

Lanham

Dean

Lanier

Drake

Larsen

Dunn

Lewis

Edwards

Mankin

Ennis

Marshall

Erwin

McCracken

Evans

McGraw

Ferguson

McNall

Field

Middleton

Flanders

Milam

FowlerJ Gammage

Miller Moore~ofiBaldwin

Gary

Moore:of.Haralson

Grayson

Moore.of.Lumpkin

Gross

Morgan

Morris Musgrove Newby Newton Oden Palmour Parker Perry Phillips Pirkle Pound Preston of Walton Ragan Rawlins Reid of Carroll Sanders Sapp Saunders Simmons Smith of Dodge Smith of Henr:v Smith of Muscogee Striplin Sutton Swindle Tate Taunton Todd Trapnell Turner Wall Weaver Whaley Whipple Whitaker Williams of Jones Yeomans

Those voting in the negative were Messrs.:

Adams Ansley Batchelor Bond

Brown of Peach Candler Clary
Culpepper of Fayette

Daughtry Drinkard Dugas Dukes

SATURDAY, FEBRUARY 12, 1938.

1783

Ellington Elliott Goff Groover Hand Harden Harrison Herrin Hill of Clarke Jackson Jones of Bartow

Jones of Jenkins
Kirbo Lewallen Martin Mavity McCravey McGehee Patten Pilcher Rowland Sabados

Sams Sartain Scruggs Tapp Vickery Walton Ware Warnock Williams of Bacon Wilson Zellner

Those not voting were Messrs. :

Allison Bargeron Barnard Blease Bridges Claxton Cochran Cogdell Cohen
Culpepperof~tchell
Dampier Davis DeFoor Dollar Douglass Durden

Etheridge Fitts Freeman Gavin Hart Hendrix Hill of Screven Holt Jones of Brantley Jones of Dodge Keel Leonard Manry
Moore of Taliaferro Moss Mundy

Peebles Peters Preston of BUlloch Rees Reid of Wilcox Rountree Salter Spence Thomas Trippe Wages Warnell Watkins Welsch Mr. Speaker

By unanimous consent, the verification of the roll call was dispensed with.
On the passage of the hill, the ayes were 113, the nays 45.
The hill having received the requisite constitutional majority was passed.
Mr. Gross of Stephens moved that the House insist on its position on Senate Bill No. 37, in reference to the Military Department and that a Committee of Conference he appointed on the part of the House to confer with a like committee to he appointed on the part of the Senate, and the motion prevailed.

1784

JouRNAL oF THE HousE,

The Speaker appointed as a Committee of Conference, the following members of the House, to-wit:
Messrs. Palmour of Hall,
Jones of Elbert, and
Mavity of Walker.
The following report of the Committee of Conference on House Bill No. 161, known as the Rolling Store Bill, was submitted and read:
Atlanta
Your Conference Committee on House Bill No. 161 report that they have failed to agree and ask to have another Conference Committee appointed.
HARRELL of Brooks,
WEAVER of Bibb,
HARVEY of Upson.
On the part of the House.
FowLER of the 39th District,
SHEDD of the 3rd District,
PETERSON of the 15th District.
On the part of the Senate.
On the adoption of the report of the Committee of Conference on House Bill No. 161, the ayes were 125, the nays 4.
The report of the Committee of Conference was adopted.
The Speaker appointed as a third Committee of Conference on the part of the House to confer with a like committee on the part of the Senate, on House Bill No. 161, the following members of the House, to-wit:
Messrs. Weaver of Bibb, Harrell of Brooks, and Harvey of Upson.

SATURDAY, FEBRUARY 12, 1938.

1785

The following bill of the House was taken up for the purpose of considering the Senate amendments thereto:
By Messrs. Sutton of Wilkes, Ennis, and Moore of Baldwin-
House Bill No. 540. A bill to be entitled an Act to authorize the Governor to assign rentals of the Western and Atlantic Railroad, and for other purposes.
Mr. Lanier of Richmond moved that further consideration of House Bill No. 540 be postponed until action was taken by the Senate on the Chain Store Tax Bill, and the Speaker ruled the motion out of order.
Mr. McNall moved that the bill be tabled.
Mr. Ennis of Baldwin moved the previous question.
On the motion for the previous question, the ayes were 82, the nays 34, and the motion prevailed.
Mr. Evans of McDuffie moved that the bill be tabled.
On the motion to table, the ayes were 31, the nays 90, and the motion was lost.
The main question was ordered.
The following Senate amendment to House Bill No. 540 was read:
By the Senate-
Senator Lindsay of the 34th District moves to amend House Bill No. 540 as follows:
Amend committee amendment to Section 3 by striking the words and figures "forty percent (40%)" in the second paragraph 2 of said committee amendment and inserting the words and figures" thirty-seven per cent (37%)" in lieu thereof.
Further amend the same paragraph of said amendment as follows:
By inserting after the word "State" on line 5 of said second paragraph, before the semicolon the following words and figures, "and three percent (3%) to the Department of Education to be

1786

JouRNAL oF' THE HousE,

used for building and repairs at the School for the Deaf at Cave

Springs."



On the adoption of the amendment, Mr. Ennis of Baldwin 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

Fitts

Allison

Flanders

Almand

Fowler

Ansley

Gammage

Bargeron

Goff

Barlow

Grayson

Barnard

Gross

Batchelor

Groover

Bennett

Grubbs

Bond

Hampton

Booth

Harrell of Brooks

Brewton

Harrell of Irwin

Brooks of .Jackson

Harris

Brown of Greene

Harrison

Carmichael of Cobb

Hart

Carmichael of Randolph Harvey

Chappell

Hastings

Clark

Hayes

Clary

Herndon

Cochran

Herrin

Coleman

Hill of Clarke

Corbett

Hodges

Coxon

Hogg

Croker

Hollis

Culpepperof~tchell

Home

Daves

Houston

DaVis

Houze

Deal

.Jackson

Dean

.Joel

Dollar

.Johnson

Drake

.Jones of Bartow

Dugas

.iones of Dodge

Dukes

.Jones of Elbert

Ellington

.Jones of .Jenkins

Ennis

Kendrick

Erwin

Key

Ferguson

Kirbo

Field

Lanham

Lanier Larsen Lewallen Lewis Mankin Manry
Marshall MaVity McCracken McGraw McNall Milam Miller Moore of Baldwin Moore of Haralson Moore of Lumpkin Moore of Taliaferro Morgan Mundy Musgrove Newby Newton Parker Patten Perry Pilcher Pirkle Pound Preston of Walton Ragan Rawlins Rowland Sabados Sanders Sapp Saunders Scruggs Simmons

SATURDAY, FEBRUARY 12, 1938.

1787

Smith of Henry Smith of Muscogee Striplin Tate Todd Thomas Trapnell

Trippe Vickery Wall Ware Warnock Welsch Whaley

Whipple Williams of Bacon Williams of Jones Wilson Yeomans Zellner

Those voting in the negative were Messrs.:

Barrett Blease Bradley Brown of Peach Candler

Drinkard Evans Guyton
Hand

Harden Jones of Brantley Sartain Weaver

Those not voting were Messrs.:

Beck Bridges Brooks of Oglethorpe Campbell Claxton Clements Cogdell Cohen Culpepper of Fayette Dampier Daughtry DeFoor Douglass Dunn Durden Edwards Elliott Etheridge Freeman
Gary

GaVin Hamby Hendrix Hill of Screven Holt Keel Leonard Martin McCravey McGehee Middleton Morris Moss Oden Palmour Peebles Peters Phillips Preston of Bulloch

Rees Reid of Carroll Reid of Wilcox Rountree Salter Sams Smith of Dodge Spence Sutton Swindle Tapp Taunton TUrner Wages Walton Warnell Watkins Whitaker Mr. Speaker

The roll call was verified.

On the adoption of the amendment, the ayes were 134, the nays 13.

Senate amendment No. 1 to House Bill No. 540 was adopted.

The following Senate amendment to House Bill No. 540 was

read:



1788

JouRNAL oF THE HousE,

By the Senate-
Senator Harrell of the 12th District moves to amend Section 4 of House Bill No. 540 by adding the following words in the first line of Section 4 after the word "warrants":
"of this issue and other prior issues."
By unanimous consent, Senate amendment No.2 was disagreed to.
The following Senate amendment to House Bill No. 540 was read:
By the Senate-
Senator Terrell of the 19th District moves to amend House Bill No. 540 and Section Two thereof by adding at the end of said section the following words:
"Provided further that the State may enter into an agreement for sale or discount and may sell or discount said warrant or warrants to the Reconstruction Finance Corporation."
On agreeing to Senate Amendment No. 3, the ayes were 115, the nays 1.
Senate Amendment No.3 was agreed to.
Senate Amendment No.4 to House Bill No. 540 was read.
The Senate amends House Bill No. 540 as follows:
1st. By striking Section 3 from the Act and inserting in lieu thereof the following:
"The Governor is hereby authorized, empowered and directed to place in the State Treasury as a special appropriation and allocated fund the entire proceeds arising from the sale of said w.arrant or warrants described in Section 2 hereof, and said funds so arising are hereby appropriated as follows:
Fifty per cent (50%) of said funds is hereby appropriated as follows: Forty per cent (40%) to the State Welfare Department to be used in the construction and repairing of buildings and purchase of equipment necessary and needed at and by the various eleemosynary institutions of this State; and ten per cent

SATURDAY, FEBRUARY 12, 1938.

1789

(10%) to State Board of Health for buildings and repairs at Alto Tuberculosis Hospital.
The other fifty per cent (50%) of said fund is hereby appropriated to the several counties of the State to be distributed to said counties on the following basis:
Each county of the State shall receive one 159th part of the funds so appropriated to the counties. All funds herein provided for and distributed to each county shall be applied toward and used solely for the payment of the expenses of the operation of the courts and for educational purposes.
The funds received by any county, not to exceed one-half, first to be applied to the expenses of operation of the courts and the remainder to be applied to and used for educational purposes."
2nd. By striking the caption of the bill and inserting in lieu thereof the following:
"To be entitled an Act to authorize and empower the Governor to assign and set apart the rentals of the Western & Atlantic Riilroad for a period of six years for a special treasury fund; to authorize and empower the Governor to draw warrants against said special funds and to authorize the Governor, the State Treasurer and State Auditor to discount and/or sell said warrants; to provide the manner of selling such warrants; to allocate and appropriate the proceeds from such sale; and for other purposes."
The following amendment to the Senate amendment to House Bill No. 540 was read and adopted:

Mr. Whipple of Bleckley moves to amend Senate committee amendment to House Bill No. 540 by striking the word "and" and substituting the word "or" in the last line of paragraph 4 of Section 1, and striking the entire fifth paragraph of first section, the intent of this amendment to allow the county commissioner, or fiscal authority of each county, to use said funds for the courts of said county, or the schools, or both, as the needs may be in the discretion of the fiscal authority of each county.

1790

JouRNAL oF THE HousE,

The Senate amendment, as amended by the House, was adopted by a vote of 113 to 2.

Mr. Jones of Brantley requested the Journal to show that he cast his vote against the adoption of the Senate amendments.

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. Scruggs and Dukes of Washington, and Moore and Ennis of Baldwin-
House Bill No. 536. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.

By Mr. Campbell of Newton-
House Bill No. 537. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.

By Mr. Williams of Jones-

House Bill No. 547. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.

By Mr. Warnock of Montgomery-
House Bill No. 550. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.

By Mr. Rowland of Johnson-

House Bill No. 553. A bill amending an Act providing a new charter for the City of Wrightsville, and for other purposes.

By Mr. Whitaker of Clayton-

House Bill No. 555. A bill amending the Highway Mileage

Act by adding additional mileage to the State Aid System, and

for other purposes.



SATURDAY, FEBRtJARY 12, 1938.

1791

By Mr. Oden of Pierce-
House Bill No. 558. A bill providing that official bond premiums of tax collectors and tax receivers in certain counties shall be paid out of county funds by the proper county fiscal authorities, and for other purposes.
By Mr. Sutton of Wilkes-
House Bill No. 559. A bill authorizing the City of Washington to enact zoning laws, and for other purposes.
By Mr. Parker of Colquitt-
House Bill No. 545. A bill amending the Act known as the Building and Loan Act with reference to the allocation of fees paid the Secretary by the Secretary of State, and for other purposes.
By Mrs. Mankin and Messrs. Kendrick and Hastings of Fulton-
House Bill No. 556. A bill providing for an appropriation for the purpose of purchasing materials to repair the State Capitol, 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, as amended, of the House, to-wit:
By Mr. Booth of Barrow-
House Bill No. 450. A bill creating the office of Commissioner of Roads and Revenues in the County of Barrow, and for other purposes.
By Mr. Booth of Barrow-
House Bill No. 451. A bill to repeal an Act creating a Board of Commissioners of Roads and Revenues for the County of Barrow, and for other purposes.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:

1792

JouRNAL o:t THE HousE,

Mr. Speaker: The Senate has appointed a new Committee of Conference on
the following bill of the House, to-wit:
By Mr. Corbett of Atkinson-
House Bill No. 161. A bill known as the Rolling Store Tax Bill, and for other purposes.
The President has appointed:
Senators Patten of the 6th District,
Neely of the 36th District, and
Sammon of the 51st District.
The following message was received from the C)enate through Mr. Hammond, the Secretary thereof:
Mr. Speaker:
The Senate insists upon its position on the amendments to the following bill of the Senate and requests that a Conference Committee be appointed on the part of the House to confer with a like committee on the part of the Senate:
By Senators Whitehead of the 30th District and Williams of the 5th District-
Senate Bill No. 37. A bill to amend Title 86 (Public Defense) of the 1933 Code and all laws pertaining thereto, and for other purposes.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:
Mr. Speaker:
The Senate has receded from its position on Senate Amendment No.2, known as the Harrell amendment, and has agreed to the House amendment to Senate amendment No. 4, known as the committee amendment to the following bill of the House, to-wit:

SATURDAY, FEBRUARY 12, 1938.

1793

By Messrs. Ennis and Moore of Baldwin and Parker of Colquitt-
House Bill No. 540. A bill to authorize and empower the Governor to assign and set apart the rentals of the Western and Atlantic Railroad for a period of six years for a special treasury fund, and for other purposes.
The following report of the Committee of Conference on House Bill No. 161, known as the Rolling Store Bill, was submitted and read:
Mr. President and Mr. Speaker:
Your Committee of Conference on House Bill No. 161, known as the Rolling Store Bill, submit the following:
That the House and Senate accept the Conference Committee Report of February 3rd signed by Millican of the 52nd District, Patten of the 6th District, Sutton of the 47th District, on the part of the Senate, and Corbett of Atkinson, Swindle of Berrien and Gross of Stephens, on the part of the House, with the exception that the words in Section 1 be stricken, reading as follows:
"However, that no county can levy any additional license on such rolling store"
and in lieu thereof the following be inserted after the word "provided":
"However, that any county may levy a license tax upon each rolling store operating within the county levying the same a license fee or tax not exceeding the tax prescribed by this bill for the State. It being the legislative intent that such counties may or may not levy such tax as herein provided at the discretion of the county authorities in each county."
Your Conference Committee respectfully recommend that the foregoing report be adopted.
This the 12th day of February, 1938.
HARRELL of Brooks, Chairman.
WEAVER of Bibb, HARVEY of Upson. On the part of the House.

1794

JouRNAL or THE HousE,

SAMMON of the 51st District, Chairman.
PATTEN of the 6th District,
NEELY of the 36th District.
On the part of the Senate.
Mr. Corbett of Atkinson moved the previous question, the call was sustained, and the main question was ordered.
On the question of adopting the report of the Committee of Conference on House Bill No. 161, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams

Ellington

Allison

Elliott

Ansley

Ennis

Barlow

Ferguson

Batchelor

Fitts

Bennett

Flanders

Booth

Fowler

Brewton

Freeman

Brooks of Jackson

Gammage

Brooks of Oglethorpe Goff

Campbell

Grayson

Candler

Gross

Carmichael of Cobb

Groover

Carmichael of Randolph Grubbs

Chappell

Hamby

Cochran

Hampton

Cohen

Hand

Coleman

Harrell of Brooks

Corbett

Harris

Coxon

Harrison

Culpepper of Mitchell Hart

Daves

Harvey

DaVis

Hastings

Deal

Herndon

Dollar

Herrin

Drake

Hodges

Drinkard

Hogg

Dugas

Hollis

Dukes

Home

Edwards

Houston

Houze Jackson Joel Johnson Jones of Bartow Jones of Elbert Jones of Jenkins Kendrick Key
Kirbo Lanham Lanier Larsen Lewallen Mankin Manry
McCracken McGraw McNall Milam Miller Moore of Baldwin Moore of Haralson Moore of Lumpkin Moore of Taliaferro Morgan Moss Musgrove Newby Palmour

SATURDAY, FEBRUARY 12, 1938.

1795

Parker Patten Perry Pilcher Pirkle Ragan Rowland Sabados

Sams Sanders Sapp Scruggs Simmons Smith of Muscogee Swindle Tate

Trapnell Vickery Weaver Welsch Whipple Williams of Jones Yeomans Zellner

Those voting in the negative were Messrs.:

Bond Brown of Greene Brown of Peach Dunn Evans Guyton Harrell of Irwin Jones of Brantley Lewis

Mavity McGehee Morris Mundy Pound Rees Sartain Taunton

Todd Thomas Trippe
Wall Ware Whaley Williams of Bacon Wilson

Those not voting were Messrs.:

Almand Bargeron Barnard Barrett Beck Blease Bradley Bridges Clark Clary Claxton Clements Cogdell Croker Culpepper of Fayette Dampier Daughtry Dean DeFoor Douglass Durden Erwin

Etheridge Field Gary
Gavin Harden Hayes
Hendrix Hill of Clarke Hill of Screven Holt Jones of Dodge Keel Leonard Marshall Martin McCravey Middleton Newton Oden Peebles Peters Phillips

Preston of Bulloch Preston of Walton Rawlins Reid of Carroll Reid of Wilcox Rountree Salter Saunders Smith of Dodge Smith of Henry Spence Striplin Sutton Tapp
Turner Wages Walton Warnell Warnock Watkins Whitaker Mr. Speaker

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

1796

JouRNAL oF THE HousE,

On the adoption of the report of the Committee of Conference on House Bill No. 161, the ayes were 114, the nays 25.
The report of the Committee of Conference was adopted.
The following report of the Committee of Conference on House Bill No. 204, known as the Uniform Warehouse Receipts Bill, was submitted and read:
Mr. Speaker and Mr. President:
We, your Committee of Conference on House Bill No. 204, known as the Uniform Warehouse Receipts Law, beg leave to report that we cannot agree and ask that we be discharged from further duties herein.
We suggest the appointment of a new Committee of Conference immediately.
Feb. 12, 1938. PARKER of Colquitt, BENNETT of Ware, DRAKE of Seminole.
On the part of the House. TuRNER of the 35th District, WHITEHEAD of the 30th District, MoYE of the 11th District.
On the part of the Senate.
On the adoption of the report of the Committee of Conference on House Bill No. 204, the ayes were 105, the nays 6.
The report of the Committee of Conference was adopted. The Speaker appointed as a fourth Committee of Conference on the part of the House on House Bill No. 204 to confer with a like committee to be appointed on the part of the Senate, the following members of the House, to-wit:
Messrs. Parker of Colquitt, Lanham of Floyd, and
Jones of Bartow.

SATURDAY, FEBRUARY 12, 1938.

1797

Mr. Taunton of Taylor moved that the House do now recess for two hours.
Mr. Gravson of Chatham moved that the House do now recess for one hmir.
The motion of Mr. Taunton of Taylor was lost.
Mr. Edwards of Thomas moved that the House do now recess for thirty minutes.
The motion of Mr. Graysoq of Chatham prevailed, and the House recessed for an hour.
7:30 o'clock P.M.
The Speaker called the House to order.
The following resolution of the House was read and adopted:
By Mr. Booth of Barrow-
House Resolution No. 192.
A RESOLUTION
Whereas, the Han. Joseph M. Branch, Chaplain of the House of Representatives, has been industriously lobbying for the Lord all during the Extra Session of 1937-1938, bringing many backsliding members of the House into the Lord's vineyard through his forceful and eloquent prayers for this House, and
Whereas, the Georgia State law on lobbying requires the payment of a fee on registration with the Secretary of State, and
Whereas, the members of this House believe that their Chaplain's lobbying activities for the Lord have been fruitful of the public good and for the best interests of the State, and
Whereas, the members of the House have received much spiritual benefit from said lobbying activities, and
Whereas, the said Rev. Joseph M. Branch has not only attended almost every opening of the House during the extra session but has remained in the House throughout the day's session in order that any backsliders may receive spiritual comfort and benefit,

-1798

JouRNAL oF THE HousE,

Now therefore be it resolved, by the House of Representatives, that the said Rev. Joseph M. Branch he excused from having to pay the said lobbying fee, and that Rule No. 177 not he enforced in his case, hut that on the other hand the Rev. Joseph M. Branch he given the hand of fellowship by this House and he commended for his faithful service in this lobbying activity.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:
Mr. Speaker:
The Senate adopted the report of the Conference Committee on House Bill No. 204 and the President has appointed as a new Committee of Conference on the part of the Senate to confer with a like Committee of Conference on the part of the House, the following members of the Senate, to-wit:
Senators Griner of the 45th District,
Clements of the 9th District, and
Horne of the lOth District.
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 hills and resolutions of the House, to-wit:
By Messrs. Dampier and Larsen of Laurens-
House Resolution No. 50. A resolution providing Georgia Law Reports for the Court of Ordinary of Laurens County, and for other purposes.
By Messrs. Sanders and Hart of Coweta-
House Resolution No. 146. A resolution relieving administrator or executor of the T. G. Farmer, Jr., estate, T. G. Farmer, Sr., estate, and H. C. Arnall estate from the payment of interest due to the estate of George Lee, and for other purposes.
By Mr. Tapp of Gwinnett-
House Bill No. 492. A bill incorporating the Town of Rest Haven in the County of Gwinnett, and for other purposes.

SATURDAY.> FEBRUARY 12, 1938.

1799'

By Mr. Larsen of Laurens-
House Bill No. 508. A bill amending the charter of the City of Dublin to provide for placing of all net profits from municipal water plant into sinking fund, and for other purposes.
By Mr. Hand of Mitchell-
House Bill No. 518. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Messrs. Perry and Houston of Worth and Parker and Barlow of Colquitt-
House Bill No. 520. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes.
By Mr. Grubbs of Crisp and others-
House Bill No. 188. A bill to amend an Act to promote temperance and prosperity for Georgia people, and for other purposes.
By Messrs. Bennett of Ware and Key of Jasper-
House Bill No. 423. A bill amending the General Appropriations Act of 1937 by making appropriations to the Prison Commission, and for other purposes.
The following bills of the House were taken up for the purpose of considering the Senate amendments thereto:
By Mr. Booth of Barrow-
House Bill No. 450. A bill to be entitled an Act to create the office of Commissioner of Roads and Revenues in the County of Barrow, and for other purposes.
The following Senate amendment to House Bill No. 450 was read:
By the Senate-
Senator Thrasher of the 27th District moves to amend House Bill No. 450 by adding thereto a new section to be numbered 18 and to read as follows:

1800

JouRNAL or THE HousE,

"Section 18. The Act approved March 10, 1937, entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Barrow, Georgia Laws 1937, pages 1240 through 1247, be and the same is hereby repealed."
And moves further to amend said House Bill No. 450 by adding thereto a new section to be numbered 19 and to read as follows:
"This Act shall become effective only after it is ratified by a majority of those voters who were qualified to vote in the last general election on June 8, 1937, at a special election to be held for the ratification or rejection of this Act on second Tuesday in March, 1938, which election shall be governed by the laws relating to general elections in the State of Georgia.
"The Ordinary of said county shall cause said election to be held as provided above and shall cause ballots to be printed and distributed, ten days before said election date, in conformity with general election laws.
The form of the ballot shall be
"For one Commissioner form of Government
and
Against one Commissioner form of Government."
and the results of said election shall be declared as now provided by law, and this Act shall thereupon become effective."
And moves to amend the caption accordingly and renumber the repealing clause as Section 20.
On the question of agreeing to the Senate amendment to House Bill No. 450, the ayes were 103, the nays 0.
The Senate amendment to House Bill No. 450 was agreed to.
By Mr. Booth of Barrow-
House Bill No. 451. A bill to be entitled an Act to repeal an Act entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Barrow, and for other purposes.
The following Senate amendment to House Bill No. 451 was read:

SATURDAY, FEBRUARY 12, 1938.

1801

By the Senate-

Senator Thrasher of the 27th District moves to amend House Bill No. 451 by adding to the caption thereof the following language: "To provide an effective date for this Act," and by adding to the said bill a new section to be known as Section 3, to read as follows:

"This Act shall become effective only in the event of, and at the time, House Bill No. 450 (A bill to be entitled an Act to create the office of Commissioner of Roads and Revenues in the County of Barrow, etc., and for other purposes) becomes effective; otherwise this Act shall be of no force or effect whatever."

On the question of agreeing to the Senate amendment to House Bill No. 451, the ayes were 104, the nays 0.

The Senate amendment to House Bill No. 451 was agreed to.

By Mr. Reid of Wilcox-

House Bill No. 511. A bill to be entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenues for the County of Wilcox, and for other purposes.

The following Senate amendment to House Bill No. 511 was read:

By the Senate-

The Senate proposes an amendment to the caption and body of

House Bill No. 511, being entitled an Act to amend an Act creat-

ing the Board of Commissioners of Roads and Revenues in and for

Wilcox County and for other purposes, in the following respects,

to-wit:



1. That the caption of said proposed bill be amended by adding between the words and figures "December, 1937," followed by a semicolon and the word "and" in the 26th line of said caption the following words, to-wit:" and to further provide that the allowance per month to the chairman of said board for transportation or traveling expenses shall be twenty-five dollars per month or so much thereof as may be necessary instead of fifty dollars as provided in Section 1 of said Act as approved December 16, 1937";

1802

JouRNAL OF THE HousE,

2. To amend Section 2 of said proposed bill by adding after the last word thereof the following sentence, to-wit: "Be it further enacted that Section 3 of said amending Act approved December 16, 1937, be further amended by striking the figures 'fifty dollars per month' wherever they appear either in words or figures in said section as designating the allowance for transportation or traveling expenses to be received by the chairman of said board and by substituting in lieu thereof the words and figures' twenty-five dollars per month' so that the chairman of said board shall be entitled to receive an allowance of twentyfive dollars per month or so much thereof as may be necessary for transportation or traveling expenses."
On the question of agreeing to the Senate amendment to House Bill No. 511, the ayes were 106, the nays 0.
The Senate amendment to House Bill No. 511 was agreed to.
The following report of the Committee of Conference on Senate Bill No.3 was submitted and read:
Conference Committee on Senate Bill No.3.
The Conference Committee of the House and Senate having had under consideration Senate Bill No.3 beg to report and recommend as follows:
1st. That the House and Senate both recede from their position on House Amendment No. 1 and that the House and Senate both agree that this Amendment be stricken from the original bill.
2nd. That the Senate recede from its position on House Amendment No.2 and both the House and Senate agree that the added section shall be known as Section 11 and the repealing Section shall be known as Section 12.
3rd. That the House and Senate both recede from their positions on House Amendment No.3 and the Senate and House Conference Committee recommend and agree that the Section shall be rewritten and shall be known as Section 10:
Section 10. "In case of a conviction of any defendant in the courts named in this Act he shall have the right of appeal to the

SATURDAY, FEBRUARY 12, t938.

1803

Superior Court. The appeal shall he entered as appeals are now entered from the Court of Ordinary to the Superior Court provided that the Defendant shall he entitled to bail and shall he released from custody upon giving the bond as is provided for appearances in criminal cases in the courts of this State, and such bond shall have the conditions as now appear in appearance bonds in criminal cases. The hearing in the Superior Court shall be a de novo investigation and all proceedings shall be as is now provided by law in the trial of criminal cases."
4th. The 4th Amendment which seeks to strike Section 3 of the Act is in conflict with the 2nd Amendment and with the Constitutional provisions upon which this Act is based. The House recedes from its position on the 4th Amendment and the House and Senate agree that said Amendment shall be stricken. The House and Senate agree that in order to clarify the Act that Section 2 of the original bill shall be rewritten and a new section to be known as Section 2 as follows:
Section 2. "The Court of Ordinary shall have jurisdiction to issue warrants, try cases, and impose sentence thereon in all misdemeanor cases arising under that Act known as the Georgia State Highway Patrol Act of 1937, and other traffic laws of the State, in all counties of this State in which there is no City or County Court, provided the Defendant waives a jury trial. Like jurisdiction is also conferred upon the Judges of the Police Courts in incorporated cities and municipal court judges, for offenses arising within their respective jurisdiction."
Your Committee on Conference recommends that the above report be adopted. This the 12th day of February, 1938.
FoRRESTER of the 44th District,
HARDMAN of the 33rd District,
ATKINSON of the 1st District.
On the part of the Senate.
TRAPNELL of Candler,
HAYES of Miller,
SuTToN of Wilkes.
On the part of the House.

1804

)obRNAt oF i'HE HousE,

Mr. Parker of Colquitt moved the previous question, the call was sustained, and the main question was ordered.

On the adoption of the report of the Committee of Conference on Senate Bill No. 3, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Allison Almand Barlow Barnard Batchelor Beck Bennett Blease Booth Bradley Brewton Brooks of Jackson Brooks of Oglethorpe Brown of Peach Candler Carmichael of Cobb Chappell Clark Clary
Clements Cochran Coleman Corbett Coxon Croker Culpepper of Fayette
Daves Deal Dollar Drake Dukes Dunn Edwards Ellington Elliott Ennis ErWin Evans

Ferguson Freeman Gammage Goff Grayson Gross Groover Grubbs Hampton Hand Harden Harrell of Brooks Harrell of IrWin Harris Hart Harvey Hastings Hayes Hemdon Herrin Hill of Clarke Hodges Hogg Hollis Home Houston Houze Jackson Johnson J one of Bartow Jones of Brantley Jones of Dodge Jones of Elbert Jones of Jenkins Key Kirbo Lanham Lanier Lewallen

LeWis Mankin Manry Marshall MaVity McCracken McCravey McGehee McNall Milam Moore of BaldWin Moore of Haralson Moore of Lumpkin Moore of Taliaferro Morgan Morris Mundy Newby Palmour Parker Perry Philllps Pilcher Pirkle Pound Preston of Walton Ragan Rawlins Rees Reid of Carroll Rowland Sabados Sams Sanders Sapp Sartain Saunders Scruggs Simmons

SATURDAY, FEBRUARY 12, 1938.

1805

Striplin Sutton Swindle Tapp
Tate Trippe

Vickery Walton Ware Watkins Weaver Welsch

Whaley Whipple Whitaker Williams of Jones WUson

Those voting in the negative were Messrs.:

Barrett

Guyton

Those not voting were Messrs.:

Ansley

Flanders

Bargeron

Fowler

Bond

Gary

Bridges

Gavin

Brown of Greene

Hamby

Campbell

Harrison

Carmichael of Randolph Hendrix

Claxton

Hill of Screven

Cogdell

Holt

Cohen

Joel

Culpepper of Mitchell Keel

Dampier

Kendrick

Daughtry

Larsen

Davis

Leonard

Dean

Martin

DeFoor

McGraw

Douglass

Middleton

Drinkard

Miller

Dugas

Moss

Durden

Musgrove

Etheridge

Newton

Field

Oden

Fitts

Patten

Peebles Peters Preston of Bulloch Reid of Wilcox Rountree Salter Smith of Dodge Smith of Henry Smith of Muscogee Spence Taunton Todd Thomas Trapnell Turner Wall Wages Warnell Warnock Williams of Bacon Yeomans Zellner Mr. Speaker

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

On the adoption of the report of the Committee of Conference on Senate Bill No.3, the ayes were 134, the nays 2.

The report of the Committee of Conference on Senate Bill No. 3 was adopted.

Under the order of business established by the Committee on Rules, the following bill of the Senate was taken up for consideration and read the third time:

1806

JouRNAL OF THE HousE,

By Senator Shannon of the 25th District-
Senate Bill No. 87. A bill to be entitled an Act to amend Section 69-101 of the Code of Georgia of 1933, and for other purposes.
The following amendment to Senate Bill No. 87 was read and adopted:
Mr. Marshall of Macon moves to amend Senate Bill No. 87 as follows:
Amends the caption by striking the words and figures "10,000 population or less" wherever they appear in the caption, and inserting in lieu thereof, the words and figures, "population of not more than 2,285 and not less than 2,280."
Amends Section 1 as follows:
By striking the words and figures "10,000 population or less" wherever they appear in the said section, and inserting in lieu thereof, the words and figures, "population of not more than 2,285 and not less than 2,280."
Amends Section 2 by striking Section 2 in its entirety, and inserting in lieu thereof, the following:
"Be it further enacted that all laws and parts of laws in conflict herewith be, and the same are, hereby repealed."
Also, by adding a new Section, numbered 3, providing as follows:
"Be it further enacted that this Act shall apply to all Amendments to Municipal Charters enacted into law prior to the passage of this Act, and all other amendments are hereby reenacted and ratified, as well as future Amendments to Municipal Charters. Provided further that this Act shall apply only to cities of a population of not more than 2,285, nor less than 2,280."
The following amendment to the amendment offered by Mr. Marshall of Macon to Senate Bill No. 87 was read and adopted:
Mr. McGraw of Meriwether moves to amend the Marshall amendment to Senate Bill No. 87 by amending the caption by changing the period and quotation mark at the end of the caption amendment to a comma, and by adding at the end of said

SATURDAY, FEBRUARY 12, 1938.

1807

caption the further words and figures, to-wit, "and also all cities of a population of not less than thirty-six hundred (3600) and not more than thirty-eight hundred (3800) according to the United States census of 1930 or any future census."
And by changing the period and quotation at the end of line four of amendment to section one to a comma, and by adding at the end thereof the words and figures as follows "and also cities of a population of not less than thirty-six hundred (3600) and not more than thirty-eight hundred (3800) according to the United States census of 1930 or any future census."
And by striking the period at the end of the new section 3 and inserting a comma and adding the following words and figures "and also all cities of a population of not less than thirty-six hundred (3600) and not more than thirty-eight hundred (3800) according to the United States census of 1930 or any future census. "
The amendment, as amended, was adopted.
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 103, the nays 4.
The bill having received the requisite constitutional majority was passed, as amended.
The following report of the Committee of Conference on Senate Bill No. 37, known as the Military Bill, was submitted and read:
Conference Committee Report.
Mr. Speaker:
We, your Committee on Conference, appointed to consider the House amendments to Senate Bill No. 37, known as the Military Bill, have had the same under consideration and make the following recommendations:
We recommend that the Senate recede from its position on the House amendment to Section 3, line 14 regarding the age of the Adjutant General.

1808

JouRNAL oF THE HousE,

We further recommend that the House recede from its position on the House amendment regarding the number of lieutenant colonels to be appointed by the Governor.

Respectfully submitted this February 12, 1938,

WHITEHEAD of the 30th District,

CHASON of the 8th District,

BuRRELL of the 40th District.

On the part of the Senate.

JONES of Elbert,

PALMOUR of Hall,

MAVITY of Walker.

On the part of the House.

Mr. Grayson of Chatham moved the previous question, the call was sustained, and the main question was ordered.

On the adoption of the report of the Committee of Conference, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:

Adams

Cochran

Allison

Cohen

Almand

Coleman

Bargeron

Corbett

Barlow

Coxon

Barnard

Croker

Bennett

Daves

Booth

DaVis

Bradley

Deal

Brewton

Dollar

Brooks of Jackson

Drake

Brooks of Oglethorpe Dugas

Campbell

Dukes

Candler

Edwards

Carmichael of Cobb

Ell1ngton

Carmichael of Randolph Ennis

Chappell

Erwin

Clark

Ferguson

Clary

Fowler

Clements

Freeman

Gammage Goff Grayson
Gross Groover Grubbs Hamby Hampton Harrell of Brooks Harrell of Irwin Harris Hart Harvey Hastings Hayes Hemdon Herrin Hill of Clarke Hodges Hogg

SATURDAY, FEBRUARY 12, 1938.

1809

Hollis Home Houston Houze .Jackson .Johnson .Jones of Bartow .Jones of Brantley .Jones of Dodge .Jones of Elbert .Jones of .Jenkins Key Kirbo Lanham Lanier Larsen Lewallen Lewis Mankin Manry Marshall Mavity McCracken McGehee McGraw McNall Milam

Moore of Baldwin Moore of Haralson Moore of Lumpkin Moore of Taliaferro Morgan MundY Newby Palmour Parker Patten Perry Pbillips Pilcher Pirkle Pound Preston of Walton Ragan Rawlins Reid of Carroll Rowland Sabados Sams Sanders Sapp
Sartain Saunders

Scruggs Simmons Smith of Henry Striplin Sutton Swindle Tapp Tate Taunton Todd Thomas Trippe Vickery Wall Walton Ware Warnock Watkins Welsch Whaley Whipple Wltitaker Williams of .Jones Wilson Yeomans Zellner

Those voting in the negative were Messrs.:

Brown of Peach Dunn

Evans Guyton

McCravey

Those not voting were Messrs.:

Ansley Barrett Batchelor Beck Blease Bond Bridges Brown of Greene Claxton Cogdell Culpepper of Fayette Culpepper of Mitchell Dampier Daughtry

Dean DeFoor Douglass Drinkard Durden Elliott Etheridge Field Fitts Flanders Gary
Gavin Hand Harden

Harrison Hendrix Hill of Screven Holt .Joel Keel Kendrick Leonard Martin Middleton Miller Morris Moss Musgrove

1810

JouRNAL-oF THE HousE,

Newton Oden Peebles Peters Preston of Bulloch Rees Reid of Wilcox

Rountree Salter Smith of Dodge Smith of Muscogee Spence Trapnell

Turner Wages Warnell Weaver Williams of Bacon Mr. Speaker

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

On the adoption of the report of the Committee of Conference, the ayes were 139, the nays 5.

The report of the Committee of Conference on Senate Bill No. 37 was adopted.

The following resolution was taken up for the purpose of considering the Senate amendment thereto:

By Mr. Key of Jasper-

House Resolution No. 32-128a. A resolution providing for an appropriation for operation of the State Radio Commission, and for other purposes.

The following Senate amendment to House Resolution No. 32-128a was read:

By the Senate-

Senator Lindsay of the 34th District moves to amend House Resolution No. 32-128e as follows: By adding at the end of the second paragraph of said resolution the following words: "As specifically set forth in the Act approved March 30, 1937, establishing said Radio Commission."

Mr. Key of Jasper moved that the House agree to the Senate amendment to House Resolution No. 32-128a.

On the motion to agree to the Senate amendment, Mr. Bennett of Ware moved the ayes and nays, and the call was sustained.

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

SATURDAY, FEBRUARY 12, 1938.

1811

Those voting in the affirmative were Messrs.:

Adams Allison Bargeron Barlow Barnard Beck Bennett Booth Bradley Brewton Brooks of Jackson Brooks of Oglethorpe Brown of Greene Candler Chappell Cochran Coleman Corbett Croker Culpepper of Mitchell Daves Davis Deal Dollar Drake Dugas Dukes Edwards Ellington Ennis Ferguson Fitts Fowler Freeman Gammage Goff Grayson Gross Groover

Hamby Hampton Hand Harrell of Brooks Harrell of Irwin Harris Harrison Hart Harvey Hastings Herndon Hodges Hogg Hollis Home Houston Houze Jackson Johnson Jones of Dodge Jones of Jenkins Key Kirbo Lanier Larsen Lewis Manry Marshall Mavity McCracken McGehee McGraw Milam Moore of Baldwin Moore of Haralson Moore of Lumpkin Moore of Taliaferro Morgan Mundy

Patten Perry
Pilcher Pirkle Pound Preston of Walton Ragan Rawlins Reid of Carroll Rowland Sams Sanders Sapp Sartain Saunders Scruggs Simmons Smith of Henry Sutton Tapp Tate Taunton Todd Trippe
Vickenr Wall Walton Ware Warnock watkins Welsch Whaley Whipple Whitaker Williams of Bacon Williams of Jones Wilson Yeomans Zellner

Those voting in the negative were Messrs.:

Barrett Blease Brown of Peach Campbell Carmichael of Cobb Cohen

Culpepper of Fayette Dean Erwin Evans Guyton
Harden

Herrin Jones of BrantleY McCravey Morris Sabados Weaver

1812

JouRNAL OF THE HousE,

Those not voting were Messrs.:

Almand

Gavin

Ansley

Grubbs

Batchelor

Hayes

Bond

Hendrix

Bridges

Hill of Olarke

Carmichael of Randolph Hill of Screven

Olark

Holt

Olary

Joel

Olaxton

Jones of Bartow

Clements

Jones of Elbert

Cogdell

Keel

Coxon

Kendrick

Dampier

Lanham

Daughtry

Leonard

DeFoor

Lewallen

Douglass

Mankin

Drinkard

Martin

Dunn

McNall

Durden

Middleton

Elliott

MJller

Etheridge

Moss

Field

Musgrove

Flanders

Newby

Gary

Newton Oden Palmour Parker Peebles Peters Phillips Preston of Bulloch Rees Reid of Wilcox Rountree Salter Smith of Dodge Smith of Muscogee Spence Striplin Swindle Thomas Trapnell Turner Wages Warnell Mr. Speaker

Bv unanimous consent, the verification of the roll call was disp~nsed with.

On the motion to agree to the Senate amendment to House Resolution No. 32-128a, the ayes were 117, the nays 18.

The Senate amendment was agreed to.
The following bill of the House was taken up for the purpose of considering the Senate amendment thereto:

By Messrs. Deal of Bulloch, Bennett of Ware, and Coleman of Lowndes-
House Bill No. 506. A bill to be entitled an Act to amend the General Tax Act to provide for a tax on auctioneers for the sale of certain products and commodities, and for other purposes.
Senate Amendment No. 1 to House Bill No. 506 was read:

SATURi)AY, FEBRtlAltY 12, 1938.

1813

By the Senate-
The Senate moves to amend House Bill No. 506 by adding a section to be known as Section 3, which section shall read as follows:
"Sec. 3. Be it further enacted by the authority aforesaid that the tax paid crowns affixed to bottles or cans containing malt beverages shall be at the rate of two (2) cents for each can or bottle containing twelve (12) fluid ounces or proportionally thereof, so as to graduate the tax on bottles or cans of various sizes, and that the caption of the bill be amended so as to correspond with Section 3 of this Act."
"Sec. 4. Be it further enacted by the authority aforesaid that all laws and parts of law in conflict with this Act be and the same are hereby repealed."
Mr. Bennett of Ware moved that the House agree to Senate Amendment No. 1 to House Bill No. 506.
On the motion to agree, the ayes were 115, the nays 3.
The Senate amendment was agreed to.
Senate Amendment No.2 to House Bill No. 506 was read:
By the Senate-
Committee moves to amend House Bill No. 506 by adding a new section to be designated as Section 2 and present Section 2 be designated as Section 3 and to read as follows:
That an Act of the General Assembly of 1935 known as the General Tax Act of Georgia be and the same is hereby amended as follows: Section 2, Paragraph 42 which provides for a tax of $25.00 per week on each separate tent or enclosure on street carnivals or merry-go-rounds be amended by adding at the end of said paragraph the following provisions:
"Provided that on fairs conducted by counties, municipalities or by legally incorporated associations or organizations, with paid in subscriptions of not less than One Thousand Dollars as capital stock, engaged solely in promoting and advancing farming and livestock interest of the State, there shall be a tax of

1814

JouRNAL or THE Hous:E,

only Twenty-five Dollars, which shall cover all of the separate tents or enclosures on the fair grounds and provided further, that no show or carnival company shall be permitted to operate except under a bona fide contract with the above described organizations and in connection with the display of farm and livestock products and such fairs or organizations shall not more than once annually be permitted the privilege of carnival company contracts. Provided, further, that any carnival company operating independently or in any way contrary to this Act, shall be subject to such tax as heretofore provided in Section 2 of the General Tax Act.

Sec. 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Welsch of Cobb moved the previous question, the call was sustained, and the main question was ordered.

On the question of agreeing to Senate Amendment No. 2, Mr. Taunton of Taylor 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 Barlow Barnard Barrett Bennett Blease Booth Brewton Brooks of :Jackson Brooks of Oglethorpe Brown of Greene Candler Chappell Clark Clary Cochran Cohen Coleman Corbett Coxon

Culpepper of Mitchell Deal Dugas Ellington Ennis Ferguson Fowler Gammage Gra:vson Gross Grubbs Hamby Hampton Hand Harrell of Brooks Harrell of Irwin Harris Hastings Hodges Hollis

Home Houze :Johnson :Jones of Elbert :Jones of :Jenkins Ke:v Kirbo Lanham Lanier Larsen Lewallen LeWis Manry
Marshall Mavity
McNall Milam Moore of BaldWin Moore of Haralson Moore of Taliaferro

SATURDAY, FEBRUARY 12, 1938.

1815

Morris Parker Patten Perry Pound Preston of Walton Ragan Rawlins Sams Sartain Scruggs Simmons

Swindle Tate Taunton Todd Thomas Trapnell Trippe Turner Vickery Wall Walton

Warnock Watkins Weaver Welsch Whaley Whipple Whitaker Williams of Bacon Williams of Jones Wilson Yeomans

Those voting in the negative were Messrs.:

Adams

Goff

Allison

Groover

Beck

Harrison

Brown of Peach

Hayes

Campbell

Herndon

Carmichael of Cobb

Herrin

Carmichael of Randolph Jackson

Clements

Jones of Bartow

Culpepper of Fayette Jones of Brantley

Davis

Kendrick

Dean

McCracken

Drake

McCravey

Dukes

McGraw

Dunn

Moore of Lumpkin

Elliott

Morgan

Erwin

Newby

Evans

Palmour

Fitts

Phillips

Pilcher Pirkle Preston of Bulloch Rees Reid of Carroll Rowland Sabados Sanders Sapp Saunders Smith of Henry Smith of Muscogee Striplin Sutton Tapp Ware Zellner

Those not voting were Messrs.:

Ansley Bargeron Batchelor Bond Bradley Bridges Claxton Cogdell Croker Dampier Daughtry
Daves DeFoor

Dollar Douglass Drinkard Durden Edwards Etheridge Field Flanders Freeman
Gary
GaVin Guyton Harden

Hart Harvey Hendrix Hill of Clarke Hill of Screven Hogg Holt Houston Joel Jones of Dodge Keel Leonard Mankin

1816

JouRNAL oF THE HousE,

Martin McGehee Middleton Miller Moss Mundy Musgrove

Newton Oden Peebles Peters Reid of Wilcox Rountree

Salter Smith of Dodge Spence Wages Warnell Mr. Speaker

On the question of agreeing to Senate Amendment No. 2 to House Bill No. 506, the ayes were 94, the nays 53.

The Senate amendment was disagreed to.

The following report of the Committee of Conference on House Bill No. 242, a bill to authorize the State Highway Board to match Federal funds for Rural Post Roads, was submitted and read:

Mr. Speaker and Mr. President:

Your Committee of Conference appointed to consider House Bill No. 242 begs leave to submit the following report:

Your committee recommends that the House recede from its action in disagreeing to the Senate amendment.

Respectfully submitted,

GRoss of Stephens,

MooRE of Lumpkin,

BREWTON of Evans.

On the part of the House.

MILLICAN of the 52nd District,

PHILLIPS of the 29th District,

GRINER of the 45th District.

On the part of the Senate.

On the question of agreeing to the report of the Committee of Conference on House Bill No. 242, Mr. Gross of Stephens moved the ayes and nays, and the call was sustained.

SATURDAY, FEBRUARY 12, 1938.

1817

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

Those voting in the affirmative were Messrs.:

Adams

Hampton

Allison

Hand

Almand

Harrell of Brooks

Barlow

Harrell of Irwin

Barnard

Harris

Barrett

Harrison

Bennett

Hart

Booth

Harvey

Bradley

Hayes

Brewton

Herndon

Brooks of Jackson

Herrin

Brooks of Oglethorpe Hill of Clarke

Brown of Greene

Hodges

Candler

Hollis

Carmichael of Cobb

Home

Carmichael of Randolph Houston

Chappell

Houze

Clark

Jackson

Clary

Johnson

Clements

Jones of Bartow

Cochran

Jones of Dodge

Coleman

Jones of Elbert

Corbett

Jones of Jenkins

Coxon

Key

Croker

Kirbo

Daves

Lanham

Deal

Lanier

Dean

Lewallen

Drake

Lewis

Dugas

Manry

Dukes

Marshall

Elliott

Mavity

Ennis

McCracken

Ferguson

McCravey

Fitts

McGraw

Fowler

McNall

Freeman

Milam

Gammage

Moore of Baldwin

Goff

Moore of Haralson

Grayson

Moore of Lumpkin

Gross

Moore of Taliaferro

Groover

Morgan

Grubbs

Morris

Hamby

Mundy

Newby Palmour Parker Patten Perry Phillips Pilcher Pirkle Pound Preston of Walton Ragan Rawlins Rees Reid of Carroll Sabados Sams Sanders Sapp Sartain Saunders Scruggs Simmons Smith of Henry Smith of Muscogee Striplin Sutton Swindle Tate Taunton Todd Thomas Trapnell Trippe Turner Vickery Wall Walton Ware Warnock Watkins Weaver Welsch Whaley Whipple

1818

JOURNAL OF THE HoUSE:,

Whitaker Williams of Bacon

Williams of Jones Yeomans

Zellner

Those voting in the negative were Messrs.:

Beck Brown of Peach DaVis

Evans Jones of Brantley

Rowland Wilson

Those not voting were Messrs.:

Ansley Bargeron Batchelor Blease Bond Bridges Campbell Claxton Cogdell Cohen Culpepper of Fayette Culpepper of Mitchell Dampier Daughtry
DeFoor Dollar Douglass Drinkard Dunn Durden Edwards

Ellington Erwin Etheridge
Field Flanders Gary
GaVin Guyton
Harden Hastings Hendrix Hill of Screven Hogg
Holt Joel Keel Kendrick Larsen Leonard Mankin

Martin McGehee Middleton Miller Moss Musgrove Newton Oden Peebles Peters Preston of Bulloch Reid of Wilcox Rountree Salter Smith of Dodge Spence Tapp
Wages Warnell Mr. Speaker

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

On the question of agreeing to the report of the Committee of Conference on House Bill No. 242, the ayes were 137, the nays 7.

The report of the Committee of Conference was agreed to.

The following report of the Committee of Conference on House Bill No. 204, known as the Uniform Warehouse Receipts Bill, was submitted and read:

Mr. President and Mr. Speaker:

Your Committee on Conference on House Bill No. 204 have agreed upon the following and recommend its adoption:

SATURDAY, FEBRUARY 12, 1938.

1819

That the House and the Senate recede from the Senate amendment to Section 2 of said Act and that a new section, to read as follows, be adopted:
"Sec. 2. The law with reference to the obligation of the warehouseman to insure, in the absence of a request to insure by the owner or depositor of the goods, and the presumption of the existence of such insurance, shall remain as now provided by law."
We further recommend that the Senate recede from its second amendment and that with the exception above the bill pass as originally passed by the House.
Respectfully submitted, this February 12, 1938.
PARKER of Colquitt,
LANHAM of Floyd,
JONES of Bartow.
On the part of the House.
CLEMENTS of the 9th District,
HoRNE of the lOth District,
GRINER of the 45th District.
On the part of the Senate.
Mr. Houston of Worth moved that the House agree to the report of the Committee of Conference on House Bill No. 204.
On the motion to agree to the report of the Committee of Conference on House Bill No. 204, the ayes were 113, the nays 2.
The report of the Committee of Conference was agreed to.
Under the order of business established by the Committee on Rules, the following bills of the Senate were taken up for consideration and read the third time:
By Senators Lindsay of the 34th District, Jackson of the 14th District, and Pope of the 7th District-
Senate Bill No. 133. A bill to be entitled an Act to authorize



1820

JouRNAL oF THE HousE,

the State Highway Board to execute lease contracts granting easements on the rights of way, and for other purposes.
Mr. Grayson of Chatham moved the previous question, the call was sustained, and the main question was ordered.
The following amendment to Senate Bill No. 133 was read and adopted:
Mr. Booth of Barrow moves to amend Senate Bill No. 133, Section 1, at the end thereof by striking the period after "whatever" and inserting a comma and adding the following:

"Nor with the full enjoyment of rights or easements or license granted to or acquired by public service corporations."

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 roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Allison

Freeman

Almand

Gammage

Barrett

Gross

Beck

Groover

Bennett

Grubbs

Booth

Hamby

Brewton

Hampton

Campbell

Harrell of Brooks

Candler

Harrell of Irwin

Carmichael of Randolph Harvey

Chappell

Hastings

Clary

Hayes

Coleman

Herndon

Corbett

Herrin

Coxon

Hill of Clarke

Daves

Hodges

Deal

Hollis

Dean

Home

Dunn

Houston

Edwards

Houze

Ennis

Johnson

JNtts

Jones of Dodge

Jones of Elbert Jones of Jenkins Kendrick Key Lanham Lanier Larsen Lewis Mankin Manr:v Marshall McCracken McGraw Milam Moore of Baldwin Moore of Lumpkin Moore of Taliaferro Mundy Palmour Parker Perr;v Phillips

SATURDAY, FEBRUARY 12, 1938.

1821

Pirkle Pound Preston of Walton Ragan Rees Sams Sanders Sapp

Saunders Simmons Striplin Sutton Tapp Thomas Trippe Turner

ViCXel7 Wall Walton Ware Whaley Whitaker Williams of Jones

Those voting in the negative were Messrs.:

Adams Barlow Brooks of Oglethorpe Brown of Peach Carmichael of Cobb Clark Cohen Culpepper of Fayette Dugas Dukes Elliott Evans Ferguson Grayson Harris

Harrison Jackson Jones of Bartow Jones of Brantley Kirbo Lewallen Mavity McCravey McNall Moore of Haralson Morgan Newby Patten Pilcher Rowland

Sabados Sartain Scruggs Swindle Tate Warnock Watkins Weaver Welsch Whipple Williams of Bacon Wilson Yeomans Zellner

Those not voting were Messrs.:

Ansley Bargeron Barnard Batchelor Blease Bond Bradley Bridges Brooks of Jackson Brown of Greene Claxton Clements Cochran Cogdell Croker Culpepper of Mitchell Dampier Daughtry Davis DeFoor

Dollar Douglass Drake Drinkard Durden Ellington Erwin Etheridge Field Flanders Fowler
Gary
Gavin Goff GuYton Hand Harden Hart Hendrix Hill of Screven

Hogg Holt Joel Keel Leonard Martin McGehee Middleton Miller Morris Moss Musgrove Newton Oden Peebles Peters Preston of Bulloch Rawlins Reid of Carroll Reid of Wilcox

1822

JouRNAL oF THE HousE,

Rountree Salter Smith of Dodge Smith of Henry

Smith of Muscogee Spence Taunton Todd

Trapnell Wages Warnell Mr. Speaker

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

On the passage of the bill, as amended, the ayes were 89, the nays 44.

The bill having failed to receive the requisite constitutional majority was lost.

By Senators Purdom of the 46th District, Atkinson of the 1st District, and Lindsay of the 34th District-

Senate Bill No. 64. A bill to be entitled an Act providing that in all cases in which a defendant is sentenced to electrocution, the trial judge must direct sentence be executed by State Board of Penal Administration, and for other purposes.

Mr. Barlow of Colquitt moved the previous question, the call was sustained, and the main question was ordered.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 110, the nays 0.

The bill having received the requisite constitutional majority was passed.

By Senators Pope of the 7th District, Atkinson of the 1st District, Jackson of the 14th District, and Phillips of the 29th District-

Senate Bill No. 114. A bill to be entitled an Act to provide for confirmation by the Senate of appointees of the Governor for Public Office, and for other purposes.

The following amendment to Senate Bill No. 114 was read and adopted:

Mr. Coleman of Lowndes moves to amend Senate Bill No. 114 by adding to Section 2 at the end of said section the following:

SATURDAY, FEBRUARY 12, 1938.

1823

"Provided that all members of all boards, commissions and bureaus as well as other appointees authorized by law to be made by the Governor, and not submitted to or confirmed by the State Senate since January 1, 1937, or at this special session of 19371938, shall automatically cease to hold such office and the same shall be vacant and it shall be the duty of the Governor to fill such vacancy by appointment and approval as herein provided, upon the approval of this Act; and provided further that the provisions of this Act shall not apply to appointments made to county, circuit or district offices to fill vacancies temporarily pending the holding of elections to fill local vacancies."

Mr. Smith of Muscogee moved the previous question, the call was sustained, and the main question was ordered.
Mr. Lewis of Burke moved that the bill be tabled, and the motion was lost.

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

On the passage of the bill, as amended, Mr. Coleman of Lowndes 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

Coxon

Allison

Croker

Almand

Culpepper of Mitchell

Barlow

Daves

Barnard

Davis

Beck

Deal

Bennett

Dollar

Bradley

Drake

Brewton

Dugas

Brooks of Jackson

Edwards

Brown of Greene

Ellington

Candler

Ennis

Carmichael of Cobb

Ferguson

Carmichael of Randolph Fitts

Chappell

Freeman

Cochran

Gammage

Coleman

Grayson

Corbett

Gross

Grubbs Hamby Hampton Hand Harrell of Brooks Harrell of Irwin Harris Harrison Hart Harvey Hastings Hayes Hill of Clarke Hodges Hollis Houston Houze Jackson

1824

JouRNAL OF THE HousE,

Johnson Jones of Bartow Jones of Dodge Jones of Jenkins Kendrick Key
Kirbo Lanier Larsen Mankin
Manry
Marshall McCracken McGraw McNall Milam Moore of Baldwin Moore of Lumpkin Moore of Taliaferro Morgan

Morris Mundy Newby Parker Patten Perry Phillips Pirkle Pound Preston of Walton Ragan Rees Rowland Sams Sanders Sapp
Sartain Saunders Simmons Smith of Muscogee

Striplin Sutton SWindle Tapp Taunton Todd Thomas Trippe
Turner Vickery Wall Walton Ware Watkins Welsch Whipple Whitaker Williams of Jones Wilson Yeomans

Those voting in the negative were Messrs.:

Barrett Brown of Peach Cohen Dukes Dunn Elliott Erwin Evans Herrin

Horne Jones of Brantley Jones of Elbert Lanham Lewallen Lewis McCravey Moore of Haralson Pilcher

Reid of Carroll Sabados Scruggs Tate Warnock Weaver Whaley Williams of Bacon Zellner

Those not voting were Messrs.:

Ansley Bargeron Batchelor Blease Bond Booth Bridges Brooks of Oglethorpe Campbell Clark Clary Claxton Clements Cogdell

Culpepper of Fayette Dampier Daughtry Dean DeFoor Douglass Drinkard Durden Etheridge Field Flanders Fowler Gary
Gavin

Goff Groover GUYton Harden Hendrix Herndon Hill of Screven Hogg Holt Joel Keel Leonard Martin MavitY

SATURDA~ FEBRUARY 12, 1938.

1825

McGehee Middleton Miller Moss Musgrove Newton Oden Palmour

Peebles Peters Preston of Bulloch Rawlins Reid of Wilcox Rountree Salter

Smith of Dodge Smith of Henry Spence Trapnell Wages Warnell Mr. Speaker

The roll call was verified.

On the passage of the bill, as amended, the ayes were 114, the nays 27.

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

The following resolutions of the House were read and adopted:

By Messrs. Sutton of Wilkes, Grayson of Chatham, and others-

House Resolution No. 193.

A RESOLUTION

Be it resolved by the House that the Clerk notify the Senate that the House has completed its deliberations and is ready to adjourn sine die.

By Messrs. Sutton of Wilkes, Grayson of Chatham, and others-

House Resolution No. 194.

A RESOLUTION

Be it resolved by the House, the Senate concurring, that a committee of five, three to be appointed by the Speaker of the House and two to be appointed by the President of the Senate respectively, be named to notify the Governor that the General Assembly has completed its deliberations and stands ready to adjourn sine die.

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

Mr. Speaker:
The Senate has adopted the report of the Conference Committee on the following bill of the House, to-wit:

1826

JouRNAL OF THE HousE,

By Mr. Parker of Colquitt-
House Bill No. 204. A bill providing for a Uniform Warehouse Receipts Law, 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 House, to-wit:
By Messrs. Ferguson and Chappell of Sumter-
House Resolution No. 165. A resolution authorizing the State Highway Board to name the bridge now being constructed on the Crisp Military Highway the "General Howell Cobb and Captain John Addison Cobb Memorial Br~dge," and for other purposes.
The Senate has agreed to the House amendment to the following bill of the Senate, to-wit:
By Senator Shannon of the 21st District-
Senate Bill No. 87. A bill amending Section 69-101 of the 1933 Code, and for other purposes.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:
Mr. Speaker:
The Senate has receded from its posltton on Senate amendment, known as Senate Amendment No.2, to the following bill of the House, to-wit:
By Messrs. Deal of Bulloch, Bennett of Ware, and Coleman of Lowndes-
House Bill No. 506. A bill amending the General Tax Act to provide for a tax on auctioneers for the sale of certain products and commodities, and for other purposes.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:

SATURDAY, FEBRUARY 12, 1938.

1827

Mr. Speaker:
The Senate has adopted the report of the Committees of Conference on the following bills of the Senate and House, to-wit:
By Senators Whitehead of the 30th District and Williams of the 5th District-
Senate Bill No. 37. A bill to amend Title 86 (Public Defense) of the 1933 Code and all laws pertaining thereto, and for other purposes.
By Mr. Corbett of Atkinson-
House Bill No. 161. A bill known as the Rolling Store Tax Act, 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 resolutions of the House, to-wit:
By Mr. Dugas of White-
House Resolution No. 178. A resolution naming the Highway now being built from Cleveland to Hiawassee in honor of Hon. Thomas M. Bell, and for other purposes.
By Messrs. Joel of Clarke, Weaver of Bibb, and others-
House Resolution No. 184. -A resolution paying tribute to the Hon. Crawford W. Long and Hon. Alexander H. Stephens by honoring their birthdays each year, and for other purposes.
By Messrs. Candler of DeKalb and Beck of Carroll-
House Resolution No. 185. A resolution appointing a commission to form a Hoke Smitli Memorial Association to undertake ways and means of planning and building a suitable monument to the late Senator Hoke Smith, and for other purposes.
By Messrs. Lanier and Harris of Richmond-
House Resolution No. 188. A resolution expressing the appre-

1828

JouRNAL oF THE HousE,

ciation of the General Assembly to Mr. Bryan B. Taggart for his gift to the University of Georgia School of Medicine, and for other purposes.
By Messrs. Booth of Barrow and Houze of Lowndes-
House Resolution No. 189. A resolution directing the Department of Wild Life to refund the license fees to the wholesale sea food dealers of this State, and for other purposes.
By Messrs. Freeman of Bibb, Gross of Stephens, and Marshall of Macon-
House Resolution No. 190. A resolution authorizing the Governor to name a statewide commission to direct the activities of Georgia in the word-wide expositions to beheld in New York and San Francisco in 1939, and for other purposes.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:
Mr. Speaker:
The Senate has adopted the House amendment to the following hill of the Senate:
By Senator Pope of the 7th District and others-
Senate Bill No. 114. A hill providing for the confirmation by the Senate of all appointees made by the Governor.
The Speaker appointed as a committee on the part of the House, to notify the Governor that the General Assembly is ready to adjourn sine die, the following members of the House:
Messrs. Deal of Bulloch,
Hogg of Marion, and
Moore of Lumpkin.
Mr. Gross of Stephens arose i:o a question of personal pnvtlege and addressed the House.
Mr. Carmichael of Cobb arose to a question of personal privilege and addressed the House.
The following report was read:

SATURDAY, FEBRUARY 12, 1938.

1829

Mr. Speaker:
Your committee named under House Resolution No. 170 for the purpose of conducting an investigation to determine the number, source, and cost of certain letters presumptively written by W. W. Webb and mailed to numbers of aged people throughout the State requesting said persons to communicate with their representatives and urging them to vote for whatever tax measures should be sponsored by Governor E. D. Rivers, and urging the receivers of said letters to be sure to register in order that they might cast their votes for Governor Rivers and his friends in the coming election, beg leave to submit the following report:
Your committee subpoenaed and examined the following
witness~s:
Lamar Murdaugh, Director of the Department of Public Welfare.
Mrs. Jane Kytle, Secretary to Mr. W. W. Webb, in the division of Old Age Assistance of the Department of Public Welfare.
John R. Smith, in charge of the mailing and stock room in the Department of Public Welfare.
C. A. Doolittle, Director of the Division of Accounts and Finances of the Department of Public Welfare.
~mily Owens, Stenographer in the Executive Department of the Department of Public Welfare.
Mrs. Georgianna Rudder, Secretary in the division of Public Assistance of the Department of Public Welfare.
Marie Vaughn, Director of the Department of Public Welfare of Bartow County.
Mrs. Christine Hutcheson, Director of the Department of Public Welfare of Cobb County.
Wiley Tucker, of the Williams Printing Company, Atlanta.
Price Howard, reporter for the Associated Press.
Your committee was greatly hampered in its investigation by reason of the absence from the City of Atlanta, and from the

1830

JouRNAL OF THE HousE,

State of Georgia of Mr. W. W. Webb, the Director of the Division of Old Age Assistance of the Department of Public Welfare, and the president of the Georgia Old Age Pension Club, Mr. Webb being the presumptive author of the letters in question. Your committee finds that Mr. Webb left the City of Atlanta sometime during the afternoon of February 4, 1938, the same being the date on which the resolution naming your committee was adopted by the House of Representatives. Your committee finds that Mr. Webb since that date has been in the State of Florida and has continuously been beyond the subpoena power of your committee. Many questions relative to said letters remain unanswered because of the inability of your committee to examine Mr. Webb. Information reaching your committee through indirect sources is that Mr. Webb left the State because of poor health.
Your committee finds:
That Fifty-four Thousand (54,000) copies of the letters in question (a specimen of which is attached hereto and made a part of this report) were printed on January 28, 1938, by the Williams Printing Company, Rhodes Building, Atlanta.
Twenty-five Thousand (25,000) of said letters bore date of January 29, 1938, and Twenty-nine Thousand (29,000) of said letters bore date of January 31, 1938, and Four Thousand (4,000) additional copies were ordered January 31, 1938, and in each instance the order was made by telephone by a lady who St\lted to Mr. Wiley Tucker of Williams Printing Company that she was calling from Mr. W. W. Webb's office, in the Department of Public Welfare, in the Hurt Building. The identity of this lady was not disclosed to Mr. Tucker.
The first order referred to was placed as a" rush" order, request being made for delivery of 50,000 copies on January 28, 1938.
Mrs. Jane Kytle, Secretary to Mr. Webb in the Old Age Assistance Division of the Department of Public Welfare, testified that Mr. Webb placed the order as President of the Georgia Old Age Pension Club, and that the original letter from which copies were made, was written by Mr. \Vebb. She stated, however, that she never saw the letter until after it was mailed.

SATURDAY, FEBRUARY 12, 1938.

1831

Mr. Wiley Tucker who received the order for Williams Printing Company testified that the order was placed by a lady by means of a local telephone call and that immediately thereafter the original copy of said letter was delivered to him in the Rhodes Building by messenger.
Your committee finds that on the day the order was placed, Mr. Webb was in Hahira, Georgia, and that he had not been in the office of the Department of Public Welfare in Atlanta for several days prior to January 27, 1938, with the exception of a few hours during the morning of January 24, 1938.
Your committee finds the same unidentified person who placed the order for letters also ordered in the same manner 50,000 envelopes from the Williams Printing Company, and directed that the envelopes be delivered to the offices of the Department of Public Welfare in the Hurt Building, Atlanta. Fifty thousand envelopes were delivered to the offices of the Department of Public Welfare by Williams Printing Company on the morning of January 28, 1938, at about 9:00 A. M. The Georgia Old Age Pension Club does not maintain an office in the Hurt Building.
Your committee finds that 50,000 of the letters in question were called for by a man with a truck on January 28, 1938, at about 6:00 P. M. and were delivered by the Williams Printing Company to him. The remaining 4,000 letters were so delivered on Monday, January 31, 1938. The identity of the receiver of these letters is unknown; neither is it known where the letters were taken.
Your committee finds that approximately 25,000 of the envelopes in which the letters in question were mailed were addressed by stenographic employees of the various divisions of the Department of Public Welfare and the work was done in the offices of the Department of Public Welfare, Hurt Building, Atlanta. These stenographers were approximately twelve in number and were at that time employed in the following divisions of the Department of Public Welfare:
The Executive Department.
The Public Assistance Division.

1832

JouRNAL OF THE HotrsE,

The Old Age Assistance Division.
The Child Welfare Division.
The C. C. C. Division.
The Auditing Division.
These stenographers were assisted by John R. Smith who is in charge of the mailing department, and by Mrs. Jane Kytle, Secretary to Mr. Webb. This work was done after 5:00 P. M. Friday, January 28, 1938, and on Saturday, January 29, 1938, the latter being a holiday in the Department of Public Welfare.
Your committee finds that in addressing said envelopes equiPment belonging to the State of Georgia was used.
Your committee has been unable to account for the addressing of the remainder of approximately 30,000 envelopes. There is an Addressograph machine in the Department of Public Welfare, the use of which is available to all divisions of said Department, though your committee has no evidence that said machine was used in this connection.
Your committee finds that the mailing lists used in addressing these envelopes which were addressed by stenographers in the Department of Public Welfare were furnished to the stenographers by Mrs. Jane Kyde and it was at Mrs. Kytle's request, with Mr. Murdaugh's approval, that these stenographers did this work. Mrs. Kytle's sole employment is with the Department of Public Welfare.
These mailing lists were compiled by counties, there being a separate list furnished these stenographers for each county, and Mrs. Kytle obtained these mailing lists from Mr. Murdaugh, the Director of the Department of Public Welfare, and from Mr. Doolittle, the head of the Accounting Department. Your committee further finds that these lists used by these stenographers carried only names of white applicants fbr old age pensions, and that these lists were compiled for this purpose from county lists received in the Department of Public Welfare in response to telegraphic requests directed to various county welfare directors by Mr. Murdaugh on the morning of January 28, 1938, said telegrams directing each of the county heads to

SATURDAY, FEBRUARY 12, 1938.

1833

furnish Mr. Murdaugh immediately the names and addresses of all white applicants for old age pensions not yet receiving benefits. Some of these lists were received from the county directors by Mr. Murdaugh and some were received by Mr. Doolittle, but all of them were delivered to Mrs. Kytle who in turn delivered them to the stenographers who typed the addresses on the envelopes.
After these approximately 25,000 envelopes had been addressed, Mrs. Kytle's testimony shows that s~e left the envelopes in the offices of the Department of Public Welfare where they had been addressed, and she further testified that she has no knowledge of the disposition of the envelopes thereafter. Mr. Smith, the head of the mailing department, testified that Mrs. Kytle had two men to take the envelopes away and that part of the envelopes were taken away from the offices of the Department of Public Welfare the morning of January 29, 1938, and the remainder were removed in the afternoon of the same- day. Mr. Doolittle, the head of the Accounting Department, who was also present at the time of the typing, testified that Mr. Smith handled the envelopes after they were typed.
Your committee finds that the letters in question were mailed to white applicants for old age pensions and persons now on the pension rolls of the Department of Public Welfare.
Postage stamps of 1;4 denomination were used for mailing the letters. Approximately 54,000 letters were mailed, thereby requiring a total of approximately $810.00 for postage. Your committee has been unable to determine the source of the money used for the purchase of said postage stamps, all witnesses questioned by your committee denying any knowledge regarding that matter. Your committee has been further unable to determine who folded said letters, who placed the stamps on the envelopes containing them, or who paid for such services and from what funds.
Your committee finds that the cost of printing the letters in question together with the cost of the envelopes used in mailing the same was $292.00, and that this amount was paid in cash to Williams Printing Company shortly after 2:00P.M. on February 4, 1938, which was the date of the naming of your investigating

1834

JouRNAL oF THE HousE,

committee. Your committee finds that this sum was paid by Mrs. Jane Kytle who testified that the sum of $292.00 was delivered to her by Mr. W. W. Webb at his home on Moreland Avenue in the City of Atlanta immediately prior to his leaving the city on said date.
Your committee finds that Mr. Murdaugh, the Director of the State Department of Public Welfare, had the following connection with the letters in question:
He knew several days in advance of the plan to mail such a letter.
He gave his approval of such a letter several days prior to the date of mailing.
He gave his permission for the use of the services of various employees in the Department of Public Welfare in addressing the envelopes in which said letters were mailed, and gave his permission for the use of State equipment in connection with this work. He knew at the time of giving said permission what was proposed to be done and what letters were to be addressed.
He, as Director of the Department of Public Welfare, telegraphed all county directors in the State for complete lists of white applicants for old age assistance together with addresses, on the morning of January 28, 1938. The exact wording of said telegram being as follows:
"Please mail immediately not later than Saturday list showing name and address of all white applicants for public assistance not receiving benefits.
State Department of Public Welfare
LAMAR MuRDAUGH, Director."
He had never prior to this time requested only white lists and had never before telegraphed for such lists.
In his testimony before your committee, Mr. Murdaugh denied that he gave a statement to the press after the mailing of the letters in question approving said letters. Mr. Price Howard, reporter for the Associated Press, testified before your committee that he interviewed Mr. Murdaugh on Wednesday, February 2,

SATURDAY, FEBRUARY 12, 1938.

1835

1938, and that Mr. Murdaugh at that time stated to him for publication in response to a request of the Augusta Herald, that he approved of said letters; thought them entirely proper, and thought that they should have the consideration of the General Assembly. When questioned by your committee regarding his opinion as to the propriety of said letters; Mr. Murdaugh refused to comment.

In conclusion your committee finds that:

The writing of such a letter was approved by the Director of the Department of Public Welfare prior to the date of its mailing.

The services of State employees in the Department of Public Welfare were partially used in preparing the envelopes in which the said letters were mailed with the approval of the Director of the Department of Public Welfare.

Equipment belonging to the State of Georgia was used in connection with the mailing of said letters with the approval of the Director of the Department of Public Welfare.

Mailing lists for this purpose were obtained from the county boards by the Director of the Department of Public Welfare and their use allowed by the Director for that purpose.

Transcript of the evidence adduced at the hearings of your committee is attached hereto.

Wherefore, Having discharged its trust, your committee prays

that it may be discharged.

v. }AMES

CARMICHAEL,

Chairman.

RuFus V. JoNES,

J. H. CLARK,

c. w.

KENDRICK,

SPENCE M. GRAYSON'

J. M. SIMMONS, WM. M. WEAVER,
FRANK A. McNALL,
J. RoBERT ELLIOTT.

1836

JouRNAL OF THE HousE,

The following message was received from the Senate through Mr. Hammond, the Secretary thereof:
Mr. Speaker:
The Senate has adopted the following resolution of the House, to-wit:
By Mr. Sutton of Wilkes and others-
House Resolution No. 193. A resolution providing for a sine die adjournment, and for other purposes.
Mr. Harrell of Brooks arose to a question of personal privilege and addressed the House.
The following resolution of the House was read and adopted:
By Messrs. Sutton of Wilkes, Grayson of Chatham, and others-
House Resolution No. 195. A resolution providing for a sine die adjournment of the General Assembly.
The following resolution of the Senate was read and adopted:
By Senators Lindsay of the 34th District, Atkinson of the 1st District, and Purdom of the 46th District-
A RESOLUTION
Resolved by the Senate, the House concurring, that the business having been completed, this Extraordinary Session of the General Assembly shall now stand adjourned sine die.
The Speaker announced the House adjourned sine die.

INDEX
TO
JOURNAL
OF
House of Representatives
Extraordinary Session

I . P A R T

HousE BILLS AND RESOLUTIONS

II. PART

HousE REsOLUTIONs

III. PART

SENATE BILLS AND RESOLUTIONS

IV. PART

SENATE RESOLUTIONS

1 1 1 1 1
1 1 1 1 1
1 1 1 1 1
1
.

INDEX

1839

PART I

HOUSE BILLS AND RESOLUTIONS

A

ABANDON177-0ld Newnan-Atlanta public road ____ ------------------ 224,252,621
ACCOUNTANTS AND ACCOUNTING (See AUDITORS AND AUDITING)

ADDRESSESGovernor Rivers____________________________________________ Cecil B. DeMille_____________________________________________ Governor Rivers ______________________________ ---- __ ------__ Dr. Herty______________________ __ ___ __ _____ ____ __ ______ ___ __
Governor Rivers______________________ ----------------------

25,26 955 974 1201
1500

ADVERTISING91-0utdoor, regulate________________________ -_____________ 128,192,232

AGENTS, COUNTY (See COUNTIES AND COUNTY MATTERS)

AGRICULT~E AND AGRICULTURAL PRODUCTS (See LIVESTOCK)-

108-Milk, emergency in sale of, amend_____________________

144

233-Apples, fruits, vegetables, grading of__________________

313,419

234-Wholesale dealers in, regulate_______________________ 313,451,1356,1499

275-Naval stores, orchards, etc., Act apply_________________

371,421

381-Tobacco, necessity governing market___________________ 723,724,1047

AGRICULTURE, DEPARTMENT OF190-Appropriation reference to, amend___________________ 245,418,980,1727

ALCOHOL AND ALCOHOLIC BEVERAGES (See BEVERAGES, SOFT

DRINKS) (MALT BEVERAGES) (WINES)-

85-Permit manufacture oL ______________________________ _

113,450

196-Provide for control, manufacture, etc. ___ 246,451,814,815,843,856,857,

858,859,888,943,944,1048,1422,1423

548-Amend Act to legalize, tax_____________________________

1543

AIR CONDITIONING (See APPROPRIATIONS) (Part II. HOUSE RESOLUTIONS)

ALIENATION OF AFFECTIONS-

245-Prohibit filing of suit for _____________________________ _

316

1840

INDEX

ALLOCATIONS (See APPROPRIATIONS) (ELEEMOSYNARY INSTITUTIONS) (TAXES AND TAX LAWS)
ALTO SANATORIUM (See ELEEMOSYNARY INSTITUTIONS)
AMENDMENTS TO CODE (See CODE AMENDMENTS)
AMENDMENTS TO CONSTITUTION (See CONSTITUTIONAL AMENDMENTS)
AMUSEMENTS (See DANCE HALLS, AMUSEMENTS, Etc.) (RACES AND RACING COMMISSION) (TAXES AND TAX LAWS) (THEATERS)

ANTI-LYNCH BILL-

515-Debt created against County by_______________________

1286

APPROPRIATIONS-

38---Social security, amend GeneraL_______________________ 73,417,572

25-103a-$300, mark grave of Wm. Rabun___________________

130,251

112-Licensing Board for Contractors~-------------------145,283, 1388,1418

113--Tobacco tax allocation, amend General________________

145,451

125-$4,790.99, reimburse J. F. Singletary___________________

147,284

31-128d-Acoustical equipment, reference to_______________ 148,149,209 32-128e-State Radio Commission________ 149, 192,1353,1354,1357,1358,1810 190-Agriculture Department, amend _____________________245,418,980, 1727

198-$500, C. H. Metz, Audit Company of South ___________ _,

246,289

260-$100,000, plant diseases, insects, etc. ______ 345,491,1399,1672,1684,1730 278-Chain store tax, amend Genera1 _____________________ 371,372,491,1315

286-$5,000, Privates Maddox and Evans_____________________ 402,483,1170 287-Legislative expenses _____________________________ _403,491,569, 706,707

297-Regents, University System, speciaL__________________

404,492

60-297b-Insurance, Tattnall Prison_______________________ 61-297c-$800, Leroy Wall, services__________________________

405,490 405

310-Experiment Station, to Regents________________________

408,493

352-0peration prison farms, amend________________________

521

93-366a-$100, Wade H. Davis______________________________

668

396-Paper pulp industry________________________________736, 838,1396,1717

423-Prison and Parole Commission, amend_________________ 831,1256,1684

116-451a-$200, pay R. R. Singleton_________________________

939,1170

533-Public Service Com. funds to institutions_____________ 1379,1413 535-$1,200, Mrs. Mary D. Goudelock________________________ 1379,1413 566-State Capitol, repair______________________________1574, 1598,1599,1681

ATTORNEYS AT LAW (See LAW AND LAW PRACTICE)
AUCTIONEERS506-Amend Act providing tax on______________________1182, 1258,1691,1812

INDEX

1841

AUDITORS AND AUDITING-

153-Fees of, amend Code__________________________________ _

182

AUTOMOBILES, TRUCKS (See MOTOR VEIDCLES)

AWARDS 141-Industrial Board, restrict appeaL _____________________ _

180,595

B
BAILIFFS291-Special criminal, certain counties___________ 403,492,612,613, 1599,1600

BALLOTS (See ELECTIONS AND ELECTION LAWS)
BANKS AND BANKING (See BUILDING AND LOAN ASSOCIATIONS)532-Amend Act in reference to_____________________________ 1378, 1412,1653 539-Private, charge exchange on checks____________________ 1406,1576

BEER (See MALT BEVERAGES)
BEVERAGES, SOFT DRINKS, Etc. (See ALCOHOL AND ALCOHOLIC BEVERAGES) (MALT BEVERAGES) (TAXES AND TAX LAWS) (WINES)-
43-Tax paid crown on, require________ 91,288,289,360,397,423,424,466,498 53-Provide for tax on __________________________________ 93, 1602,1616,1617

BLIND PERSONS (See FACTORY FOR THE BLIND)

BOARDS OF EDUCATION (See SCHOOLS AND SCHOOL LAWS)

BONDED INDEBTEDNESS (See CHARTERS AND CORPORATIONS, MUNICIPAL) (COUNTIES AND COUNTY MATTERS) (CONSTITUTIONAL AMENDMENTS)

BONDS (See SURETIES ON BONDS)-

9-Sheriff, Effingham County, reduce____________________ 22,104,115

46-Sheriff, Randolph County, reduce_____________________ 91,152,193

86-Sheriff, Worth County, reduce_________________________ 127,153,193

104-Sheriff, Douglas County, reduce_______________________

130

119-Sheriff, Douglas County, reduce_______________________ 146,192,213

156-Sheriff, Chattooga County, reduce____________________
209-Sheriff, Columbia County, reduce___________________ _ 7
211-Sheriff, Decatur County, reduce_______________________

203,354,379 273,418,454
273,419,455

270-Sheriff, Meriwether County, reduce____________________ 370,452,496

282-Sheriff, Pierce County, reduce_________________________ 372,421,496

351-Sheriff, Montgomery County, fix______________________ 521,596,671

372-Sheriff, Franklin County, reduce______________________ 709,728,746

373-Sheriff, Seminole County, reduce______________________ 710,728,746 375-Sheriffs, certain counties, amount ___________________ 710, 743,958,959

377-Sheriff, Candler County, fix___________________________ 723,743,798

1842

INDEX

392-Sheriff, Echols County, reduce________________________ 735,798,840

426-Sheriff, Bryan County, reduce_________________________ 850,873,943

493-Sheriff, Newton County, reduce_______________________ 1131, 1171,1188

498-County officers, Bryan County, amend________________ 1166,1185,1259

512-Tax Collector, Receiver, Pierce County_________________ 1244, 1289,1336

534-Sheriff, Camden County, reduce ______________________ 1379,1413, 1487

558-Tax Collector, Receiver, certain counties_______________ 1594,1612,1672

564-Treasurer, certain county, reduce______________________

1704

BROKERS, REAL ESTATE514-0ccupation tax on, repeaL ___________________________ _

1244,1245

BUILDING AND LOAN ASSOCIATIONS-

25-Define; supervision oL ___________________ 71, 190,216,217,292,680,681

383-Appointment of receiver for____________________________

724

545-Amend Act defining_~ _________________________________ 1484, 1633,1692

c

CAPITAL PUNISHMENT (See CODE AMENDMENTS)

CATTLE, HOGS, SHEEP, Etc. (See LIVESTOCK)

CERTTIITCATES, HIGHWAY202-Amend Act authorizing refunding_____________ 247,451, 1005,1309,1310

CHAIN STORES (See APPROPRIATIONS) (LICENSES AND LICENSE FEES) (TAXES AND TAX LAWS)

CHARTERS-'-

363-Certain cities, repeal oL__ __ ___ _________ ___________ ___ _

585

438-Private corporations, judges grant_____________________

863

477-MUnicipal, referendum to repeal___ -.- __________________ 1009, 1115,1138

CHARTERS AND CORPORATIONS, MUNICIPAL (See COURTS, MUNICIPAL) (ZONING AND PLANNING LAWS)-
7-Forsyth, amend________________________________________ 21, 114,115,135
8-Forsyth, amend________________________________________ 21,115,135 12-Thunderbolt, amend__________________________________ 22,115,135 13-Savannah, bonded indebtedness______________________ 22,95,195 21-QUitman, ad valorem tax ______________________________70, 115,135,136
24-Roberta, new charter__________________________________ 71,133,153 28-Douglas, amend_______________________________________ 71,115,136 33-Blue Ridge, bonded indebtedness _____________________ 72,190,218,309 35-Brunswick, amend..____________________________________ 73,115,136 63-Cochran, amend_______________________________________ 109,134,154 64-Sylvester, amend _________________________ 109,134,154,537,553,554,618 74-Dawsonville, amend___________________________________ 111,134,154 76-Clayton, bonded indebtedness_______________________ .111, 134,154,155 77-Diffee, repeaL ________________________________________ 111, 112,134,155 97-Gray, amend___________________________ ----____________ 129,153,194

INDEX

1843

116-Hartwell, amend______________________________ 145,146,192,212,213,539

128-Decatur, amend_______________________________________ 148,251,286

29-128b-Gainesville, bonded indebtedness________________ 148,211,644 137-Baxley, amend_______________________________________ .179,211,212,230

143-Adel, bonded indebtedness____________________________ 180,418,648

146-Macon, municipal court________________________________

181

147-Macon, municipal court, justice of peace_______________

181

148-Macon, temporary loans________________________________ 181,228,639

149--Macon, municipal court, justice of peace_______________

181

150--Macon, municipal court________________________________

182

155---Cochran, amend_______________________________________ 159--Jesup, repeaL________________________________________ 16G--Jesup, create__________________________________________

183,212,231 203,252,286 203,320,358

162-Vidalia, bonded indebtedness_________________________ 204,320,635 167-Pine Lake, create______________________________________ 205,252,286

175---McDonough, amend___________________________________ 224,252,287 176-McDonough, amend___________________________________ 224,252,287 183-Dublin, bonded indebtedness_________________________ 243,320,652 2oo--Cedartown, amend_________________________ ---------- .247,321,379,380 201-Dublin, amend______________________________________ .247,285,286,322 205---Buford, amend _______________________________________ 272,321,355,611

208-Griffin, amend _____________________________________ .272,321,355,1674

22Q--Columbus, amend____________ --"-_____________________ 275,321,356

222-College Park, amend___________________________________ 275,354,381 223-Atlanta, amend_______________ ------___________________ 275,354,381

23o--Savannah, amend_____________________________________ 312,354,382 231-QUitman, amend______________________________________ 313,354,382

232-Eastman, refunding bonds.___________________________ 313,419,655

239--Waycross, amend_--------------------_________________ 314,355,842 254--Rome, amend_______________________ ------_____________ 344,378,456

257-Hazlehurst, school system_____________________________ 344,378,422 262-Moultrie, amend_____________________________________ .345, 378,422,423

269--Hapeville, amend______________________________________ 370,420,457 272-Valdosta, amend_______________________________________ 370,421,458 276-Milledgeville, amend_________________________________ .371,421, 458,459 281-Savannah, amend__________________________________ .372,421,459,1398 288-Augusta, amend__________________________ ---------____ 403,452,496 302-East Point, amend___________________________________ _407 ,453,496,497

303-East Point, amend_____________________________________ 407,453,497

304-Willacoochee, bonded indebtedness____________________ 407,453,684 311-Baxley, bonded indebtedness ________________________ .408,409,454,687

313-Forsyth, amend_________ ------- _______________ --------- 442,493,533 323-Lawrenceville, zoning ordinances____________________ _479,527 ,550,551

325---Hawkinsville, amend ________ --------- _______________ _479,527 ,551,853 326-Hawkinsville, amend ________________________________ _479,527 ,551,552

338-Eastman, amend_______________________________________ 342-Sparks, bonded indebtedness ___ ~--------------------344-Athens, amend _______________________________ ------___

481,528,552 519,596,684 519,727,744

1844

INDEX

349----Atlanta, amend_________________________________ 520,550,597, 1339,1540 357-Royston, zoning ordinances __________________________ 545, 727,744,745 364-Winder, amend ______________________________________ 586, 727,745,1021

365-Augusta, mayor________________________________________

586

367-Bainbridge, amend____________________________________ 708,727,745

368-Meigs, amend__________________________________________ 709,727,745

382-Homerville, bonded indebtedness ______________ 724, 744,1213,1214,1738

397-Cochran, amend_______________________________________ 736,871,941

407-Dalton, amend_________________________________________ 793,871,942

408-Atlanta, amend________________________________________ 793,871,942

425-Waresboro, repeaL____________________________________ 849,873,979

428-Rome, amend__________________________________________ 850,873,943 441-Hawkinsville, amend _______________________________ 863,969, 1000,1001

457-Cochran, amend_______________________________________ 962,998,1016

462-Mansfield, amend________________ ~- __ 963, 998,1016,1025,1026,1038,1044

468-Augusta, board of health__________________________ 991, 1043,1044,1115 478-Columbus, amend _____________________________________ 1010, 1136,1175

482-Nashville, amend ______________________________________ 1112, 1170,1188

492-Rest Haven, incorporate_______________________________ 1131,1171,1612

502-Moultrie, amend_______________________________________ 1181, 1257,1279

503-Moultrie, amend__________________________________ 1181, 1257,1258,1290

508-Dublin, amend___________________________________ 1182, 1183,1258,1366

509----Jefferson, bonded indebtedness_______________________ 1183, 1258,1297 513-Bremen, amend________________________________________ 1244, 1289,1336

516-Union Point, amend___________ ------- _________________ 1286, 1336,1367

522-Augusta, amend Code reference to_____________________ 1331,1412,1491 544-Hartwell, amend_______________________________________ 1483, 1547,1576

553-Wrightsville, amend_______________________________ 1573, 1574,1633,1656

559----Washington, zoning laws ______________________________ 1609, 1633,1657

CHEWING GUM413-Levy tax on sales of. _________ --------------------------
CIGARS, CIGARETTES (See TAXES AND TAX LAWS)

794,1256

CLERKS, SUPERIOR COURT (See FEES AND FEE SYSTEMS)501-Compensation, certain counties __________________ 1181, 1257,1296,1297

CODE AMENDMENTS (See GARNISHMENT) (MOTOR VEmCLES)16-Garnishment, exemptions from________________________ 24,320,426

23-Timber Protective Organizations, amend_______________

70,71

29----Boards of Tax Appeals, towns and cities______________ ~ 72,95,196

30-Condemnation for roads, width________________________

72

39----Veterans' widows entitled to pensions_________________ 74,190,427 40-Distribution gas tax to counties _______________________ 74,191,427,428

41-County registrars, appointment_______________________ 74,152,198

42-Jury Commissioners, refer.ence to______________________ 74,191,428

43-Repeal Section 92-804_____ ____ ____ __ __ __ __ ___ __ ____ ___ _

91

48-Hunting season, change_______________________________

92

INDEX

1845

59-Tax on cigars, cigarettes, amend___________________94,191,431,609,610

60--Salary Assignments, amend___________________________

103

61-Marsh hens, certain counties_____________________ l03,283,435,606,610

68-Condemnations, state and national_______________ ll0,152,436,955,956

7Q-Year's support, superior to tax lien______ c-------------

110,153

78-Investments by insurance companies_______ ll2,283,979,980,1270,1271

81-Income taxes, amend _______________________ --------___

112

98-Sec. 89-822, appeal, manner taken_____________________

-129

101-Income taxes, amend _______________________ ---------__ 129,130,210

111-Motor Fuel Tax Law, amend_______________ 144,145,289,359,1264,1276,

1620,1621,1639;1646 114-County taxes, purposes may be levied__________________ 145,417,575 122-Commercial fishing boats, license fees __________________ 147,283,1280

133-Commissions, tax receivers and collectors______________

178

142-Cigars, Cigarettes, levy tax_____________________________

180

153-Auditors, fees oL_________________________ -------------

182

164-Liability ordinary, marriage license____________________

204,252

17Q-Fertilizer and fertilizer materials____________________ 205,354,1030,1678

172-Criminallibel, define_________________ -------------____ 189---Judicial officers, disqualification______________________ 203-National Guard, reorganize____________________________ 217-Drug stores, pharmacies_______ ---------_______________
226---Ad valorem tax, limit to one mill_______________________

223 244 247,286 274,388 276

233-Apples, grading, packing______________________________

318,419

244-Crop mortgages, prioritY-------------------------------

815

248-Marriage license application, method___________________ 843,742,743

25Q-Desertion, time required.__ --------------- _______ -----255---Income taxes, scale of; change_________________________ 280--Tax, ice cream dealers, amend_________________________

843,748 844
872,797

285---Vehicles loaded with contraband, seizure______________

402,1682

291-Special criminal baliffs, counties____________________ 408,492,612,618,

294-Drug stores, pharmacies, regulation------~-----------299-Accrual penalties, tax executions______________________
SOl-Settlements, tax ~llectors, certain counties___________ 843-Speed limit, vehicles _______________________ ----------846---0fficial organ, certain counties________________________ 847-Food and Drugs-new drugs__________________________ 848-Livestock, buying without paying_____________________ 855---Muniments of title, amend_____________________________ 359-Death by electrocution, abolish________________________ 863-Repeal of charters, certain cities_______________________ 378-Vending machines_________________ -----------------___ 398-0rdinaries, fees of_ _________________________ -----------

1599,1600
404 406,498
406,407 519,1256
520 520,596 520,852
545 585,712
585 728,1256 736,1186

899-Motor Common Carriers, certificates___________________ 401-Pension fees to ordinaries_____________________________

736,787 787

41Q-Fertilizer inspection tax ______________ ----------------_

793,1014

431-Tax collector relieve penalty____ ----------------------851,873,874,959

1846

INDEX

436-Capital punishment, amend___________________________

862

438--Charters to private corporations, grant________________

863

467-Signs, signals, motor vehicle operators_________________

990,1043

517-Felony, misdemeanor punishment_____________________ 1286,1546

519-Sections 16-9901-2 repeaL_____________________________ 1287,1336

522-Augusta, amend reference to __________________________ 1331,1412,1491

523-Transportation, pupils and teachers___________________ 1331,1365

527-Judges Superior Courts, salary________________________

1364

528-Law, defining practice oL __ __ _____ _____ __ ____ __ __ __ __ _

1364

531-Index system, certain counties_________________________ 1378,1412,1495

549-Confederate pensions, increase________________________ 1543, 1544,1598

554-Allocation, gas tax_____________________________________

1574

CODE, PARK'S ANNOTATED-

225----Librarian furnish certain counties____________________ _

276

COMMISSIONERS OF ROADS AND REVENUES (See COUNTIES AND COUNTY MATTERS)-
37-Glrnn County, zoning ordinances _____________________ _ 73,105,116 45----Decatur County, amend______________________________ _ 91,191,212 49-Baker County, repeaL ________________________________ _ 92,105,116 50--Baker County, create__________________________________ 92, 105,116,117
55-Montgomery County, repeaL___________________________ 93,105,117 56-Montgomery County, create____________________________ 93,105,117 90---Rockdale County, amend_____________________________ 128, 153,193,194
173-Wilcox County, amend_________________________________ 223,252,287 178--Appling County, amend__________________________ 224,252,253,288,539 187-Cobb County, zoning ordinances _____________ ~ _______ 244,285,322,538
227-Fulton County, restricted zones ___ ---------- _________276,490,528,529 236-Grady County, repeaL________________________________ 314,354,382 237-Grady County, create _________________________ 314,354,355,382,383,567 251-Barrow County, amend_______________________________ 343,420,455,456
271-Chattahoochee County, amend_______________________ 370,420,421,458
290---Laurens County, repeal Act amending_________________ 403,492,529 293---Dodge County, amend_________________ ---____________ 404,492,529
306-Douglas County, repeal________________________________ 408,453,497 307-Douglas County, create______________________________ _408,454,497 ,498 316-Marion County, amend _______________________________ 443,493,494,533 331-Jenkins County, amend_____________________________ _480,596, 670,671
374-Ben Hill County, amend___________________710, 728,746,1142,1157,1176
391-Clinch County, amend_ ------------------------------735,797,798,840 421-Wilcox County, repeaL __ ------------------------------ 830,872,942 439-Pulaski County, salary of clerk______________________863,968,969,1000 449-Putnam County, amend_______________________________ 939,998,1015 451-Barrow County, repeaL ____________________________ 939,969, 1001,1800 450---Barrow County, create______________________________ 939,969, 1001,1799 486-Clayton County, amend _______________________________ 1113, 1137,1175
494-Jefferson County, amend _______ ----------------------1131,1171,1188

INDEX

1847

496-Bryan County, amend____ ----------------- ____________ 1166, 1184,1258 137-503a-Clinch County, money to Mrs. Thomas ___________ 1181, 1256,1290 511-Wilcox County, amend____________________________ 1244, 1336,1366,1801
560-Douglas County, amend act creating ___________________ 1610,1aM,1657

COMMISSION, PUBLIC SERVICE533-Funds of, to eleemosynary institutions_______________ _

1379,1413

COMMISSION, RACING (See RACES AND RACING COMMISSION)

COMMITTEES, ESCORTTo escort Clerk_____________________________________________ To escort Governor ________________________________________ .
To escort Governor.________________________________________

19 19,20
1483

COMMITTEES, SPECIAL-

Investigate pulp-wood situation____________________________

119

Investigate Soldiers' Home, Adjutant GeneraL____________

674

Notify Governor____________________________________________

1828

COMMITTEES, STANDINGAppointments to __________________________________________ _

77,970

COMMON CARRIERS (See MOTOR VEIDOLES)399-Motor, apply for certificates, manner _________________ _

736,737

COMMUNICATIONSGovernor Rivers-proclamation____________________________ _ Secretary of State--new members __________________________ _
Governor Rivers, new members ___________________________ _ Andrew J. Kingery, resignation ___________________________ _ Governor Rivers___________________________________________ _
President Roosevelt _________________________ ------ ________ _ Governor Rivers___________________________________________ _ State Highway Board______________________________________ _

6,7 14,15
15 16 119,120,121
858
1387,1388 1774,1775

CONDEMNATIONS-

so-To increase width of roads____________________________

72

68-Amend Code reference to_________________________110,152,436,955,956

CONFEDERATE SOLDIERS AND WIDOWS (See PENSIONS)

CONSERVATION AND SOIL CONSERVATION DISTRICTS-

219-Repeal act declaring necessity oL ____________________ _

275

CONSTITUTIONAL AMENDMENTSIS-Savannah, bonded indebtedness _____________________ _
7-13a-Poll tax, eliminate_____________ .. _. _______________ _

22,95,195 22

1848

INDEX

32-Fannin County, temporary loans ______________________72,190,217 ,307 33-Blue Ridge, bonded indebtedness _____________________72,190,218,309

34-Authorize counties, make temporary loans_____________ 73,209,427

123-Bonded indebtedness, refund by counties, etc,________ 28-128a-Tax, forest fire protection ________________________ .

147 148,211

29---128b-Gainesville, bonded indebtedness________________ 143-Adel, bonded indebtedness____________________________ 148-Macon, temporary loans_______________________________ 162-Vidalia, bonded indebtedness_________________________ 183-Dublin, bonded indebtedness_________________________
46-216a-Exemptions, ad valorem taxation_________________ 232-Eastman, refunding bonds____________________________

148,211,644 180,418,648 181,228,639 204,320,635 243,320,652
274 313,419,655

243-State pay persons for paving, certain cities _____ 315,377,378,1211,1535

264---Abolish ad valorem tax, real estate_____________________

346

58-282a-Taxation, support counties, cities________________

372,373

304-Willacoochee, bonded indebtedness____________________ 407,453,684

311-Baxley, bonded indebtedness_________________________408,409,454,687

81-338a-Eligibility, ex-Governors_________ ---------________ 481,482,596 342-Sparks, bonded indebtedness_________________________ 519,596,684 369-Twiggs County, bonded indebtedness _______________709, 727,728,1207

37Q--Counties make temporary loans_______________________

709,837

382-Homerville, bonded indebtedness ______________ 724, 744,1213,1214,1738

105-400a-Per diem, members General Assembly_____________

737

106-400b-Annual sessions, General Assembly______________

737,1708

448-Floyd County, levY tax for schooL_____________________ 939,998,1195

463-Beaverdam School, bonded indebtedness _______________ 990,1136,1300

509---Jefferson, bonded indebtedness _______ -------- ________ 1183, 1258,1297

15G-522a-Appointment Governor, Ordinaries, etc.__________

1331

543-Cobb County, fire prevention districts ________________ 1483,1546,1582

552-Four new senatorial districts, create___________________

1573

171-558a-Brantley County, school tax levY----------------561-Remove State Capital to Macon________________________

1594,1612 1610,1634

CONTRACTORS AND CONTRACTING REGULATIONS-

112-State Licensing Board for, appropriation ___________ 145,283,1388,1418

247-Repeal Act relating to road and street_----------------

316,491

CORONERS435-SchleyCounty, fees ___________________________________ 862,968,1000 557-Duties, certain counties ______________________ --_______ 1594,1612

CORPORATIONS (See CHARTERS)-

267-License fees for, amend tax act _______________________ _

369

INDEX

1849

COUNTIES AND COUNTY MATTERS (See BAILIFFS) (BONDS) (CONSTITUTIONAL AMENDMENTS) (COMMISSIONERS OF ROADS AND REVENUES) (COURTS, CITY AND COUNTY) (COURTS, SUPERIOR) (ELECTIONS AND ELECTION LAWS) (FEES AND

FEE SYSTEMS) (GAME AND FISH) (OFFICIAL ORGANS) (TAX

COLLECTORS AND TAX RECEIVERS) (TAX COMMISSIONERS) (TAXES AND TAX LAWS) (SCHOOLS AND SCHOOL LAWS) (TREASURERS, COUNTY) (ZONING AND PLANNING

LAWS) 32-Fannin County, temporary loans ______________________ 72,190,217,307

34--Counties make temporary loans _____ ------------------ 73,209,427 40-Distribution gas tax to, monthly______________________ 74,191,427 ,428

47-Sanitary laws, certain counties________________________ 91,152,428 61-Marsh hens, certain counties_____________________ 103,283,435,606,610

72-Compensation sheriffs, certain counties ________ .110,111,153, 579,1155

99--Baker County, pay officers costs______________________ 129,192,212

107-Assistant solicitor general, certain_____________________ 131,153,577 145-Meriwether County, political races_____________________ 180,490,528

22B-Fee to salarY system, certain counties__________________ 276,322,612 30B-Jasper County, bird, game traps _________________ 408,482,493,578,579

321-Richmond County, tenure of employees_______________ 444,494,533 322-LevY tax, pay county agents__________________________ 444,494,575,576

339-Chatham County, grant lands to United States_______

482

366-Insure teachers lives, certain counties_________________ 668,727,958

369-Twiggs County, school indebtedness ________________709,7'i!:7, 728,1207

37Q-Make temporary loans, authorize______________________

709,837

385-Electricians, certain counties____________________ 724,725, 838,983,1341

435-Schley County, fees of coroner________________________ 862,968,1000

445-Certain counties pay court costs ____ ------------------

939,998

44B-Floyd County, levY school tax _________________________ 939,998,1195

459-Hall County, school district name _____________________ 963,1043,1115

463-Berrien County, school indebtedness__________________ 990,1136,1300

484-Teachers pensions, certain counties _____________ .1112,1137,1193,1550

501--'Compensation clerks, certain counties __________ .1181,1257,1296,1297

515-Anti-Lrnch Bill debt, State pay_______________________

1286

529-0glethorpe County, legalize seining___________________

1364

531-Index system, certain counties ___ ---------------------1378,1412,1495 543-Cobb County, fire prevention districts ________________ 1483,1546,1582

557-Duty of coroner, certain counties______________________ 1594,1612 55s-Bond, tax collector, receiver, certain ___________________ l594,1612,1672

171-558a-Brantley County, school tax levY________ --------562-Goats, certain counties________________________________

1594,1612 1624

COUNTY AGENTS (See COUNTIES AND COUNTY MATTERS)

COUNTY OFFICERS466-0n salary basis, provide assistants ___________________ _

990,1043

COURT COSTS (See COUNTIES AND COUNTY MATTERS)

1850

INDEX

COURTS, CITY AND COUNTY31-Ellaville, abolish_______________________________________

72,152

62-Stephens County, amend_____________________________ 103,152,193 69-Darien, abolish___________________________________ 110,209 ,210,229,230

75-Rabun County, establish_____________________________ 111,210,230 140-Lexington, amend ____________________________________ 180, 212,230,231

144-Greenville, establish____________ ---------______________

180

168-LaGrange, amend ________ ------------- _____ ---------__ 205,229,253 212-Jesup, amend________________________________________ 273,321,355, 356

235-Clinch County, repeal Act abolishing__________________ 313,419,455 324-Bainbridge, amend____________________________________ 479,527,551 330--JE>embroke, create______________________________________ 480,528,552 350---Clinch County, abolish___________________________ 520,521,596,671,875

400--Wilkinson, abolish____________________________________ 406--Waycross, amend______________________________________ 447-Lyons, establish_______________________________________

737,798,840 793,838,853
938

COURTS, JUSTICE (See COURTS, MUNICIJE>AL)

COURTS, MUNICIJE>AL120--Savannah, amend ____________________________ 146,192,213,214,537,538

146-Macon, amend_________________________________________

181

147-Macon, amend_________________________________________

181

149-Macon, amend_________________________________________

181

150--Macon, repeal Act amending___________________________

182

309-Augusta, amend ______________________________________ 408,454,532,533

360--Atlanta, amend________________________________________

585

COURT REJE>ORTERS, CIRCUIT472-Take depositions in any county_------------------ ___ _ .1008,1632

COURTS, SUJE>ERIOR (See JUDICIAL CIRCUITS)

(SOLICITORS-GENERAL)127-Jeff Davis County, terms_____________________________ 147,148,211,230

193-Appling County, terms________________________________ 245,418,579

215-Wilcox County, terms__________________________________ 274,419,578

295-Rabun County, terms_________________________________ 404,492,532

329-Bryan County, terms__________________________________ 480,528,578

405-Ware County, terms___________________________________ 792,838,852 497-Bryan County, terms__________________________________ 1166, 1257,1290

505-Glynn County, terms _____________________________ 1182, 1258,1290,1291

527-Salary of Judges, amend Code_________________________

1364

CRIME AND CRIMINAL LAWS (See CODE AMENDMENTS) (LIBEL)517-Felony, misdemeanor punishments____________________ 1286,1546

D

DAIRIES AND DAIRY JE>RODUCTS (See AGRICULTURE AND AGRICULTURAL JE>RODUCTS)

INDEX

1851

DANCE HALLS, AMUSEMENTS, ETC., (See LICENSES AND LICENSE

FEES}-

521-Regulation, license of, amend_________________________

1287

DEAF, SCHOOL FOR THE (See ELEEMOSYNARY INSTITUTIONS)



DENTISTS AND DENTISTRY-

504-Suspension of licenses oL _____ __ ____ ___ ____ ____ __ ____

1182

DENTIFRICES (See TOOTH PASTE, ETC.)

DESERTION250-Time required for, amend Code_______________________ _

343,743

DISEASES, PLANT (See APPROPRIATIONS)

DIVORCES (See CODE AMENDMENTS) (FEES AND FEE SYSTEMS)
DRINKS, SOFT (See BEVERAGES, SOFT DRINKS) (TAXES AND TAX LAWS)

DRUGS, DRUG STORES, PHARMACIES217-Regulation, license of, amend Code___________________ _ 294-Regulation, license of, amend Code_______.____________ _
347-Introduction, new drugs __ ----------------------------

274,388 404
520,596

E

EDUCATION, STATE DEPARTMENT OF (See ELEEMOSYNARY . INSTITUTIONS)

ELECTIONS AND ELECTION LAWS (See CODE AMENDMENTS)-

7-13a-Poll tax, eliminate_________________________________

22

1QO--Identifica.tion of voters________________________________

129,251

145---Meriwether County, specify opponent_________________ 180,490,528

179-Illegal practices, extend penal laws __________________224,225,490,1694

48G-Voting machines, certain counties_____________________ 1039,1335

538-Poll tax liability, age___________________________________

1406

ELECTRICIANS, MASTER385---Examination, certain counties ___________________ 724, 725,838,983,1341

ELEEMOSYNARY INSTITUTIONS (See APPROPRIATIONS)-

277-Chain store tax allocated to, amend____________________ 371,421,1281

345---School for the Deaf, site_______________________________

519

526--Alto, instruction child inmates________________________ 1332,1365

533-Funds from Public Service Commission_______________ 1379,1413

EMINENT DOMAIN (See CODE AMENDMENTS) (CONDEMNATIONS)

1852

INDEX

EXEMPTIONS, TAX (See TAXES AND TAX LAWS)

EXTRAORDINARY SESSIONS57-General Assembly, manner of convening______________ _

F

93,152,431

FACTORY FOR THE BLIND-

524-Title to equipment, land, etc._________________________

1332

FAIRS, EXPOSITIONS, ETC., (See TAXES AND TAX LAWS)

FARMS AND FARM PRODUCTS (See AGRICULTURE AND AGRICULTURAL PRODUOTS)

FARM-TO-MARKET ROADS242-Highway Board match federal funds for ________315,452,719,1192,1816

FEES AND FEE SYSTEMS (See COUNTIES AND COUNTY MATTERS)

(CODE AMENDMENTS) (JUDICIAL CIRCUITS)-

195----In divorce cases, certain counties pay_________________ _ 246,490,577

228-Change to salary, certain counties ____________________ _ 276,322,612

398-0rdinaries, amend Code______________________________ _ 401-Pension fees, Ordinaries ______________________________ _

736,1136 737

FERTILIZER AND FERTILIZER MATERIALS17~Inspectors of, amend Code_________________________ 205, 354,1030,1678

41~Inspection tax, amend Code___________________________

793,1014

FI FAS, TAX (See TAX COLLECTORS AND TAX RECEIVERS) (TAXES AND TAX LAWS)

FINANCING, AUTOMOBILE (See LICENSES AND LICENSE FEES)

FIRES AND FIRE HAZARDS (See FORESTS AND FORESTRY)

FISH DEALERS273-Wholesale, annual license on _________________________ _

370,491

FISHING BOATS122-Commercial, license fees_______________________________ 147,283,1280

FORESTS AND FORESTRY29-128b-Authorize levy tax, fire protection_______________ _ 52-244c-Encourage teaching of_ __________________________ _

148,211 316

FUELS, MOTOR (See TAXES AND TAX LAWS)

INDEX

1853

FUNERAL EXPENSEB-

129-Priority over year's support___________________________ _

177

G

GAME AND FISH (See FISHING BOATS) (LICENSES AND LICENSE

FEES)(SEAFOODS}-

48-Hunting season, change_______________________________

92

61-Marsh hens, certain counties_____________________ 103,283,435,606,610

308-Traps, Jasper County, prohibit __________________408.,482,493,578,579

314-Fishing, certain counties______________________________ 442,493,614

529-Seining, Oglethorpe County___________________________

1364

GARNISHMENT (See CODE AMENDMENTS}16-Exemptions from, provide ____________________________ _ 24,320,426

GASOLINE (See TAXES AND TAX LAWS)

GENERAL ASSEMBLY (See CONSTITUTIONAL AMENDMENTS)

(ELECTIONS AND ELECTION LAWS}-

57-ExtraordinarY sessions of, convening__________________ 93,152,431 136--Members, prohibit working for state__________________ 179,214,504,505

151-Members, prohibit state employment of________________ 105-400a-Per diem of members_____________________________ 106--400b--Annual meetings of______________________________

182 7'i!7 737,1708

GOATS (See LIVESTOCK)

GRANTB-

339--Reverted land, Chatham County, to U. S. ____________ _

482

H

HEALTH AND HEALTH LAWS47-Amend sanitary laws, certain counties________________ _
124--Revise-------------------------------------------------

91,152,428 147,284

HIGHWAY DEPARTMENT, STATE242-Match U.S. funds, farm-to-market roads _______ 315,452,719,1192,1816 376--Amend Act to reconstitute ___________________722, 743,1161,1176,1189,
1353,1381,1382

HIGHWAY MAP, NEILL-TRAYLOR4--Add certain mileage to_________________________________ 21,190,215,216
1Q--Add certain mileage to_________________________________ 22, 133,194,195
18--Addcertainmileageto_________________________________ 70,133,195 19--Add certain mileage to____________ ---------- ___________70,133,195,196
36--Add certain mileage to_________________________________ 73,133,198

1854

INDEX

52-Add certain mileage to_________________________________ 92,134,430 71-Add certain mileage to_________________________________ 110,134,614 80--Add certain mileage t<L_ ___ ___________________________ 112,134,615 88--Add certain mileage to_________________________________ 127,210,615 92-Add certain mileage to_________________________________ 128,210,615 93-Add certain mileage to________________________________ 128,210,615, 616
94-Add certain mileage to_________________________________ 128,210,616 95-Add certain mileage to_______________________________ .128,210,616, 617
96-Add certain mileage to_________________________________ 129,210,617 109--Add certain mileage to_________________________________ 144,211,618 110--Add certain mileage to_________________________________ 144,211,618 115-Add certain mileage to_______________________________ .145, 211,619,620
130--Add certain mileage to_________________________________ 178,228,620 134--Add certain mileage to_________________________________ 178,228,620 154-Add certain mileage to________________________________ 182,183,228, 621
158--Add certain mileage to_________________________________ 203,228,622 163-Add certain mileage to_________________________________ 204,228,620 165-Add certain mileage to________________________________ 204,228,229,622
171-Add certain mileage to_________________________________ 223,284,623
174-Add certain mileage to_________________________________ 223,284,623
181-Act to add certain mileage to repeal _________________225,423,1369,1586
182-Add certain mileage to_________________________________ 225,285,625 184-Add certain mileage to_________________________________ 244,284,626 185-Add certain mileage to_________________________________ 244,284,627 186-Add certain mileage to_________________________________ 244,285,616 199--Add certain mileage to_______________________________ .246,247,285,627
213-Add certain mileage to_________________________________ 273,321,627 214-Add certain mileage to_________________________________ 273,321,629 224-Add certain mileage to____________________________ 276,321,322 ,629,630
238--Add certain mileage to_________________________________ 314,355,630 241-Add certain mileage to________________________________ 314,315,420,630
246-Add certain mileage to_________________________________ 316,420,630
258--Add certain mileage to_________________________________ 345,420,631
261-Add certain mileage to_________________________________ 345,378,622 263-Add certain mileage to_________________________________ 346,420,631 279--Add certain mileage to_______________________________ .372,421,631,632
283-Add certain mileage to_________________________________ 402,452,632 292-Add certain mileage to_______________________________ _403,404,452,632
300--Add certain mileage to_________________________________ 406,453,632 315-Add certain mileage to_________________________________ 442,493,633 317-Add certain mileage to______________________________ _443,494,633,1324
318--Add certain mileage to_________________________________ 443,494,621 319--Add certain mileage to________________________________ 443,444,494,633
327-Add certain mileage to________________________________ 479,549, 633,634
332-Add certain mileage to-----------------~--------------- 480,549,634 333-Add certain mileage to_______________________________ _480,549,550, 634 334-Add certain mileage to_______________________________ _481,550,634, 635
335-Add certain mileage to_________________________________ 481,550,635

INDEX

1855

337-Add certain mileage to_________________________________ 481,550,635
362-Add certain mileage to_________________________________ 585,743,1003

379-Add certain mileage to__________________________ 723, 743,744,1003,1279
380-Add certain mileage to______________________________723, 744,1019,1020

384-Add certain mileage to_________________________________ 724,744,1003

386-Add certain mileage to_________________________________ 725,744,985 393-Add certain mileage to_________________________________ 735,838,1017

394-Add certain mileage to_________________________________ 736,838,1020 395-Add certain mileage to______________________________ 736, 838,1003,1004

409-Add certain mileage to_________________________________ 793,838,1025
411-Add certain mileage to ______________________________793,794,839,1021

412-Add certain mileage to_________________________________ 794,839,1024 414-Add certain mileage to_________________________________ 794,872,1024

415-Add certain mileage to_________________________________ 794,872,1024 416---Add certain mileage to_________________________________ 829,872,1023

... -

418---Add certain mileage to_________________________________ 830,872,1025

419-Add certain mileage to_________________________________ 830,872,1025

424-Add certain mileage to_________________________________ 831,873,1004 427-Add certain mileage to_________________________________ 850,873,1023

429-Add certain mileage to_________________________________ 850,873,1022 430--Add certain mileage to_________________________________ 850,873,1022

432-Add certain mileage to_________________________________ 851,874,1022 433-Add certain mileage to_________________________________ 851,874,1021

434-Add certain mileage to_________________________________ 862,997,1018
440--Add certain mileage to_________________________________ 863,997,1018
442-Add certain mileage to_________________________________ 863,997, 1017

443-Add certain mileage to_________________________938,997, 1017,1018,1278

446-Add certain mileage to_________________________________ 938,998,1017 453-Add certain mileage to_________________________________ 961,1042,1139 455-Add certain mileage to_________________________________ 962,1043,1139

456-Add certain mileage to_________________________________ 962,1043,1140 460--Add certain mileage to_________________________________ 963,1043,1137 465-Add certain mileage to_________________________________ 990,1043,1140

469-Add certain mileage to_____________________________ 991, 1044,1139,1140

471-Add certain mileage to_________________________________ 991,1044,1138 473-Addcertainmileageto_________________________________ 1009,1044,1156

476-Add certain mileage to_________________________________ 1009, 1044,1137

481-Add certain mileage to________________________________ .1112, 1i70, 1203

485-Add certain mileage to ___________________________ .1112,1113,1171,1203 489-Add certain mileage to_________________________________1130, 1171,1296

490--Add certain mileage to____________________________ 1130, 1131,1171,1202

491-Add certain mileage to_________________________________ 1131, 1171,1202

499-Add certain mileage to_________________________________ 1166,1257 ,1296

500--Add certain mileage to_________________________________ 1166,1257, 1295 518-Add certain mileage to_________________________________ 1287 ,1412,1495 520--Addcertainmileageto_________________________________ 1287,1412,1492

536-Add certain mileage to_________________________________ 1379, 1413,1492

537-Add certain mileage to_______________________ 1379, 1484,1487,1557,1558

1856

INDEX

547-Add certain mileage to_________________________________ 1543, 1598,1679

550-Add certain mileage to_________________________________ 1573, 1633,1680 555-Addcertainmileageto_________________________________ 1574,1633,1680

565-Add certain mileage to_________________________________ 566-Add certain mileage to_________________________________

1704,1752 1704,1752

HIGHWAY PATROL (See PUBLIC SAFETY, DEPARTMENT OF)

HIGHWAYS, PUBLIC (See HIGHWAY MAP, NEILL-TRAYLOR)-

177-Abandon Newnan-Atlanta road _____ ------------------ 224,252,621

207-Regulate use oL ________ __ __ ____ _________ __ __ ________ _

272

HUNTING (See GAME AND FISH)

I ICE CREAM DEALERf? (See TAXES AND TAX LAWS)

INCOME TAXES (See TAXES AND TAX LAWS)

INDEXES AND INDEXING (See CODE AMENDMENTS)

INDUSTRIAL BOARD-

89-Compensation of members of _________________________ _ 127,191,192

141-Restrict appeal from award by________________________ _

180,595

INHERITANCE TAX (See TAXES AND TAX LAWS)

INSURANCEANDINSURANCECOMPANIES-

54-Industriallife, regulate business oL_ ___ __ ______ 93,282,283,431,432

433,1324

78---Investments by, amend Code__________________________ 112,283,979,

980,1270,1271

83-Fire, theft policies, tax on_____________________________

113

102-Regulate rates for fire_________________________________

130

268---Tax on persons, firms in business oL_________________

369,388

60-297b-Premiums of, Tattnall prison____________________

405,4!10

50'7-ReqUire invest in Georgia securities___________________

1182

525-Refund premium, cancellation________________________

1332

INTANGmLE PROPERTY (See TAXES AND TAX LAWS)26-Leyy taxes on certain classes _________________________71,353,388,505,
540. 554. 699.704

J

.JOINT SESSIONs-

Hear Governor Rivers______________________________________

25

Hear Governor Rivers______________________________________

1500

INDEX

11357

JUDGES, JUDICIAL OFFICERS (See CODE AMENDMENTS) (COURTS, SUPERIOR)-
66-Further define qualifications _________________________ _
189-Disqualify when related to counseL__________________ _

109,837 244

JUDICIAL CIRCUITB15-Dublin, salary of solicitor_ ___________________________ _ 24,377,424 193-Brunswick-Waycross, amend Act dividing_ ____________ _ 245,418,579

JURY COMMISSIONERS42-Amend Code reference to_____________________________ _ 74,191,428

JUSTICES OF THE PEACE (See COURTS, MUNICIPAL)

L

LAND CONSERVATION (See CONSERYATION AND SOIL CONSERVA-

TION DISTRICTS)

-

LAW AND LAW PRACTICE (See CODE AMENDMENTS)-

528-Defining practice oL _______________________________ ~ __

1364

LEGISLATORS (See GENERAL ASSEMBLY)
LETHAL GAB359-Substitute for electrocution__________________________ _
LIBEL, CRIMINAL-172-Amend Code reference to_____________________________ _

586,712

LICENSES AND LICENSE FEES (See CODE AMENDMENTS) (FISH DEAL-

ERS) (MOTOR VEmCLES) (TAXES AND TAX LAWS)22-Disabled veterans, eligibility for_______________________ 70,209,267

84--Tags, stamps, etc., Purchasing Dept. secure___________ 113,191,983 122-Commercial fishing boats______________________________ 147,283,1280 194-Auto tags, local distribution___________________245,320, 1280,1325,1342

221-Chain stores, amend_____ ------- _____ ---------_________ 275,451,1317

234---Wholesale dealers, farm products ________ -------- ___313,451, 1356,1499

273-Wholesale fish dealers, annual license_________________

370,491

274--Accessory, junk dealers, etc.___________________________

371,491

444--Motor vehicles, amend_________________________________ 938,1256,1257

551-Automobile financing, increase amount________________ 1573,1633

LIQUOR AND LIQUOR LAWS (See ALCOHOL AND ALCOHOLIC BEVERAGES)

LIVESTOCK-

17-Dealers in, further define__________ ------- ____________ .24,104,105,195

348-Buying without paying, punishment__________________

520,852

356-Dealers in, amend Tax Act_____________________________

545,743

562-Goats, running at large________________________________

1624

1868

INDEX

LOANS AND LOAN SHARKS (See SALARIES AND WAGES)-

191-Regulate small loan business__________________________

245

M

MALT BEVERAGES (See ALCOHOL AND ALCOHOLIC BEVERAGES) (TAXES AND TAX LAWS) (WINES}--
1-License, excise tax on, amend_______________________20,95,123,137,138
229-Distribution revenue from_____________________________ 277,451,730 483-License, excise tax on, amend__________________________ 1112,1486

MARKERS, MONUMENTS, MEMORIALS, Etc.25-103a-Grave of Wm. Rabun_____________________________

130,251

64-298b-Bona Allen Memorial Highway____________________ 406,453,631 94-366b-Sam Tate Highway____________________________668, 742,1367,1368

132-485a-Crawford W. Long Highway_____________ 1113, 1170, 1201, 1202, 1558 165-544a-Howell Cobb-John Addison Bridge_______________ 1484,1598,1680 178-562a-Thomas M. Bell Highway_________________________ 1624,1656,1780

185--Senator Hoke Smith, erect monument_________________ 1721,1722

MARKETING COMMISSION, GEORGIA546--Tocreate______________________________________________ 1543,1636,1637

MARKETS, STATE FARMERS206-Repeallimitation on number. ________________________ _

272,451

MARRIAGES AND MARRIAGE LICENSE LAW (See CODE AMENDMENTS)

(ORDINARIES)245-Alienation of affection, suit __________________________ _
248-Application for license, method_______________________ _ 389-Fix fee for license_____________________________________ _

316 343,742,743
735

MATTRESSINSPECTOR138-Repeal Act providing for ___________________________ . __ _

179,490

MESSAGES (See COMMUNICATIONS)
MESSAGES, SENATE _____________ 24,25,118, 137,151,183,184,214,215,231,232, 257,266,289,290,324,346,347,348,349,373,374,428,429,430,475, 476,503,504,522,523,535,545,546,547,586,588,589,590,591,625, 626,662,663,664,665,666,667,680,697,703,704,710,729,730,747, 748,799,800,801,802,804,812,813,831,832,833,834,853,854,855, 856, 864, 867, 868, 946, 963, 964, 965, 991, 992, 993, 1004, 1012, 1013,1046,1047,1116,1117,1121,1128,1129,1172,1173,1185,1187, 1188,1250,1253,1254,1255,1291,1292,1293,1337,1338,1368,1381, 1414,1416,1417,1418,1487,1488,1490,1491,1548,1549,1568,1570, 1571,1572,1613,1614,1615,1634,1635,1636,1658,1659,1660,1678, 1701,1702,1703,1748,1749,1750,1769,1770,1772,1775,1776,1779, 1780,1790,1791,1792,1793,1798,1825,1826,1827,1828,1836

INDEX

1859

MILEAGE TAX (See TAXES AND TAX LAWS)

MILK (See AGRICULTURE AND AGRICULTURAL PRODUCTS)

MILK BOARD139--Repeal Act creating___________________________________ _

179,466

MONOPLY132-Copyrighted musical compositions. ___________________ _

178,490

MORTGAGES, DEEDS, BILLS OF SALE, ETC.-

244-Priority of crop mortgages ____________________________ _

315

MOTOR FUELS AND MOTOR FUEL TAXES (See TAXES AND TAX

LAWS)--

284-Retail sale, distribution, regulate______________________

402

MOTOR VEffiCLES (See COMMON CARRIERS) (LICENSES AND

LICENSE FEES) (TAXES AND TAX LAWS) (CODE

AMENDMENTS)--

2-Repeal maintenance tax on____________________________ 20,189,215

3-License taxes on, amend. __________________21,251,325,601,602,626,675

126-Reciprocal agreements, other states__ ---------147,227,1358,1370,1679,

1718,1719

266-Possession when seized, bond_________________________

369,527

343-Pneumatic tire, speed limit____________________________

519,1256

354-Proper display of tags for______________________________

522

444-Licenses for, amend___________________________________ 938,1256,1257

467-Signs, signals of operators_____________________________

990,1043

MUSICAL COMPOSITIONS132-Copyrighted, when a monop].y________________________ _

178,490

N

NATIONAL GUARD203-Amend Code reference to. ____________________________ _
0
OFFICIAL ORGANS5-Designation of, amend Act ___________________________ _
346-Selection, certain counties ___________________________ _
OLD AGE PENSIONS (See PENSIONS) (SOCIAL SECURITY)
-ORDINARIES (See FEES AND FEE SYSTEMS)164-Issuing marriage license unlawfully __________________ _

247,286
21
520
204,252

1660

INDEX

ORGANIZATION-

Proclamation of Governor__________________________________

6, 7

Oath to new members______________________________________

15

Election of Clerk_________ -------___________________________

17

OYSTERS (See GAME AND FISH) (SEA FOODS)

p PAPER PULP INDUSTRY (See APPROPRIATIONS)

PARKS, STATE (See REVOLVING FUND)

PATROL, STATE IDGHWAY (See PUBLIC SAFETY, DEPARTMENT OF)

PENAL ADMINISTRATION, STATE BOARD OF (See APPROPRIATIONS)

34Q--Tocreate----------------------------------------------

482,528

PENSIONS (See SOCIAL SECURITY)39-Veterans' widows entitled to, define___________________ 74,190,427
3'7-176a-Mrs. Shirley Gay Reynolds_---------------------- 224,797,955 549--Confederate, increase _________________________________ 1543,1544,1598

PHARMACIES AND PHARMACISTS (See DRUGS, DRUG STORES, PHARMACIES)

PLANNING BOARD, STATE-

135-Repeal Act establishing_______________________________

179

POLL TAXES (See ELECTIONS AND ELECTION LAWS)

'PROmBITION (See ALCOHOL AND ALCOHOLIC BEVERAGES)

PUBLIC SAFETY, DEPARTMENT OF218-Amend Act creating__________________________________ _ 62-297d-Deputize highway employees, amend_____________ _

274 405,452

PUBLIO SERVICE COMMISSION (See COMMISSION, PUBLIC SERVICE)

PUBLIC UTILITIES (See MOTOR VEIDCLES)

PUBLIC WELFARE, DEPARTMENT OF (See ELEEMOSYNARY INSTITUTIONS)

B. RACES AND RACING COMMISSION-
152-Create State________________________________________ 182,228,1126,1143

INDEX

1861

RADIO COMMISSION, STATE32-128e-Appropriation for operation __________ ------ __ 149,192,1353,1354,
1357, 1358,1810

REAL ESTATE-

265-Confirmation of sales, foreclosure ____________________ _

369

REFUNDING CERTIFICATES, mGHWAY (See CERTIFICATES, mGHWAY)

RECIPROCAL AGREEMENTB126----0peration motor vehicles, other states_____________ 147,227,1358,1370,
1679,1718,1719

REFUNDS (See TAXES AND TAX LAWS)

REGENTS, UNIVERSITY SYSTEM OF GEORGIA (See APPROPRIATIONS)

REGISTRARS, COUNTY41-Appointment of _______________ ------- __ ---------- ____ _ 74,152,198

RENTALS (See WESTERN & ATLANTIC RAILROAD)

REPORTERS, COURT (See COURT REPORTERS)

REPORTS, SPECIAL--

State Auditor, members on payrolL________________________

156,157

Hon. Wilmer D. Lanier___________ ---------------- __________158,159,160,161

Hon. Clement E. Sutton______------------------------------

172,173

REPORTS, SPECIAL COM:M:ITTEESLegislative Tax Committee__________ ------------- __________ _ Confederate Soldiers Home, Adjutant General_____________ _
Fulton County Highway mileage bilL---------------------~ County expense, old age pensions _________________________ _ Pensions, letter of W. W. Webb ____________________________ _

78 843 1118 1553,1554 1828,1829

REPORTS, SUPREME AND APPEALS COURTS (See PART ll. HOUSE

RESOLUTIONS)

.

REPORTS, STANDING COM:M:ITTEESAmendments to Constitution No. 1_____94,184,375,834,1132,1407,1544,1704 Amendments to Constitution No. 2___ 113,185,205,206,225,316,317,409,444, 591,726,738,941,993,1113,1132,1245, 1246,1610,1705 Appropriations __________________________________ 185, 409,445,483,1245,1625 Banks and Banking_____________________ ------- ___________ .1407,1408,1574
Conservation_______________________________ ---------------- 277,410,834

1862

INDEX

Corporations_______________________________________________ 1332, 1625 Counties and County Matters________ 103, 149, 185, 186, 225, 226, 247, 248,
277, 317, 349, 350, 375, 410, 411, 445, 483, 523, 524, 591, 592, 725, 739, 795, 834, 835, 868, 869, 965, 993, 994, 1039, 1132,1167,1183,1246,1287,1332,1333,
1380,1408,1485,1595,1611,1625 Education No. !_ ______________________ ---------- ________445,446, 1010,1364 Engrossing_____________114, 131, 149, 186, 206,226,248,278,317,350, 375,376,

411,446,447,484,524,547,592,668,669,711,725,739,
795, 835, 851, 869, 940, 965, 966, 994, 1010, 1039, 1040,
1114, 1132, 1167, 1183, 1246, 1288, 1333, 1365, 1380, 1408, 1484, 1544, 1575, 1594, 1626, 1655, 1705, 1751 EnroUUneiit_____________ 150, 186,206,207,248,278,350,376,447,484,524,592,

669,670,739,795,835,851,852,869,940,966,994,1011, 1040, 1114, 1168, 1184, 1246, 1247, 1288, 1333, 1380, 1409,1485,1544,1545,1575,1595,1611,1626,1705,1752 Clalneand Flsh__________________________________________278,484,740,1626

General Agriculture No. L ___________________________ 104,411,412,740,1011 General Agriculture No. 2 ____________________________350,446,869,870, 1627

General .Judiciary No. L _____________ 187, 249, 317, 318, 524, 525, 547, 711,

966,1132,1184,1545

General .Judiciary No. 2_ -------------------------150,447,485,592,852,1706 Hygiene and Sanitation____________________________________ 279,412,593
Industrial Relations__________________________________ 187,226,593, 940,1486

Insurance__________________________________________________

279

.Journals _______________ 69, 90, 102, 108, 126, 143, 177, 202, 222, 243, 271, 312,

342,368,401,441,478,518,544,584,667,708,722,734,

792,829,849,861,937,961,989,1008,1011,1111,1130,

1165, 1180, 1243, 1285, 1330, 1363, 1377, 1405, 1482,

1542,1572,1593,1609,1623,1655,1703,1750

l41litary Jlffairs_____________________________________________

279,485

Motor Vehicles ___ ------------------------------------------

376

Municipal Govemment___________114, 131, 132, 150, 187, 207, 249, 318, 351,

376, 377. 412, 447' 448, 485, 486, 525, 548,

726,870,966,967,994,995,1134,1168,1169,

1248, 1288, 1334, 1409, 1545, 1627, 1628 P e n i t e n t i a r y________________________________________ 525,711,1134,1289,1706

Pensions___________________________________________________

351,796

Privileges and Elections__________________________________ 249,250,486,1595

Public Highways No. L __________ 188, 250,318,352,448,525,526,1040,1247,

1485, 1596, 1611, 1656, 1706, 1707 Public Highways No. 2 ___________ 132, 207, 208, 226, 227, 280, 319, 352, 412,

413, 448, 449, 486, 548, 549, 740, 835, 836,

870, 871, 996, 1041, 1168, 1247, 1409, 1410,

1596,1628,1707,1750,1751 Public Library_______________________________________ 280,413,487 ,1169,1628

Public Welfare___________________________ 188,280,281,593, 594,995,1248,1629

INDEX

1863

EL~es ____________________________74,75, 133,235,256,340,465,568,574,659,

698,802,803,1026,1272,1368,1577 Special Appropriations _______ --------- _______250,251,281,487 ,836,946,947,
1169,1410,1596,1597 Special Judiciary_________________ 208, 227, 352, 377, 413, 414, 487, 488, 526,

594, 741, 836, 967, 1134, 1135, 1248, 1249,

1575,1629,1630

State Prison Farm__________________________________________

594

State of the ELepublic ____________151, 188, 189, 251, 281, 282, 319, 449, 488,

489, 796, 837, 996, 1249, 1334,1546,1630,1707

State Sanatorium___ -------------------____________________
~emperance________________________________________________

1410 449

lJidversity Systemof{;eorgja_______________________________ 319,670,712

Ways and Means__________________94,189, 208,209,282,353,414,415,449,450,

489, 796, 1114, 1249, 1334, 1335, 1486, 1601, 1602,1630,1631

ELEPELESENTATIVES (See GENEELAL ASSEMBLY)

ELESEAELCH LABOELA~OELY, ELEGIONAL297-Appropriation to establish ___________________________ _

404,492

ELESIGNATIONS-

Andrew J. Kingery, clerk__________________________________ _

16

ELEVOLVING FUND103-For State Park development, create___________________ _

130,283

ELOADS, S~A~E AID(SeeffiGHWAYS)(mGHWAYMAP,NEILL-~RAYLOR)

ELOLLING S~ORES (See ~AXES AND ~AX LAWS)
s

SALAELIES AND WAGES (See LOANS AND LOAN SHARKS60--Assignments of_______________________________________ _ 192-Regulate sales of _____________________________________ _
461-State employees over $200, reduce_____________________ _

103 245 963,1257

SAVINGS AND LOAN ASSOCIATIONS (See BlJILDING & LOAN ASSOCIATIONS)
SEA FOODS (See GAME AND FISH)117-Repeal Act pertaining to industry_____________ 146,418,1031,1032,1731 121-Crabs, amend Act taxing______________________________ 146,523,742

SCHOOLS AND SCHOOL LAWS (See COUNTIES AND CO~
MA~ERS}--
256---Boards of Education, certain counties_________________ 344,4

78

1864

INDEX

257-Hazlehurst, school system_____________________________ 344,378,422

366-Insure life, teachers, certain counties_________________ 668,727,958

388--Gross income tax to support___________________________

735

437-Board of Education, certain counties_______________862,968,1177,1201

448-Floyd County, levy tax for_____________________________ 939,998,1195 459--School district name, Hall County_____________________ 963,1043,1115

463-Beaverdam school, bonded indebtedness_------------- 990,1136,1300 484--Teachers pensions, certain counties_____________ .1112, 1137,1193,1550

523-Transportation, pupils and teachers__________________ 526-Instruct child inmates, Alto___________________________ 171-558a-Brantley County, tax levy for_____________________

1331,1365 1332,1365 1594,1612

SEINING (See GAME AND FISH)

SEIZURE (See CODE AMENDMENTS) (VEHICLES)

SENATORIAL DISTRICTS-

552-Create four new____ -----------------__________________

1573

SENATORS (See GENERAL ASSEMBLY)

SHERIFFS, DEPUTY SHERIFFS (See BONDS) (FEES AND FEE SYSTEMS) 72-Increase compensation, certain counties---------110,111,153,579,1155

SIGNS, SIGNALB467-0perators of motor vehicles, give______________________ _

990,1043

SLOT MACHINES (See VENDING DEVICES}-

SOCIAL SECURITY LAWS (See PENSIONS}38-Amend Appropriation Act relative to__________________ _ 73,417,572

SOFT DRINKS (See BEVERAGES) SOLDIERS (See PENSIONS)

SOLICITORS GENERAL15-Dublin Circuit, salary oL ____________________________ _ 107-Assistant, certain counties___________________________ _ 488-Empower Governor to remove_________________________ _
SPEED LIMITS (See MOTOR VEHICLES)

24,377,424 131,153,577
1130

STABILIZATION FUND82-Provide for creation of_______________________ .112, 113,191,236,237,607

STATE AID ROADS (See HIGHWAY MAP-NEILL TRAYLOR)

STATE HIGHWAY DEPARTMENT (See HIGHWAY BOARD, STATE)

INDEX

1865

STATE TAX COMMISSIONER2 7 - - < J r e a t e o f f i c e o f _____________________ 71,416,732,733,749,1217,1218,1390

STOCKS, BONDS, SECURITIES (See BONDS) (CORPORATIONS)

(INSURANCE AND INSURANCE LAWS)--

58-Provide tax on transfer oL ----------------------------

93,417

STORES (See CHAIN STORES) (LICENSES AND LICENSE FEES) (TAXES AND TAX LAWS)

SURETIES ON BONDS (See BONDS)47-226a-A. T. Simerly, relieve_____________________________ 276,419,982 59-297a-R. L. Tindol, relieve______________________________ 405,1135,1295
112-439a-Charles R. Wrenn, relieve_________________________ 863,968,1020 138-504a-Thomas L. Clary, relieve__________________________ 1182,1256, ~296 156-528a-!lrs. Ida Lesser, relieve___________________________1364,1381,1495

T

TAGS (See LICENSE AND LICENSE FEES)-
84-Stamps, etc., Purchasing Dept., furnish.______________ 354-Proper display oL--------------------~----------------

113,191,983 522

TAX APPEALS, BOARD OF29--Amend Code reference to ___________________________________72,95,196

TAXES AND TAX LAWS (See ALCOHOL AND ALCOHOLIC BEVERAGES)

(APPROPRIATIONS) (CODE AMENDMENTS) (ELECTIONS AND

ELECTION LAWS) (LICENSE AND LICENSE FEES) (MOTOR

FUELS) (TAX COLLECTORS AND TAX RECEIVERS)--

1-Malt beverages, license and exeise___________________20,95,123,137 ,138

2-Maintenance, trucks and busses_______________________ 20,189,215 3-Motor vehicle license, amend_______________21,251,325,601,602,626,675

11-Theaters, occupation, license__________________________ 22,95,156

2(}--Motor fuel tax law, amend_____________________________

70

21-City of QUitman, ad valorem tax_______________________70,115,135,136

26-Classify property for__________________71,353,388,505,540,554,699, 704 4(}--Motor fuel, distribution to counties ___________________74,191,427 ,428

43--Soft drinks, tax paid crowns_______91,288,289,360,397 ,423,424,466,498

44-Theaters, operas, amusements_________________________

91

51-Estate or inheritance__________ ----------------- _______92 ,209,430,979 53--Soft drinks_________________________________________ 93,1602,1616,1617

58-Transfers stocks, bonds_______________________________

93,417

59-Cigars, cigarettes, amend__________________________94,191,431,609 ,610

67-Minimum assessed valuation for, fix___________________ 73--Income, minimum tax, amend._________________________

109,110 111

79-Mileage tax, refund____ ---------- __ -----------------112,417,1236,1237

81-Income taxes, amend __ ----------------_--------_______

112

1866

INDEX

83--Fire, theft insurance policies___________________________

113

84-Tags, stamps representing money______________________ 113,191,983

85--Manufacture spirituous liquors, tax___________________

113,450

87-"endingdevices_______________________________________ 127,450,1560

101-Income, amend Code___________________________________ 129,130,210

111-Gas tax distribution to counties___________ 144,145,289,359,1264,1276,

1620,1621,1639,1646 114-County, purposes may be levied_______________________ 145,417,575

121-Crabs, amend Act taxing______________________________ 28-128a-Forest fire protection, leyy________________________ 30-128c-Refund tax to D. Yalovitz________________________

146,523,742 148,211 148

142-Cigars, cigarettes, amend Code_________________________

180

35-152a-Policy of State, relative collection_________________

182

!57-Mileage tax, declare amount due State_________________

203,377

161-Rollingstores ___________ 203,307,418,804,843,1304,1723,1727,1784,1793

166--Mouth wash, tooth paste, etc._________________________

204,320

46-216a-Exemptions from ad valorem ____ ----------------221-Chain store, license, tax, amend_______________________ 226--Limit one mill, state ad valorem_______________________ 240--Motor Fuel tax act, amend_____________________________

274 275,451,1317
276 314,419,980

249--Leyy additional! on gasoline_________________________ 255--Income, scale of, change_______________________________

343,491 344

264--Ad valorem, real estate, abolish________________________ 267-Corporation license fees_______________________________

346,420 369

268--Insurance business _______________ ---------------_____ 274--General Tax Act, amend_______________________________

369,388 371,491

277-Chain store tax allocation, amend_____________________ 371,421,1281

278--Chain store, amend ____________________ ---------- ___ 371,372,491, 1315

280--Ice cream dealers______________________________________

372,797

58-282a-Support counties, municipalities_________________

372,373

298--Motor fuel tax law, leakage, amend____________________

405,492

299-Executions for, accrual of penalties____________________

406,493

322-County leVY, pay agricultural agent ___________________444,494,575,576

341-Motor fuel, reduce_____________________________________

482

353--Issuance invalid executions for________________________

521

356--Traveling livestock dealers_____________________________

545,743

361-Peanut vending machines_____________________________ 103-38la-Livestock, tax____________________________________

585,1260 724

388--Gross income tax_________________ --------------_______

735

39Q--Electricity, telephone calls, etc.________________________

735,799

402-Motor fuel tax act, amend _____________________________ 737,738,1042

403--County fairs, amend Tax Act__________________________

738,798

413--Chewing gum ___ --------------- ____ -------------------

794,1256

417-Retail sales, tangible personal property________________

830

42Q--Sales, occupations ________________________________ 830, 1335,1338,1339

448--Floyd County leVY, high schooL______________________ 939,998,1195

454--Delinquent, partial payments_________________________

962,1632

458--Pay monthly, quarterly basis__________________________ 962,963,1289

INDEX

1867

464-Commodity stamp tax, provide_________________________

990

470--Authorize counties levY 1 gas tax_____________________

991

474-Collection delinquent, commission____________________ 1009,1632 129-474a-Refund to D. Yalovitz____________________________ 1009,1170,1312

475---Taxable situs, intangible trust property_______________ 1009,1115

483-Malt Beverages, amend________________________________ 1112,1486

487-Priority of tax executions______________________________ 1113,1632

506-Auctioneers, amend Tax Act ______________________ 1182,1258,1691,1812

514-Real estate brokers, repeaL___________________________
151-522b-Refund maintenance, o. G. Florence_____________

1244,1245 1331,1412

538-Poll tax liability, change age___________________________

1406

541-Maximum limit levY, county purposes__________________

1407

551-Automobile financing, increase________________________ 1573,1633

554---! on gasoline, additional, allocation___________________

1574

563-0n all business transactions__________________________

1624

TAX COLLECTORS AND TAX RECEIVERS (See COUNTIES AND

COUNTY MATTERS) (TAXES AND TAX LAWS}65---Vest certain powers of sheriffs in_____________________109,353,354,435

133-Commissions allowed, amend Code____________________

178

252-Pierce County, repeal Act abolishing _________________ 344,378,421,422

253-Pierce County, create offices of________________________ 344,378,422

259-Telfair County, abolish _____ ------------------------ _345,420,457 ,623

301-Weekly settlements, certain counties ___ --------------320--Glrnn County, consolidate____________________________ 328-Brantley County, amend______________________________

406,407 444
480,595

336-Dade County, amend__________________________________ 481,596,671

84-350a-Wilkinson County, certain checks________________

521

358-Haralson County, amend______________________________ 545,597,672

387-Liberty County, abolish_____________________________ 734, 797,839,1323

404--List taxpayers alphabetically, require__________________ 738,798,959 431-Relieve penalties, certain counties ____________________ 850,873,874,959

495---Brantley County, amend Act abolishing__________1131,1171,1189,1674 510--Cook County, amend Act abolishing___________________ 1244,1336,1366

512-Pierce County, bonds _________________________________1244,1289, 1336

530--Stephens County, amend Act abolishing_________1378,1412,1487,1722

TAX COMMISSIONERS (See COUNTIES AND COUNTY MATTERS)

(TAXES AND TAX LAWS)-

14-Wilkes County, amend Act creating____________________ 24,104,116 27-State, create office of_ ______________71,416, 732,733,749,1217,1218,1390 65---Vest certain powers of sheriffs in ____________________109,353,354,435 118-Douglas County, amend______________________________ 146,192,213,643

216-Hart County, compensation___________________________ 274,419,455 252-Pierce County, repeal Act creating____________________344,378,421,422 259-Telfair County, create________________________________345,420,457,623

328-Brantley County, amend_______________________________

480,595

336-Dade County, amend__________________________________ 481,596,671

1868

INDEX

358-Haralson County, amend______________________________ 545,597,672 371-Commissions, certain counties _________________________ 709,728,1006 387-IJberty County, create ______________________________ 734,797,8S9,1323
452--Ta.ylor County, salary __ ------------------------------_ 939,998,1016 495-Brantley County, compensation __________________1131,1171,1189,1674 51Q-Cook County, amenQ. Act creating_____________________ 1244,1336,1366
TAX EXECUTIONS (See TAXES AND TAX LAWS)

TAX FERRETS197-Prohibit employment or payment oL _________________ _
474-Prohibit employment of ______________________________ _

246,285 1009,1632

TAX FI FAS (See TAXES AND TAX LAWS) TEACHERS (See SCHOOLS AND SCHOOL LAWS)

THEATERS11-License, occupation tax on ___________________________ _ 44-Tax on paid admissions to____________________________ _

22,95,156 91

TIDEWATER LAND105-Repeal Act fixing boundaries _________________________ _ 106-Reversion of title oL _________________________________ _
TIMBER PROTECTIVE ORGANIZATIONS2~Validate incorporation of______________________________

130,131 131
70,71

TOBACCO (See AGRICULTURE AND AGRICULTURAL PRODUCTS) (TAXES AND TAX LAWS)

TOOTH PASTE, BRUSHES, WASHES, ETC.166-LeVY tax on sales, use ________________________________ _

204,320

TRAPS AND TRAPPING (See GAME AND FISH)

TREASURERS, COUNTY (See COUNTIES AND COUNTY MATTERS)169-Newton County, salary _______________________________ 205,229,253,254
296--IJberty County, repeal Act abolishing_________________ 404,492,532 422--Wilcox County, repeal Act abolishing_________________830,872,942,943
479-Elbert County, compensation_____________________ 1010,1136,1137,1175 542-Wilcox County, election of_____________________________ 1407,1487,1547

u

UNEMPLOYMENT COMPENSATION LAW-

21Q-Amend Act known as_________________________________ _

273

v

VEHICLES (See MOTOR VEHICLES)285-Loaded with contraband liquors, seizure _____________ _

402,1632

INDEX

1869

VENDING DEVICES-

87-Provide tax on________________________________________ _ 127,450,1560

131-Control operation of _________________________________ _

178

361-Peanut, exempt from tax act _______________________ "__

585,1260

378-Amend Code reference to. ____________________ ---------

723,1256

VETERANS (See PENSIONS)22-Disabled, eligibility for license________________________ _ 70,209,267

VOTERS (See ELECTIONS AND ELECTION LAWS)
w

WAREHOUSE COMMISSION, STATE275-Issuance of negotiable receipts by____________________ _

371,421

WAREHOUSE RECEIPTS LAW, UNIFORM204-An Act to be known as ________247 ,321,1178,1200,1673,1721,1761,1762, 1772,1773,1780,1796,1818,1819.

WELLS, OIL, GAS AND WATER18(}-Govern drilling, operation of _________________________ _

225,418

WESTERN AND ATLANTIC RAILROAD54Q-Governor set apart rentals___________________ 1406, 1546,1654,1660,1785

WINES (See BEVERAGES, SOFT DRINKS) (ALCOHOL AND AL-

COHOLIC BEVERAGES) (MALT BEVERAGES)-

188-Amend Wine Act _______________244,418,1601,1604,1615,1616,1688,1689

312-Amend Wine Act______________________________________

442

y

YEARS SUPPORT7Q-Superior to tax liens _________________________________ _ 129-Funeral expenses, priority over_______________________ _
z

110,153' 177

ZONING AND PLANNING LAWS (See CHARTERS AND CORPORATIONS, MUNICIPAL) (COMMISSIONERS, ROADS AND REVENUES) (COUNTIES AND COUNTY MATTERS)-
6-Certain cities, counties, authorize _____________ 21,152, 194,266,290,291 37-Glynn County, commissioners authority to____________ 73,105,116 227-Fulton County Commissioners, establish_____________276,490,528,529 289-Certain counties, set up __________________________403,452,579,580,582 305-Regulate, enforce, certain counties __________________407 ,453,614,1117

18'70

INDEX

PART II

HOUSE RESOLUTIONS

1-Notify Senate_______ :__________________________________

15

2-Notify Governor_______________________________________

16

3-Notify Senate, election of clerk________________________

19

4-Notify Senate__________________________________________

19

5--Joint session, hear Governor__________________________

19

&-Appointment, compensation, attaches_________________

20

7-13a-Poll tax, eliminate_________________________________

22

8-13b-Amend rules, reports conference committees_______ 23,75,95,96

9-13c-Amend rules, Senate amendments ______________ 23,75,291,435,436

1Q-13d-Amend rules, conference committee_______________ 23,75,291

11-13e-Amend rules, substitute bills, etc. _________________ 23,75,291,292

12-38a-Law books, Fannin County___________ ------------- 73,74,489,970

13-Information, State auditor____________________________

75, 76,97

14-Sympathy, Hon. Allen Chappell_______________________

76

14a-Investigate members of House, payroll________________

78,98

15--Death of Dr. Charles N. Howard_______________________

76

16-Death of Hon. G. B. Baggs____________________________

77

17-29a-Law books to Crawford County____________________ 94,416,839

18--0rder of business, tax bills____________________________

105

19-Investigate Pulp-wood situation ______________________ 105, 106,118,119

2Q-Investigate Dept. of Public Welfare___________________ 106,282,359,360

21-Minimum payment, income tax________________________ 22-Anti-Lynch Law_______________________________________

122 122,123

23-Appreciation to Georgia-Ga. Tech______________________

123

24-Appreciation, Local Theaters__________________________

123

25-103a-Mark grave of Wm. Rabun________________________

130,251

26-103b-Law books to Dodge County______________________ 130,283,1141

27-Sympathy, Hon. G. C. Dugas__________________________

141

28-128a-Authorize levy tax, Forest Fire Protection_ ______ _

148,211

29-128b-Gainesville, bonded indebtedness, Refund_______ 148,211,644

3Q-128c-Refund tax to D. Yalovitz________________________

148

31-128d-Acoustical Equipment, appropriation____________ 148,149,209

32-128e-Appropriation, Radio Commission ___ 149,192,1353,1354,1357,1358

33-Confidence, Clement Sutton and Wilmer D. Lanier____ 34-Roosevelt visit to Gainesville, holiday__________________

173 175,176

35-152a-Collection of taxes, State Policy__________________

182

36-Enforcement, Game and Fish Laws____________________

202

37-176a-Mrs. Shirley Gay Reynolds, Pension______________ 224,797,955

38--H. B. 14-Highway, Fulton County____________________

232,233

39-Memoralize Congress, Cotton tax repayment___________

234

4Q-Sine Die Adjournment_-------------------------------

235

41-194a-Tennessee Copper Company, Litigation___________ 245,246,285

42-Macon Telegraph, thanks______________________________

255,256

43-Invite Ex-Governors to address Assembly______________

256,289

1872

INDEX

92-Hon. D. F. McClatchey________________________________

628

93-Appropriation $100, Wade H. Davis_____________________

668

94-366b-Sam Tate Highway, Designate_________________668, 742,1367,1368

95-Cotton, Peanut Products, Licenses and Taxes_________

673

96--Hon. Wiley Moore, thanks_____________________________

682

97-Naval Stores, operators, aid____________________________

695,696

98-New Legislative Manuals_______________________________

713

99-Franklin D. Roosevelt, Birthday_______________________

713

1QO-Endorsing President Roosevelt _______ -----------------

721

101-380a-Law Books, Chattooga County_________________723, 742,1491,1492

102-Information, Dept. of Public Welfare__________________ 103-381a-LivestockTax____________________________________

728,803 724

104-Invite Governor to make address_______________________ 728,729,748

105-400a-Per Diem, Members of General Assembly__________

737

106-400b-Annual Meeting, General Assembly_______________

737,1708

107-Hon. W. W. Larsen, Sympathy to family________________

749

108-Hon. W. F. Patten, Sympathy__________________________

814

109--Birthday, Hon. L. C. Ragan___________________________

843

no-Saturday Evening Post, Article________________________

857

HI-Sympathy, Hon. J. L. Mavity__________________________

875

112--439a-Relieve Charles R. Wrenn, Surety_________________ 863,968,1020

113-"Live at Home" Program_______________________________

875

114-Sine Die Adjournment________________________________

935

115-Hon. Cecil B. DeMille, Invite___________________________

946

116-45la-Appropriate $200, pay R. R. Singleton____________ 117-Displayof Flags_______________________________________

939,1170 958

118-Hon. Lige Corbett, Birthday___________________________

958

119--Hon. W. A. Wages, illness of family____________________

958

12o-455a-Law Books, Jefferson County_________________962,997, 1141,1142

121-Purchase of Driver's Licenses__________________________

978

122-Showing of Motion Picture____________________________

978,979

123-Hon. J. T. Houze, thanks_____________________________

979

124-470a-Advertise Georgia on Envelopes___________________

991,1014

125-Atlanta Constitution, Reporter________________________ 126--Anti-Lynching Bill____________________________________

1006 1029

127-Senator W. A. Sutton, Sympathy______________________

1029

128-Appreciation, Warren Arena___________________________

1030

129-474a-Refund Tax to D. Yalovitz________________________ l009,1170,1312

130--Air Mail Routes, new__________________________________

1037"

131-480a-Law Books, Tattnall County______________________ l039,1170,1369

132-485a-Crawford W. Long Highway_____________ l113, 1170,1201,1202,1558

133-Amend Rules__________________________________________

1117

134-Birthday, Robert E. Lee_______________________________

1121

135-Amend Rules__________________________________________

1126

136-499a-Refund License Fee (Sea Food Dealers)___________ 1166,1632 137-503a-Commissioners, Clinch CountY, Pay Money_______ ll81,1256,1290 138-504a-Relieve T. L. Clary, Surety _______________________ l182,1256,1296

139--Hon. Logan Blackley___________________________________

1191

INDEX

1873

140-Pulp-Wood Investigating Committee___________________

1194

141-0pinions, Attorney GeneraL __________________________ 1195, 1708,1709

142-Mr. & Mrs. Randall Evans, Congratulations____________

1213

143-Recess Adjournment__________________________________

1213

144-Hon. James Glenn Nance, Sympathy____________________

1217

145---Hon. W. F. Patten, Sympathy__________________________

1275

146-517a-Estate ofT. G. Farmer, et. al., relieve________ 1286,1576,1680,1681

147-County Participation, Old Age Assistance_____________ 1293,1294

148-Sine Die Adjournment________________________________

1314

149-Families of House Members, bring to Atlanta__________

1314

15D-522a-Appointment of Governor, Ordinaries, et. aL____

1331

151-522b-Refund Tax, 0. G. Florence______________________

1331,1412

152-Purchase Tags, Driver's Licenses______________________

1352

153-Professor John C. Barnes, Name Dormitory____________

1352

154--Lookout Mountain, Postage Stamps___________________

1358

155---Sine Die Adjournment________________________________

1361

156-528a-Mrs. Ida Lesser, Surety, relieve___________________ 1364, 1381,1495

157-Joint Session, hear G<wernor___ ______ _____ __ ________ __

1367

!58-President's Birthday__________________________________

1367

159-Death of Col. R. W. M. Glenn__________________________

1368

16D-Hon. Marvin G. Pound, illness________________________

1381

161-532a-Law Books, Rabun County_______________________

1378

162-Hon. L. W. Robert, address____________________________

1384

163-540a-Committee, Investigate Establish State Factory___

1406

164-540b-Committee, Investigate moving building__________

1407

165-544a-Howell Cobb-John Addison, Memorial Bridge_____ l484,1598,1680

166-Joint Session, hear Governor__________________________

1482

167-Federal Highway Fund Allotment______________________

1499

168-547a-Bronze Plaque, Liquor Vote______________________

1543

169-"Daughtry Case", Screven County____________________ 1561,1582

17D-W. W. Webb, Letter, Old Age Pensions_________________

1588

17Q-Order of Business_____________________________________

1599

171-558a-Brantley County, School Tax Levy________________

1594,1612

172-Hon. Julius Townsend Dudley, death_________________

1600

173-Adjourn Sine Die______________________________________

1602

174-Adjourn Sine Die______________________________________

1603

175-559a-Memoralize Congress, to assist Farmers ___________ l610,1633,1681

176-561a-Restaurant, Farmer's Market_____________________

1624

177-0rder of Business_____________________________________

1636

178-562a-Thomas M. Bell, Highway, name__________________ 1624,1656,1780

179-Air Mail Route-Savannah, Atlanta___________________

1638

18D-Atlanta Constitution, "Plant to Prosper"-------------

1671

181-Rev. Jos. M. Branch, thanks__________________________

1671

182-Atlanta Theatres, thanks______________________________ 1671,1672

183-Macon Telegraph, thanks______________________________

1672

184--Alexander S. Stephens-Crawford W. Long, Birthday___

1717

185---Memorial, Senator Hoke Smith________________________ 1721,1'722

186-Time, Purchase Auto Tags, extend_____________________ 1730,1752

1874

INDEX

187-Sta.y-Over Resolution_________________________________ _
188-Hon. Bryan B. Taggart, Appreciation_________________ _ 189-Refund Sea Food Dealer's License____________________ _ 1oo-New York-San Francisco, Fair________________________ _ 191-Limitations, Naval Armaments ________________________ _ 192-Rev. Jos. M. Branch__________________________________ _
193-Notify Senate, adjournment__________________________ _
194-Notify Governor, adjournment_----------------------195---Sine Die Adjournment _______________________________ _

1769 1776,1777
1777 1778 1778,1779 1797 1825 1825 1836

PARTm SENATE BILLS AND RESOLUTIONS

A

ALCOHOL AND ALCOHOL BEVERAGES66-Prohibit sale, one mile, Penal Institutions ____________ _

1259,1289

ALIENS-. 35-Prohibiting employment by Ageney of State___________ 874,1486,1741

ALIMONY45---Superior Courts, power to modify permanent______ .464, 527,1742,1752

AMENDMENTS TO CODE (See CODE AMENDMENTS)

AMENDMENTS TO CONSTITUTION (See CONSTITUTIONAL AMENDMENTS)

AMUSEMENTS (See DANCE HALLS, ETC.)

APPOINTEES114-0f Governor, confirm by Senate, provide _________ 1291,1335,1822,1823

ASSISTANCE, PUBLIC (See SOCIAL SECURITY LAWS)

B

BLIND, FACTORY FOR THE134-Amend Act reference to_______________________________ _

1613,1634

BONDED INDEBTEDNESS (See CONSTITUTIONAL AMENDMENTS) (CHARTERS AND CORPORATIONS, MUNICIPAL)

INDEX

1875

BONDS (See SURETIES ON BONDS) (CONSTITUTIONAL AMENDMENTS)101-Sheriff, Emanuel County, Reduce_____________________ 970,1042,1116
107-Tax Collector Twiggs County, County pay _____________ 1045,1136,1173 109---Sheriff, Twiggs County, reduce _______________________ 1046,1136, 1175

BUILDING AND LOAN ASSOCIATIONS96-Define shares of State Chartered______________________ 95-Appointment of Receiver for___________________________

875,968 969,970,997

BURGIN BILL (See CONSTITUTIONAL AMENDMENTS~
c
CHAIN GANGS (See PUBLIC WORKS CAMPS)
CHARTERS (See CORPORATION LAWS)87-City, Repeal of certain Cities __________ 874, 941,973,974,1730,1805,1806

CHARTERS AND CORPORATIONS, MUNICIPAL6-Savannah, bonded indebtedness _____________________ 155,190,258,259

11-Trenton, amend_______________________________________ 194,209,229 14-Carrollton, amend____________________________________ 288,353,378,379

21-Cordele, amend________________________________________

288

23-Jesup, repeal__________________________________________ 288,353,379

24-Jesup, create__________________________________________ 288,353,379

40-Atlanta, amend ______________________________387 ,450,494,495, 612,674

41-Atlanta, amend________________________________________ 387,450,495

48-Shellman, amend______________________________________ 465,527,550

61-Carrollton, water and light commission________________ 534,549,597

62-Carrollton, amend_____________________________________ 534,549,597

75-Willacoochee, bonded indebtedness____________________ 599,742,951

so-Macon, temporary loans_______________________________ 672,742,1236

86-Toccoa, zoning ordinances_____________________________ 712,997,1015

97-Manchester, amend____________________________________ 842,968,999

lOB-Jeffersonville, amend _________________________________ 1046, 1136,1174

123-Blackshear, amend ____________________________________ 1260, 1289,1337

126-Homerville, bonded indebetness_______________________ 1613,1708,1758

CIVIL SERVICE COMMISSION-

5-Create State, prescribe powers, duties ________________ _

231

CLERKS, DEPUTY CLERKS, SUPERIOR COURTS (See COUNTIES AND COUNTY MATTERS)

CODE AMENDMENTS-

7-Veterans widows entitled to pensions, define_________ l37,353,576,577

a-Distribution gas tax money____________________________

137,415

lQ-Condemnations for State-Federal roads ___________ 254,255,320,956,980

13-Newspaper libeL______________________________________ 255,415,1771

18'76

INDEX

31-Tax collectors, receivers, fees and commissions_______552,595,699,704, 714,947,948
37-National Guard________________________ .-464,489,1770,1783,1784,1807
43-Jury commissioners, removaL_------------------------ 598,1135,1607 53-Tax collectors, weekly settlements. __________________ 598,842,968, 1235 79-Applications for parole________________________________ 842,1136,1710 87-Repeal of charters, certain cities_______874,941,973,974,1730,1805,1806 105-Eleetions, amend_____________________________________ .1045,1597,1637
131-Robbery bY intimidation, punishment_---------------- 1547,1708 132-Pneumatic tire vehicles, speed________________________ .1547,1597,1598
CONDEMNATIONS1Q--State-Federal roads, increase width_______________254,255,320,956,980
CONFIRMA.TIONS114-Qf appointees of Governor, by Senate, provide____1291,1335,1822,1823

CONSTITUTIONAL AMENDMENTS6-Savannah bonded indebtedness ______________________155,190,258,259

11-Counties leVY tax, medical care of indigents_______323,415, 715,803,813

12-Counties leVY tax, Forest Fire Proteetion_______ -464,594,595,1375,1384

47-Tenure, school employees______________________________

841,1411

67-Brantley County, school tax leVY----------------------1658,1708,1753 72-VVareCounty, schools______________________598,599,742,1157,1176,1203

73-Passage local or special bills___________________________ 553,837,1607 75-VVillacoochee, bonded indebtedness__________________ __ 599,742,951

so-Macon, temporary loans ___ ---------------------------- 672,742,1236

89-Create new Senatorial district_________________________

969

126-HomerVille, bonded indebtedness_____________________ .1613,1708,1758

CORPORATION LAVVS-

28-Amend, revise and perfect________________747, 797,1034,1154,1260,1261

142-Amend Act revising_______________________ --~-----____

1613,1631

COUNTIES AND COUNTY MATTERS (See TAX COLLECTORS AND TAX RECEIVERS}--
22-Compensation, clerks, sheriffs, certain counties_______ 357,526,682 27-Treasure, Chatham County, amend Act abolishing.___ 357,416,454 39-Teachers retirement fund, certain counties________ 387,1014,1352,1353
67-Brantley County School tax leVY-----------------------1658,1708,1753 68-Pensions, certain counties, amend___________________ 598,996,997,1018 72-VVare County, schools______________________598,599, 742,1157,1176,1203 6o--Chatham County, Reverted lands to U. S. ____________672,726,727 ,974 127-Telfair County, goats running at large________________1291,1335,1365 136-Certain Counties, regulate dance halls, etc. ___________ 1576,1598,1709 139-Compensations Ordinaries, certain counties. _________ .1577,1599,1744

COURTS, CITY AND COUNTY46-Jesup, amend. _______________________ . _______________387 ,450,495,496

INDEX

18'77

COURTS, MUNICIPAL137-Atlanta, amend________________________________________ 1577, 1631,1657

COURTS, SUPERIOR45--Confer power, modify decree permanent alimony___ -464,527,1742,1752

CRIME AND CRIMINAL LAWS-
67-Define procedure trial criminal cases ___ --------------131-Robbery by intimidation, punishment________________ _

842,1133 1547,1708

D
DANCE HALLS, ROAD HOUSES, ETC.136-Certain counties regulate______________________________ 1576,1598,1709

DEBENTURES, ETC.36-Governor issue, repairs Eleemosynary Institutions____ _

358,417

EASEMENTS133--0n right of way, Highway Board grant_______1547,1548,1598,1819,1820

E
ELECTION AND ELECTION LAWS29--Voting machines, certain cities_----------------------- 498,527,683 105--Amend Code reference to______________________________ 1045, 1597,1637

ELECTROCUTION (See PENAL ADMINISTRATION, STATE BOARD OF)

ELEEMOSYNARY INSTITUTIONS36--Repairs to, Governor issue debentures _______________ _

358,417

EXEMPTIONS, HOMESTEAD & PERSONALTY (See TAX EXEMPTIONS)

F

FAIRS-

18-County or Municipal, tax on, amend__________________ _

255

FEES AND FEE SYSTEMS (See TAX COLLECTORS AND TAX RECEIVERS) (CODE AMENDMENTS)

FORESTS AND FOREST FIRES12-Counties levY tax, protection ___ ---------- ______464,594,595, 1375,1384

G

GOATS127-Telfair County, prohibit running at large _____________ 1291, 1335,1365

1878

INDEX

GRANTS60-To U.S. certain land in Chatham County____________ 672,726,727,974

H

BERTY PULP AND PAPER LABORATORY FOUNDATION119---Establish, incorporate _________________________________ 1291,1335,1766

HIGHWAY BOARD, STATE-
121-Devote full time to duties, members compensation_____ 1260,1597, 1766,1767
133-Grant easements on right of way ____________ 1547,1548,1598,1819,1820

HIGHWAY MAP, NEILL-TRAYLOR2o--Add certain mileage to________________________________356,357,416, 629
25-Add certain mileage to_________________________________ 357,416,621 32-Add certain mileage to_________________________________ 357,417,683 34-Add certain mileage to________________________________357 ,358,417, 683
56-Add certain mileage to_________________________________ 553,741,1020 57-Add certain mileage to_________________________________ 553,741,1019 7o--Add certain mileage to_________________________________ 598,742,1019 93-Add certain mileage to____________________________ 1001,1041,1042,1138 98-Add certain mileage to____________________________ 1001,1002,1042,1139 99---Add certain mileage to_________________________________ 1002,1042,1140 103-Add certain mileage to_________________________________ 1002,1042,1141 104-Add certain mileage to_________________________________ 1002,1042,1141 111-Add certain mileage to_________________________________ 1259,1411,1496 112-Add certain mileage to_________________________________ 1259,1411,1497 113-Add certain mileage to____________________________ 1259,1260,1411,1496 118-Add certain mileage to_________________________________ 1337,1411,1496 12Q--Add certain mileage to_________________________________ 1260,1411,1496 124--Add certain mileage to_________________________________ 1413,1631,1709

HOMESTEADS (See TAX EXEMPTIONS)

I
INCOME TAXES (See TAXES AND TAX LAWS)
INDUSTRIAL BOARD92-Compensation of members prescribe____________ 874,875,941,1773,1781

J
JURY COMMISSIONERS43-Amend code reference to ________________ ---------- _____ 598,1135,1607

INDEX

1879

L

LIBEL13-Newspaper, broaden scope of privilege as applied to____ 255,415,1771

LICENSES AND LICENSE FEES (See TAXES AND TAX LAWS)

LOTTERY15--Conveyances used in operation of, seizure____________ _
M

255,1631

MILK CONTROL BOARD50-Increase membership oL _____________________________ _
MOTOR CARRIER ACT14Q-Of 1931, amend________________________________________

841,871 1658

MOTOR FUELS (See TAXES AND TAX LAWS) MOTOR VEIDCLES (See VEIDCLES)

N
NATIONAL GUARD37-Amend code reference ___________________ A64,489, 1770,1783,1784,1807

0
ORDINARIES3-Courts of, enlarge jUrisdiction____________137,190,1558,1559,1645,1802
139-Compensation, certain counties _______________________ 1577, 1599,1744

p

PAROLES79-Applications for, amend code__________________________ 842,1136,1710

PENAL ADMINISTRATION, STATE BOARD OF5 2 - T o c r e a t e _______________________________ 553,595,718,719,974,1005,1152
64-Capital punishment executed by ______________________ 841,1135,1822
146-State Ranger under, create office of___________________ 1658,1709

PENSIONS (See CONSTITUTIONAL AMENDMENTS)7-Widows of veterans entitled to, define ________________ 137,353,576,577 68-Certain counties, amend Act ________________________598,996, 997,1018

PERSONALTY (See TAX EXEMPTIONS)

1880

INDEX

PHOTOGRAPBICE~NERS-
51-Board of, amend Act reference__________ 969, 1184,1403,1499,1500,1535, 1536,1549

PRISON AND PAROLE COMMISSION, STATE49-Change name of Prison Commission to_______ 598, 712,1157,1264,1265, 1422' 1497' 1498
PRISON COMMISSION, STATE49-Change name oL ______________ .598, 712,1157,1264,1265,1422,1497,1498 65--Abolish Ex-Officio members of_______________ .841,1135,1136,1709,1710

PROCEDURE-67-In trial certain criminal cases, define_________________ _

842,1133

PUBLIC WORKS C.AMPS63-Used in lieu of Chain Gangs___________________________ 841,1135,1710

PURCHASING DEPARTMENT, STATE58-Purchase all tags, stamps, etc._______________ ___ __ __ __ 672,797,1740

R

RANGER, STATE146-Create office oL ______________________________________ _

1658,1709

RETIREMENT FUND (See SCHOOL AND SCHOOL LAWS)
s

SAVINGS AND LOAN ASSOCIATIONS (See BUILDING AND LOAN ASSOCIATIONS)

SCHOOLS AND SCHOOL LAWS-

39-Teachers Retirement Fund, certain counties ______ .387,1014,1352, 1353

72-Ware County, bonded indebtedness for_ ___ 598,599,742,1157,1176,1203

47-Tenure School employees______________________________

841,1411

67-Brantley County, School tax levY--- ___________________ 1658,1708, 1753

SENATORIAL DISTRICTS-

89-Provide a new district. _______________________________ _

969

SHERIFFS, DEPUTY SHERIFFS (See COUNTIES AND COUNTY MATTERS)

SOCIAL SECURITY LAWS42-Amend "Assistance to aged" Act ____________________ -464,595,697,698

INDEX

1881

SPEED LIMIT (See VEIDCLES)
STATE AID ROADS (See IDGHWAY MAP, NEILL-TRAYLOR)
SURETIES ON BONDS18-Harold Clark, Mobley and Lunsford, relieve_---------- 534,549,698
T
TAX COLLECTOR AND TAX RECEIVERS31-Fees and commissions of, amend code____552,595,699, 704,714,947,948 53-Tax Collectors, weekly settlements __________________598, 842,968, 1235 107-Twiggs County, Bond_________ ------------ ____________1045, 1136,1173

TAXES AND TAX LAWS (See TAX EXEMPTIONS)-

~Distribution gas tax to counties_______________________

137,415

l~County or municipal fairs, tax on, amend_____________

255

11-Counties lev;v tax, medical care, indigents_________323,415, 715,803,813

12-0ounties, lev;v, Forest Fire Protection___________464,594,595,1375,1384

19-Federal income tax paid, deductible from State________ 356,415,691

~Tags, stamps, etc., purchasing department buy________ 672,797,1740

76--Motor fuel, tax Act, amend____________________________

747,1612

91-0orporation dividends, amend income tax law_________ 874,1115,1741

102-Entangible tax Act, amend_ ---------------------------1002,1115,1762 125--Priority of tax liens, provide for __ --------------------- 1413,1546

TAX EXEMPTION8--<

1-0wner personal property, provide_________________136,189,235,236,264

2-Homestead exemption, provide for________________ l56,282,360,361,389

!~Homestead located in more than one county, exemption, how claimed_____________________________

1577,1708

TEACHERS (See SCHOOLS AND SCHOOL LAWS)
TIMBER PROTECTIVE ASSOCIATIONS4-Validate incorporation ot_ ______ --------------- _____323,837 ,1178,1213
TREASURERS, COUNTY27-0hatham County, amend Act abolishing______________ 357,416,454
u
UNEMPLOYMENT COMPENSATION LAW~Amend ________________________________________534,595,1154,1155,1156

UNIVERSITY SYSTEM OF GEORGIA69-Librarian furnish books to____________________________ 553,670,1497

1882

INDEX

v

VEHICLES (See MOTOR VEBICLES)132-Pneumatic tire, speed _________________________________1547,1597,1598

VETERANS (See PENSIONS) VOTING MACHINES (See ELECTIONS AND ELECTION LAWS)
z

ZONING AND PLANNING LAWS (See CHARTERS AND CORPORATIONS, MUNICIPAL)

PART IV

SBNATJ: RESOLUTIONS

11-Counties leVY tax, medical care, indigents_________323,415, 715,803,813 19-Tennessee Copper Co. contract_______________________356,416,465,466

2D--Olark Howell highway, designate______________________ 387,416,1019

12-Counties leVY tax, Forest Fire Protection____ _A64, 594,595, 1375, 1384

18-Harold Olark, Et. Al. Surety on bond__________________ 534,549,698

34-RecessAdjournment__________________________________

672,673

4D--Reference Burgin BilL ________ -------------------_____

798,799

33-Committee, National Park, Atlanta____________________

799

24-Define those entitled to old age assistance_____________

840,841

52-Advertise Georgia on envelopes________________________

1047

43-Protection Forest lands from fire______________________ 1294,1295

56-Designate John B. Gordon highway___________________1367,1411,1497

63-Federal highway fund allotments______________________ 1658,1708

67-Brantley County, School tax leVY----------------------1658,1708,1753 65-Sine Die Adjournment_________ ------------ ___________ 1712,1713, 1740

72-Hon. Pat Gillen, thanks_______________________________

1780

Sine Die Adjournment------------------.--------------

1836