Journal of the regular session - (continued) of the House of Representatives of the State of Georgia 1939 volume II

JOURNAL
OF THE
REGULAR SESSION-(Continued)
OF THE
HOUSE OF REPRESENTATIVES
OF THE
State of Georgia
1939
Volume II
BOWEN PRESS
~
DECATUR, GA.

VOLUME II JOURNAL OF REGULAR SESSION-{Continued)
MARCH 3, 1939, TO MARCH 18, 1939 PAGES 991 TO 1679, INCLUSIVE FOLLOWED BY THE INDEX

1 1 1 1
1 1 1 1
1 1 1 1
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FRIDAY, MARCH 3, 1939

991

Representative Hall, Atlanta, Ga.,
Friday, March 3rd, 1939.
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. Harrison of Jenkins, 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 ot the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first period of unanimous consents:
l. Introduction of bills and resolutions under the Rules of the; House.
2. Report of Standing Committees,
3. Second reading of bills and resolutions, favorably reported.
4. Third reading and passage of local uncontested bills and resolutions of the House and Senate.
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. Foster of Towns-
House Bill No. 704. A bill to be entitled an Act to require the Tax Collector of Towns County to issue all tax receipts in numerical order; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Grice of BibbHouse Bill No. 705. A bill to be entitled an Act to amend Section 26-4604 of
the Code of 1933, relating to the compounding of offenses; and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Mr. Grice of BibbHouse Bill No. 706. A bill to be entitled an Act to amend Section 27-423 of
the Code of 1933 providing for the binding over of defendants in a criminal case by courts of a municipal corporation; and for other purposes.
Referred to Committee on General Judiciary No. l.

992

JOURNAL OF THE HOUSE,

By Messrs. Bennett of Ware, Coogler of Clayton, Rossee of Putnam, Lovett of Laurens and Wiggins of Dodge-
House Bill No. 707. A bill to be entitled an Act to appropriate $25,000.00 to the Commissioner of the Department of Natural Resources for the purpose of renovating, repairing, preserving and displaying natural resources; and for other purposes.
Referred to Committee on Special Appropriations.
By Mr. DeFoor of Mcintosh-
House Bill No. 708. A bill to be entitled an Act to levy a gross receipts tax on all persons, partnerships, associations or corporations operating oil companies in Georgia; and for other purposes.
Referred to Committee on Ways and Means.
By Messrs. Branch of Tift, Sumner of Worth and Swindle of Berrien-
House Bill No. 709. A bill to be entitled an Act to amend an Act approved March 31, 1937, Georgia Laws 1937, Page 716, et sequentia, by providing that all persons selling or buying livestock shall do so by bill of sale; and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Davis of Coweta-
House Bill No. 710. A bill to be entitled an Act to require all transportation companies which carry passengers for hire and which operate on fixed routes between points within this State separated by a distance of twenty-five miles or more to provide a seat for every passenger to whom a ticket is sold; and for other purposes.
Referred to Committee on Motor Vehicles.
By Messrs. Yawn and Wiggins of Dodge-
House Bill No. 711. A bill to be entitled an Act to amend Georgia Laws 1937, Page 1312, regulating the holding of primary elections, by providing when said primary elections shall be held for the selection of county officers; and for other purposes.
Referred to Committee on Privileges and Elections.
By Mr. Jones of Brantley-
House Bill No. 712. A bill to be entitled an Act to amend Georgia Laws 1931, Page 394, entitled an Act to abolish the offices of Tax Receiver and Tax Collector of Brantley County, and creating the office of County Tax Commissioner and fixing his compensation; and for other purposes.
Referred to Committee on Counties and County Matters.

FRIDAY, MARCH 3, 1939

993

By Mr. Dean of Rockdale-
House Bill No. 713. A bill to be entitled an Act to amend an Act to make comprehensive provision for an integrated tax administration for Georgia; to create the Department of Revenue and the office of State Revenue Commissioner; and for other purposes.
Referred to Committee on Uniform State Laws.
By Messrs. Fowler of Treutlen, Campbell of Newton, Corbett of Atkinson, Harnson of Jenkins, Jones of Richmond, Simmons of Decatur, DeFoor, of Mcintosh, Atkinson of Chatham and Marshall of Macon--
House Bill No. 714. A bill to be entitled an Act creating the State Park Authority; and for other purposes.
Referred to Committee on Conservation.
By Mr. Chappell of Sumter-
House Bill No. 715. A bill to be entitled an Act to amend an Act approved March 31, 1937, Georgia Laws, 1937, Pages 491-496, so as to provide that property sold for tax foreclosure may be redeemed from such sales by the amount paid for such property, plus certain fees; and for other purposes.
Referred to Committee on Ways and Means.
By Messrs. Allison and }Jharr of Gwinnett-
House Bill No. 716. A bill to be entitled an Act to repeal an Act entitled An Act to incorporate the Town of Lilburn, in the County of Gwinnett; to provide for a mayor and councilmen and other officers; to prescribe their duties; to provide for the enacting of all necessary ordinances; to provide .for penalties for violation of the same ; and for other purposes.
Referred to Co111mittee on Municipal Government.
Mr. Scott of Thomas County, Chairman of tht' 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 recommendations:
Senate Bill No. 127. Do pass.
Respectfully submitted,
Scott of Thomas, Chairman.
Mr. Sartain of Walker County, Chairman of the Committee on Engrossing, submitted the following report:

994

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 of the House, to-wit: House Bills Nos. 213, 231, 358, 364, 529, 537~ Respectfully submitted, Sartain of Walker, Chairman.

Mr. Ansley of Lee 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 bills and resolutions of the House, to-wit:
House Bills Nos. 85, 324, 330, 368, 433, 451, 453, 462, 476, 523.
House .Resolutions Nos. 22-130A, 36-160A.
Respectfully submitted,
Ansley of Lee, 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

bill 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.

Respectfully submitted,,

Kendrick: of Fulton, Chairman.

Mr. Atkinson of Chatham 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. 628. Do pass as amended.
House Bill No. 668. Do pass.

FRIDAY, MARCH 3, 1939

995

House Bill No. 613. Do pass. House Bill No. 612. Do pass. Senate Bill No. 65. Do pass.
Senate Bill No. 77. Do pass.
Senate Bill No. 104. Do pass by substitute. Respectfully submitted, Atkinson of Chatham, Chairman.
Mr. Chappell of Sumter County, Chairman of the Committee on Motor Vehicles, submitted the following report:
Mr. Speaker: Your Committee on Motor Vehicles have had under consideration the following
bills of the House and have instructed me, as Chairman, to report the same back to the House with the following recommendations;
House Bill No. 182. Do not pass. House Bill No. 513. Do not pass.
Respectfully submitted, Chappell of Sumter, Chairman.
Mr. Sams of DeKalb 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. 695. Do pass. House Bill No. 701. Do pass. House Bill No. 702. Do pass. House Bill No. 703. Do pass.
Respectfully submitted, Sams of DeKalb, Chairman.
Mr. Lovett of Laurens County, Chairman of the Committee on Public Highways No. 1, submitted the following report:

996

JOURNAL OF THE HOUSE,

Mr. Speaker:
Your Committee on Public Highways No. 1 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. 690. Do pass.
House Bill No. 677. Do pass.
Senate Resolution No. 44. Do pass.
Respectfully submitted,
Lovett of Laurens, Chairman.
Mr. Edwards of Lowndes County, Chairman of the Committee on State of Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of Republic have had under consideration the following bills of the House and Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:
House Bill No. 482. Do pass.
House Bill No. 120. Do pass by substitute.
House Bill No. 21. Do not pass.
Senate Bill No. 123. Do pass.
Respectfully submitted, Ed~ards of Lowndes, Chairman.
Mr. -Marion Ennis of Baldwin County, Chairman of the Committee on State Sanitarium, submitted the following report:
Your Committee on State Sanitarium 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 recommendations:
House Bill No. 698. Do pass.
Respectfully submitted,
Marion Ennis of Baldwin, Chairman.
By unanimous consent, the following bills of the House and Senate, favorably reported, were read the second time: By Messrs. Rogers and Davis of Floyd-

FRIDAY, MARCH 3, 1939

997

House Bill No. 120. A bi.ll to be entitled an Act to amend an Act approved March 31, 1937, authorizing counties, cities and towns to acquire, construct, reconstruct, improve, better and extend revenue-producing undertakings, by providing for the building of hospitals, medical clinics, and general public health work; and for other purposes.
By Mr. Edwards of Lowndes-
House Bill No. 482. A bill to be entitled an Act to prohibit the sale, offering or exposing fireworks; and for other purposes.
By Mrs. Mankin of Fulton-
House Bill No. 496. A bill to be entitled an Act to regulate the employment of children in the State of Georgia; and for other purposes.
By Messrs. Grice of Bibb and Whipple of Bleckley-
House Bill No. 612. A bill to be entitled an Act to regulate the procedure in certain civil actions in the Superior Courts; to prescribe the time and manner of filing cases; and for other purposes.
By Mr. Bell of Grady-
House Bill No. 613. A bill to be entitled an Act to permit J. W. Barwick to bring a suit against the Commissioner of Agriculture of the State of Georgia; and for other purposes.
By Mr. Bell of Grady-
House Bill No. 628. A bill to be entitled an Act to provide for admissibility in evidence in State Courts of certified copies of notes, bonds, mortgages, deeds, contracts, or other papers related to or connected with the business operations of the United States; and for other purposes.
By Mr. Bennett of Ware-
House Bill No. 668. A bill to be entitled an Act to amend General Tax Act approved March 28, 1935, (Georgia Laws 1935, pages 11-72) so as to provide exemption of one-armed or one-legged or indigent persons from payment of license fees imposed; and for other purposes.
By Messrs. Looper of Dawson, Warren of Forsyth, and Barrett of Cherokee-
House Bill No. 677. A bill to be entitled an Act to amend the Neill-Traylor Act by adding thereto a certain road approximately 20 miles long, in Dawson County and Forsyth County; and for other purposes.
By Messrs. Swindle of Berrien and Claxton of Johnson-
House Bill No. 690. A bill to be entitled an Act to authorize the State Highway Department to expend State-Aid Road funds upon any rural or post roads of the State not on the State Highway Road System; and for other purposes.

998

JOURNAL OF THE HOUSE,

By Messrs. Allison and Pharr of Gwinnett-
House Bill No. 695. A bill to be entitled an Act to amend Acts approved December 15, 1893, and August 13, 1931, to provide that the Mayor of Lawrence ville shall be an Ex-Officio member of the Lawrenceville Board of Education; and for other purposes.
By Messrs. Marion Ennis and J. H. Ennis of Baldwin-
House Bill No. 698. A bill to be entitled an Act to provide for the sale of surplus products of institutions under the control and supervision of the State Department of Public Welfare; and for other purposes.
By Messrs. Candler, Sams and Turner of DeKalb--
House Bill No. 701. A bill to be entitled an Act to amend the charter of the Town of Decatur so as to extend the limits of said town; and for other purposes.
By Messrs. Candler, Sams and Turner of DeKalb--
House Bill No. 702. A bill to be entitled an Act to amend the charter of the Town of Decatur so as to extend the corporate limits of said town; and for other purposes.
By Messrs. Harris, Lanier and Jones of Richmond-
House Bill No. 703. A bill to be entitled an Act to amend the charter of the City of Augusta and amendments thereto by providing and establishing an annual municipal budget; and for other purposes.
By Senator Millican of the 52d District-
Senate Bill No. 65. A bill to be entitled an Act to amend Section 38-1504 of the Civil Code of 1933 of Georgia, which deals with witnesses who fail to answer a subpoena by adding thereto power of court to punish such witness by imprisonment; and for other purposes.
By Senators Smith of the 24th, Millican of the 52d, and Lindsay of the 34th Districts-
Senate Bill No. 77. A bill to be entitled an Act to amend section 84-1404 of the Code of Georgia of 1933 relating to the creation of the Georgia Real Estate Commission; appointment; qualifications; terms of office, vacancies; meetings; and for other purposes.
By Senators Durden of the lOth and Harrell of the 7th Districts-
Senate Bill No. 104. A bill to be .entitled an Act to amend an Act provided for the registration of trade names, partnership names, etc., so as to provide that the registration of such trade names shall be advertised in the county in which such trade names are registered; and for other purposes.
By Senators Durden of the lOth, Spivey of the 16th and Harrell of the 7th Districts-

FRIDAY, MARCH 3, 1939

999

Senate Bill No. 123. A bill to be entitled an Act to provide that "The Georgian Waltz" be adopted as the official Georgia Waltz; and for other purposes.
By Senator Redman of the 26th District-
Senate Bill No. 127. A bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Butts County; and for other purposes.
By Senator Lindsay of the 34th District-
Senate Resolution No. 44. A resolution Directing State Highway Department to investigate, ascertain and report to 1941 session of General Assembly what weights of vehicles various types of highways in State can safely carry, fair compensation motor vehicles shall annually pay for construction and maintenance of highways, and what size and dimension of vehicle should be operated on highways to insure reasonable safety to highway users; rnd for other purposes.
By unanimous consent, the following bills of the House and Senate were read the third time, and placed upon their passage:
I
By Messrs. Marion Ennis and J. H. Ennis of Baldwin-
House Bill No. 626. A bill to be entitled an Act to authorize the Mayor and Aldermen of the City of Milledgeville, to release, grant and convey certain land to The Board of Trustees of Georgia Military College; and for other purposes.
The report 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. Boyd of GreeneHouse Bill No. 636. A bill to be entitled an Act to amend an Act to in-
corporate City of Union Point in the County of Greene; and for other purposes.
The report 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. Marion Ennis of Baldwin-
House Bill No. 640. A bill to be entitled an Act to amend an Act providing for the election of a Board of County Commissioners; and for other purposes.
The report 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.

1000

JOURNAL OF THE HOUSE,

The bill having received the requisite constitutional majority was passed.
By Mr. Easley of WhitfieldHouse Bill No. 644. A bill to be entitled an Act to amend an Act establishing
the charter of the City of Dalton, and all Acts amendatory thereof ; and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Easley of WhitfieldHouse Bill No. 645. A bill to be entitled an Act to repeal an Act incorporating
the Town of Tunnel Hill in Whitfield 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. Easley of WhitfieldHouse Bill No. 646. A bill to be entitled an Act to amend an Act approved
February 24, 1874, amending and codifying the various Acts incorporating 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 108, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Thornton of ElbertHouse Bill No. 650. A bill to be entitled an Act to amend an Act providing
a charter for the City of Elberton; and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, the nays 0. The bill having received the requisite constitutional majority was passed.
By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton-
House Bill No. 655. A bill to be entitled an Act to amend the charter of

FRIDAY, MARCH 3, 1939

1001

the City of East Point to annex certain territory subject to a referendum; and for other purposes.
The report of the Committee, which was favorable to the passage of the bill,
was agreed to.
On the passage of the bill, the ayes were 110, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Gross and Roughton of Washington-
House Bill No. 660. A bill to be entitled an Act to amend an Act creating the Board of County Commissioners of Washington County; and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Wiggins and Yawn of Dodge-
House Bill No. 664. A bill to be entitled an Act to amend an Act to abolish the office of Treasurer of Dodge 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. Ferguson of Sumter-
House Bill No. 665. A bill to be entitled an Act to amend an Act to revise and consoidate the several Acts granting corporate authority to the Town of Leslie; and for other purposes.
The report 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. Ansley of Lee-
House Bill No. 670. A bill to be entitled an Act to amend an Act to establish a new charter for the Town of Leesburg, in the County of Lee; and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.

1002

JOURNAL OF THE HOUSE,

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. Scott and Tipton of Thomas-
House Bill No. 672. A bill to be entitled an Act to authorize the City of Thomasville to create a City Authority by city ordinance; and for other purposes.
The report 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. Rossee of PutnamHouse Bill No. 674 A. A bill to be entitled an Act to amend an Act
authorizing a system of public schools for the City of Eatonton; and for other purposes.
The report 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. Tippins of WilcoxHouse Bill No. 675. A bill to be entitled an Act to create a Board of Roads
and Revenues 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 117, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Stiles of FanninHouse Bill No. 679. A bill to be entitled an Act to repeal an Act to in-
corporate the Town of Epworth in the County of Fannin; and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 118, the nays 0. The bill having received the requisite c~nstitutional majority was passed.
By Mr. Howard of LongHouse Bill No. 687. A bill to be entitled an Act to amend an Act creating
a Board of Roads and Revenues for the County of Long; and for other purposes.

FRIDAY, MARCH 3, 1939

1003

The report 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.
By Mr. Beck of Carroll-
House Bill No. 688. A bill to be entitled an Act to amend an Act creating the charter of the Town of Bowdon; and for other purposes.
The report 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 Senator Warnell of the lst District-
Senate Bill No. 105. A bill to be entitled an Act to amend an Act creating and establishing the City Court of Pembroke; and for other purposes.
The following House amendment to Senate Bill No. 105, was read and adopted:
Mr. Gill of Bryan moves to amend Senate Bill No. 105, as follows:
In line two of sub-section 5 of Section 1 by substituting the figures $33.33 m
lieu of the figures $45.00.
That Section six (6) be stricken in its entitrety.
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 121, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
By Senator Cloud of the 19th District-
Senate Bill No. 111. A bill to be entitled an Act to increase the term of office of the Board of County Commissioners of Taliaferro County; and for other purposes.
The following Committee amendment to Senate Bill No. 111, was read and adopted:
The Committee moves to amend Senate Bill No. 111 by striking from Section 4 of same the words "one hundred ($100.00) dollars per month" and substituting therefor the words "Seventy five ($75.00) dollars per month".
The report of the Committee, which was favorable to the passage of the bill, as amended, was agreed to.

1004

JOURNAL OF THE HOUSE,

On the passage of the bill, as amended, the ayes were 122, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
By Senator Smith of the 24th District-
Senate Bill No. 130. A bill to be entitled an Act relating to the erection and maintenance of a proposed mill structure over the east end of the 14th street bridge in the City of Columbus; and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreep to.
On the passage of the bill, the ayes were 123, 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 Manning of the 39th DistrictSenate Bill No. 43. A bill to be entitled an Act to define and prohibit reckless
driving; to restrict the speed limit; and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Senators Nix of the 32nd and Causey of the 46th DistrictsSenate Bill No. 44. A bill to be entitled an Act to promote the public welfare
by providing for public assistance to all disabled and indigent persons above one year of age who are 90% disabled on account of disease or accident from earning a livelihood; and for other purposes.
Referred to Committee on Public Welfare.
By Senator Millican of the 52nd DistrictSenate Bill No. 150. 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 so as to authorize the City of Atlanta to issue revenue certificates; and for other purposes.
Referred to Committee on Amendments to Constitution No. 2.
By Senator Thrasher of the 27th DistrictSenate Bill No. 159. A bill to be entitled an Act to specify the qualifications
of state employees; and for other purposes.
Referred to Committee on State of Republic.
By Senators Nix of the 32d, Manning of the 39th and Ingram of the 51st Districts-
Senate Bill No. 169. A bill to be entitled an Act to amend the Neill-Traylor

FRIDAY, MARCH 3, 1939

1005

Act authorizing the Highway Board to add to the State Aid System a certain road in Dawson County, Forsyth County; and for other purposes.
Referred to Committee on Public Highways No. 1.
By Senator Millican of the 52d District-
Senate Bill No. 170. A bill to be entitled an Act to provide for a budget m all counties in this state having a certain population; and for other purposes.
- Referred to Committee on Counties and County Matters.
By unanimous consent, the following bill of the House was placed on the calendar for the purpose of disagreeing to the unfavorable report of the Committee:
By Mr. Evans of McDuffie-
Hause Bill No. 21. A bill to be entitled an Act to repeal an Act establishing the Georgia Radio Commission; and for other purposes.
The following resolution of the House was read and adopted:
By Messrs. Reid of Carroll and Looper of Dawson.
House Resolution No. 170.
A RESOLUTION
Whereas: There is within the City of Atlanta a Band cons1stmg of 125 of the City's most charming and beautiful young ladies, under the capable leadership of Mr. H. A. Taylor, and
Whereas: This Band is possessed with sufficient talent to produce most beautiful music from almost all known musical instruments, and
Whereas: Said Band has been officially designated by His Excellency Hon. E. D. Rivers, Governor of Georgia, as the Georgia State Girls Military Band, and
Whereas: There appears to be no too great amount of harmony in this House,
Therefore: Be it resolved that The Georgia State Girls Military Band be invited to appear before this House on Wednesday, March 8, at 4:30 P. M., to display their charm and talents.
Under the order of unfinished business, the following bill of the House was again taken up for consideration:
By Messrs. Harvey of Upson and Trippe of Polk-
House Bill No. 435. A bill to be entitled an Act to raise revenue by levying a tax for the benefit of dependent children, etc., to repeal certain tax laws; and for other purposes.
At the time of adjournment on Thursday, the House had under consideration

1006

JOURNAL OF THE HOUSE,

the Committee Substitute to House Bill No. 435, and further consideration of Section 7, was resumed:
The following amendment to Section 7, was read.:
Messrs. Lanier and Jones of Richmond move to amend substitute to House Bill No. 435, by adding to Section 7, a new sub-section to be properly numbered to read as follows:
Milk, corn-meal, flour, sugar, coffee, meat, salt, bread and rolls, lard, syrup, molasses and ice.
On the adoption of the amendment, Mr. Evans of McDuffie moved the previous question, the motion prevailed, and the main question ordered.
On the adoption of the amendment, the ayes were 64, the nays 55.
The amendment was adopted.
The following amendments to Section 7, were read and adopted:
Mr. Clements of Calhoun moves to amend Committee Substitute to House House Bill No. 435, Section 7, sub-division "C", by adding in last line paragraph 2, immediately after the word newspapers: "seed for planting" so that when amended, paragraph shall read "seed for planting, fertilizer and containers used for farm products when sold directly to the farmer".
Mr. Forrester of Crisp moves to amend Substitute to House Bill No. 435, Section 7, by striking from sub-section "C" the word "newspapers".
Messrs. Lanier and Jones of Richmond move to amend substitute to House Bill No. 435, by adding to Section 7, a new sub-section to be properly numbered to read as follows:
"There is hereby specifically exempt from tax imposed by this Act the following: Bagging and ties, cotton, whether in the form of lint cotton or seed cotton and whether baled or not or whether sold by the original producer or not."
Messrs. Lanier and Jones of Richmond moves to amend substitute to House Bill 435, by adding to Section 7, a new sub-section to be properly numbered to read as follows:
"All medicines sold by prescription or Physician, compounded, or processed or blended by the Druggist or Physician offering same for sale at Retail."
Mr. Davis of Coweta moved that the House do now adjourn until 10:00 o'clock Monday.
On the motion to adjourn, Mr. Forrester of Crisp moved the ayes and nays, and the call was sustained.
The roll call was ordered and the vote was as follows:

FRIDAY, MARCH 3, 1939

1007

Those voting in the affirmative were Messrs.:

Aiken Allen Allison of Gwinnett Almand Barlow Barrett Bell Blease Bloodworth Bruce Bush Campbell Carrington Cheney Clary Clements of Marion Conner Culpepper of Fayet!e Daughtry Davidson Davis of Coweta Davis of Floyd DeFoor Dockery Edwards of Lowndes Edwards of Taylor Elliott Ennis, J. H.

Etheridge of Houston Evans of Laurens Ferguson of Camden Flanders Ford Forrester of Dade Foster Fowler of Douglas Fowler of Treutlen Franklin of Bulloch Gaines Gavin Goolsby Graham Greene Gross of Washington Guyton Harrison of Crawford Hinson Jackson Joel Johnson Jones of Paulding Kimbrough King Looper Lovett Maxwell

McNall Merritt Middleton Pannell Pharr Pierce Preston Rawlins Rossee Roughton Sabados Sanders Sapp Smith of Henry Smith of Schley Stiles Strickland of Pierce Sumner Tate Vickery Wages Whipple Whitaker Wiggins Wohlwender Wright Yeomans

Those voting in the negative were Messrs.:

Ansley Bennett of Ware Boyd of Cook
Boyd of Greene
Brooks of Jackson Bynum
Carmichael of Butts Clements of Calhoun Clements of Wheeler Coogler Cook Dean Ennis, Marion Ferguson of Sumter

Forrester of Crisp Franklin of Polk Gill Goddard Grayson Grice Harrison of Jenkins Harvey Henderson Holtzendorff Jones of Brantley Lanham Mankin Marshall

Mason Moore of Lumpkin Moore of Taliaferro Morgan Parker Pilcher Purdy Reid Thigpen of Glascock Trippe Turner Warren

1008

JQURNAL OF THE HOUSE,

Those not voting were Messrs.:

Allison of White Atkinson Beck Bennett of Clarke Binion Blackshear Branch Bray Brooks of Oglethorpe Candler Carmichael of Cobb Carter Chappell Clark Claxton Cobb Connell Corbett Culpepper of Mitchell Curry Dallis Dickerson Douglass Drake Drinkard Easley English

Etheridge of Baker Etheridge of Fulton Evans of McDuffie Gowen Grant Griffin Gross of Stephens Harden Hardman Hatchett Hayes Herndon Hill Howard Jones of Richmond Kaigler Kelley Kendrick Kennedy Key Lanier Lewis McBride McCracken McDaniel McGraw Miller

Mills Mosely Moss Parham Ragan Rees Rogers Rountree Sams Sartain Saunders Scott Simmons Smiley Strickland of Haralson Summerour Swindle Terrell Thigpen of Evans Thornton Tippins Tipton Tomlinson Wells Williams of Bacon Williams of Ware Yawn

By unanimous consent, the roll call was verified.

On the motion to adjourn until Monday, ihe ayes were 84, the nays 40.

The motion prevailed, and House Bill No. 435 went over until that time under the order of unfinished business.

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

Mr. Speaker:
The Senate has passed by the requisite constitutional ma.iority the following bills of the House, to-wit:

By Mr. Whipple of Bleckley-
House Bill No. 251. A bill to amend an Act abolishing the treasury and providing for a depository of Bleckley County; and for other purposes.

FRIDAY, MARCH 3, 1939

1009

By Mr. Fowler of Douglas-
House Bill No. 374. A bill to amend an Act by providing for fixing of compensation of the members and Chairman of Board of Commissioners of Douglas County; and for other purposes.
By Mr. Douglass of Talbot-
House Bill No. 417. A bill to abolish the offices of Tax Collector and Tax Receiver and to create the office of Tax Commissioner of Talbot County; and for other purposes.
By Mr. Goolsby of Monroe-
House Bill No. 457. A bill to amend an Act approved Aug. 28, 1931, by fixing the compensation of Monroe County Tax Commissioner; and for other purposes.
By Mr. Thigpen of Glascock-
House Bill No. 485. A bill to incorporate the City of Edgehill in Glascock County; and for other purposes.
By Messrs. Aiken and Franklin of Bulloch-
House Bill No. 492. A bill authorizing the governing authorities of the City of Statesboro to pass rules, regulations and ordinances whereby said city may be zoned or districted; and for other purposes.
By Mr. Lovett of Laurens-
House Bill No. 500. A bill amending a new charter for the City of Dublin by providing for marshaling of water moneys into a sinking fund and improvement of the water system; and for other purposes.
By Mr. Saunders of Harris-
House Bill No. 519. A bill to amend an Act by increasing the salary of the Commissioners of Roads and Revenues of Harris County; and for other purposes.
By Messrs. Ford and Sumner of Worth--
House Bill No. 534. A bill to provide manner of fixing salary of the Mayor of the City of Sylvester; and for other purposes.
By Messrs. Almand and Preston of Walton-
House Bill No. 547. A bill to amend an Act entitled "An Act to Create a Board of Commissioners of Roads and Revenues for the County of Walton"; and for other purposes.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:

1010

JOURNAL OF THE HOUSE,

Mr. Speaker:
The Senate has passed by substitute by the requisite constitutional majority the following bill of the House, to-wit:
By Mr. Barrett of Cherokee-
House Bill No. 447. A bill.to amend an Act approved January 26, 1922, creating a new charter for the said town; to change the name from the Town of Canton to the City of Canton; 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 Messrs. Gross of Stephens, Clements of Wheeler, Trippe of Polk: and Morgan of Troup-
House Bill No. 218. A bill to amend Act entitled an Act to create a Department of Public Safety, approved March 19, 1937, by providing for additional members of the Georgia State Patrol; by providing compensation scales for patrol members; and for other ourposes.
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 Dawson of the 2nd District-
Senate Bill No. 175. A bill proposing to the qualified voters an amendment to the Constitution so as to authorize the Willie Consolidated School District in Liberty County to incur a bonded indebtedness; and for other purposes.
By Senator Warnell of the 1st District-
Senate Bill No. 177. A bill proposing to the qualified voters 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.
The following Communication was submitted, ordered filed and printed:

FRIDAY, MARCH 3, 1939

lOll

COMMUNICATION NO. 22
March 3, 1939.
Hon. Roy Harris, House of Representatives, Atlanta, Ga.
We have heretofore submitted to the House through you a recommendation as to creating an independent purchasing department, and attached to this recommendation was a hill for this purpose. This hill has been introduced and reported favorably by the Ways & Means Committee.
By reason of evid~nce submitted to this committee, which evidence we think makes a prima facie case as to the sale of certain materials heretofore bought by the State, monopolistic and collusive bidding, we therefore recommend that hereafter on all bids received by any department of the State or any person in behalf of any department of this State, that the following form letter he adopted, and no other (except in case of emergencies as defined in the law as to purchases) :

LETTER

Gentlemen:

Sealed bids will he received by the State of Georgia at -----------------------------------

Atlanta, Georgia, until

(date)

for furnishing the following

materials to the

(Department, Board, Agency, etc.)

of the State of

Georgia, f. o. h. ---------------------------------------------------------------- Georgia: Approximately

All materials to meet (Department, Board, Agency, etc.)

specifications

dated

Quantities are approximate only and may he increased or decreased, as the

-------------------------------------------------------------------- sees fit. (Dept., Board, etc.)
Right is reserved to reject any or all bids.

1012

JOURNAL OF THE HOUSE,

There is also attached an affidavit which must be executed by each bidder and returned with the enclosed proposal.
Please mark envelope 'Sealed bid to be opened ........................................................'.
Yours very truly, State of Georgia,
By .........................
and that the following form proposal be adopted, and no other:

PROPOSAL

Date ............................................................ Proposal of ................................................ of ..............................................................................................

for furnishing the following

(material or equipment)

................................................................ to be delivered at .................................................... (material or equipment)
Georgia, F.O.B.............................................................. To .................................................................... :
{Department, Board, Agency, etc.)
Sirs: The following proposal is made on behalf of ................................................

{Names of those interested)

and no others. Evidence of my authority to submit the proposal 1s herewith furnished. The proposal is made without collusion on the part of any person, firm or corporation.

The following is my itemized proposal: {See attached sheet for itemized proposal)

It is understood and agreed that I have read ............................................................

Bureau, etc.)

(Department, Agency, Board,

Specifications dated .............................................................. and

FRIDAY, MARCH 3, 1939

1013

understand that this proposal is made in accordance with the provisions of said specifications, and that said specifications are made a part of this proposal as completely as if the same were attached thereto.

It is understood and agreed that this proposal is one of several competitive
bids made to the ................................................................, and in consideration of the (Dept., Board, etc.)
mutual agreements of the bidders, similar hereto, and in consideration of the sum of One Dollar cash in hand paid, receipt whereof is hereby acknowledged. the undersigned agrees that this proposal shall be an option, which is hereby given by
the undersigned to the .......................................... ............................................. to accept (Department, Board, Agency, etc.)
or reject this proposal at any time within thirty days from the date on which this sealed proposal is opened and read, and, in consideration of the premises, it is expressly covenanted and agreed that this proposal is not subject to withdrawal by the proposer or bidder, during the term of said option. There is attached hereto properly executed an affidavit showing that this bidder has no interest, directly or indirectly, in any other bid or proposal for said ............................................................
(Material or equipment)

and that this bidder will not receive any commission, directly or indirectly, on
the sale of said ........................................................................ in the event some other (Material or equipment)

person, firm or corporation should be declared low bidder for said

(Material

or equipment) Witness my hand and seal this the ................ day of ................................, 19......... Terms: ........................................ Discount: ............................................ Signature .................................... (L.S.) Address
and the following affidavit be required on each and every offer of sale, bid or proposal to the State wherein bids are required by law:
AFFIDAVIT STATE OF ........................................ COUNTY OF ....................................
Before me, an officer of said State, authorized by law to administer oaths personally came ...................................................................., who on oath says that the

1014

JOURNAL OF THE HOUSE,

attached proposal is submitted independently of any other bid or proposal, and that this bidder has no interest, directly or indirectly, in any o~her bid or proposal

for said ............................................................................, and that this bidder will not (Material or equipment)
receive any commission or any sum whatsoever, directly or indirectly, on the sale
of said ............................................................................ in the event some other person, (Material or equipment)
association, first or corporation should ,be declared low bidder or awarded the

contract or sale for said

{Material or equipment)

Affiant. Sworn to and subscribed before me this the............day of.........................., 193........

(Notary Public or other officer authorized to administer oaths)
However, though it is recommended that the above form lttter and proposal and affidavit be adopted and no other, there should be provided that in the event other information not required by the above stated letter, proposal or affidavit may be desired, the same may be demanded by the Supervisor of Purchases or by any other person soliciting the bid.
We further recommend that the proper law be enacted that if any person submits with reference to a proposal to sell to the State an affidavit containing a false statement, that that person and the firm, corporation or association that he makes such affidavit for, be barred from the bidders' list for not less than two years.
We further recommend, upon the fact appearing that some employees of the State have been using the wholesale purchasing facilities of the State for the purpose of making private purchases for themselves, that the law applicable to purchases by the State be amended, prohibiting the State Department of Purchases and all departments of this State from purchasing for any employee of this State through the use of the purchasing facilities of this State any goods, wares or merchandise for his personal use, and prohibiting any depa~tment head requisitioning any property to be used by any employee for his individual use or benefit.
This recommendation is based on the fact that it has not been unusual for department heads to include in their requisitions on the purchasing department goods, wares and merchandise which, bought at wholesale by the purchasing department, was in turn resold to the individual employee of the department at the price which it was sold to the State for. We think this unfair competition as against

FRIDAY MARCH 3, 1939

1015

people selling goods, wares and merchandise, who are helping bear the tax burden of this State and trying to build this Commonwealth, and there is of course some expense added by the use of the purchasing department to this end.
Respectfully submitted, Committee on Economy and Efficiency, House Resolution No. 9,
William D. Lanier, Chairman,
James V. Carmichael, Vice-Chairman.
Attest: J. H. Duggan, Jr., Secretary.
Leaves of absence were granted to Messrs. Rogers of Floyd, Whipple ot Bleckley, Sartain of Walker, Howard of Long, Smiley of Liberty, Guyton of Effingham and Yeomans of Wayne.
The Speaker announced the House adjourned until 10:00 o'clock Monday.

1016

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Ga.,

Monday, March 6th, 1939.

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:

Aiken Allen Allison of Gwinnett Allison of White Almand Ansley Atkinson Barlow Barrett Beck Bell Bennett of Clarke Bennett of Ware Binion Blackshear Blease Bloodworth Boyd of Cook Boyd of Greene Branch Bray Brooks of Jackson Brooks of Oglethorpe Bruce Bush Bynum Campbell Candler Carmichael of Butts Carmichael of Cobb Carrington Carter Chappell Cheney Clark Clary Claxton Clements of Calhoun Clements of Marion

Clements of Wheeler Cobb Connell Conner Coogler Cook Corbett Culpepper of Fayette Culpepper of Mitchell Curry Dallis Daughtry Davidson Davis of Coweta Davis of Floyd Dean DeFoor Dickerson Dockery Douglass Drake Drinkard Easley Edwards of Lowndes Edwards of Taylor Elliott English Ennis, J. H. Ennis, Marion Etheridge of Baker Etheridg~ of Fulton Etheridge of Houston Evans of Laurens Evans of McDuffie Ferguson of Camden Ferguson of Sumter Flanders Ford Forrester of Crisp

Forrester of Dade Foster Fowler of Douglas Fowler of Treutlen Franklin of Bulloch Franklin of Polk Gaines Gavin Gill Goddard Goolsby Gowen Graham Grant Grayson Greene Grice Griffin Gross of Stephens Gross of Washington Guyton Harden Hardman Harrison of Crawford Harrison of Jenkins Harvey Hatchett Hayes Henderson Herndon Hill Hinson Holtzendorff Howard Jackson Joel Johnson Jones of Brantley Jones of Paulding

MONDAY, MARCH 6, 1939

1017

Jones of Richmond Kaigler Kelfey Kendrick Kennedy Key Kimbrough King Lanham Lanier Lewis Looper Lovett Mankin Marshall Mason Maxwell McBride McCracken McDaniel McGraw McNall Merritt Middleton Miller Mills Moore of Lumpkin Moore of Taliaferro Morgan Mosely

Moss Pannell Parham Parker Pharr Pierce Pilcher Preston Purdy Ragan Rawlins Rees Reid Rogers Rossee Roughton Rountree Sabados Sams Sanders Sapp Sartain Saunders Scott Simmons Smiley Smith of Henry Smith of Schley Stiles Strickland of Haralson

Strickland of Pierce Summerour Sumner Swindle Tate Terrell Thigpen of Evans Thigpen of Glascock Thornton Tippins Tipton Tomlinson Trippe Turner Vickery Wages Warren Wells Whipple Whitaker Wiggins Williams of Bacon Williams of Ware Wohlwender Wright Yawn Yeomans 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 resolution of the House, to-wit:
By Mr. DeFoor of Mcintosh-
House Bill No. 152. A bill to repeal an Act to license resident live stock dealers in Mcintosh County; and for other purposes.
By Mr. Davis of Floyd-
House Bill No. 209. A bill to amend the Code so as to make it mandatory upon county authorities to furnish an office in the courthouse for county superintendents of schools; and for other purposes.

1018

JOURNAL OF THE HOUSE,

By Mr. Thigpen of Glascock-
House Bill No. 279. A bill to reduce the official bond of the sheriff of Glascock County from $5000 to $3000; and for other purposes.
By Mr. Hill of Screven-
House Bill No. 348. A bill to fix the compensation of the County Treasurer of Screven County; to provide for a referendum submitting this Act to the qualified voters of Screven County; and for other purposes.
By Mr. Hardman of Madison-
House Bill No. 350. A bill to amend an Act providing that vacancy in the office of Commissioner of Madison County shall be filled by election of the people; and for other purposes.
By Messrs. Bruce, Dallis and Morgan of Troup-
House Bill No. 355. A bill to amend an Act to create a new charter for the City of West Point; and for other purposes.
By Mr. Sapp of Coffee-
House Bill No. 361. A bill to amend an Act to create a new charter for the City of Douglas by repealing the limitation of the authority of said city to issue bonds; and for other purposes.
By Mr: Gavin of Clay-
House Bill No. 475. A bill to repeal an Act establishing the City Court of Ft. Gaines; and for other purposes.
By Messrs. Sartain and Kelley of Walker-
House Bill No. 477. A bill to amend the charter of the City of Rossville; and for other purposes.
By Mr. DeFoor of Mcintosh-
House Bill No. 509. A bill to amend an Act creating Commissioners of Mcintosh County, as amended, so as to have said Commissioners elected for a term of two years; and for other purposes.
By Mr. Coogler of Clayton-
House Bill No. 512. A bill to amend an Act to create a Board of Commissioners of Roads and Revenues for Clayton County; and for other purposes.
By Mr. Kaigler of QuitmanHouse Bill No. 514. A bill to repeal an Act creating the office of Solicitor
for the County Court of Quitman County; and for other purposes.
By Mr. Carmichael of Butts-

MONDAY, MARCH 6, 1939

1010

House Bill No. 545. A biJI to amend the charter of the City of Jackson so as to change the time of election thereof; and for other purposes.
By Mr. Rawlins of Telfair-
House Resolution No. 141-533 A. A resolution providing for payment of premium on surety bonds of Clerk and Deputy Clerk of the Superior Court 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 as amended by the requisite constitutional majority the following bills of the House, to-wit:
By Mr. Yawn of Dodge-
House Bill No. 141. A bill to amend an Act entitled an Act to creat a new charter for the City of Eastman; to consolidate the Acts relating to the rights and powers of said corporation; and for other purposes.
By Mr. McBride of Montgomery-
House Bill No. 467. A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Montgomery and enacting in lieu a new section providing for five commissioners: 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 Sanders of the 36th DistrictSenate Bill No. 88. A bill to provide that the salary of the deputy clerk of
the Court of Appeals shall be the same as the salary of the deputy clerk of the Supreme Court; and for other purposes.
By Senator Millican of the 52d DistrictSenate Bill No. 109. A bill to amend the Code of 1933 so as to provide that
any county may establish and maintain quarters or other places of confinement for misdemeanor convicts; and for other purposes.
By Senator Millican of the 52d DistrictSenate Bill No. 149. A bill establishing a new charter for the City of Atlanta;
and for other purposes.
By Senator Holt of the 3d District-

1020

JOURNAL OF THE HOUSE,

Senate Bill No. 171. A bill authorizing the City of Baxley to create a City Authority by city ordinance; and for other purposes.
By Senator Millican of the 52d District-
Senate Bill No. 173. A bill to amend an Act by providing for pension for members of police department in cities having a population of 150,000; and for other purposes.
By Senator Lindsay of the 34th District-
Senate Bill No. 183. A bill to amend the Code relating to appointment of members of the State Board of Medical Examiners; 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 amendment to the following bills of the Senate, to-wit:
By Senator Williams of the 31st District-
Senate Bill No. 94. A bill to reduce the bond of the Sheriff of Habersham County from $10,000 to $4,000; and for other purposes.
By Senator Millican of the 52d District-
Senate Bill No. 132. A bill to amend an Act establishing a new charter for the City of Atlanta; and for other purposes.
Mr. Coogler of Clayton, 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 period of unanimous consents:
l. Introduction of bills and resolutions under the Rules of the House.
2. Report of Standing Committees.
3. 'Second reading of bills and resolutions, favorably reported.
4. Third reading and passage of local uncontested bills and resolutions of the House and Senate.
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 Committee:

MONDAY, MARCH 6, 1939

1021

By Mr. Jones of Paulding-
House Bill No. 717. A bill to be entitled an Act to create a new charter for the Town of Dallas; and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Sabados and Allen of Dougherty-
House Bill No. 718. A bill to be entitled an Act to provide and empower City of Albany to furnish aid and relief and pensions to all officers, agents and employees of the City of Albany; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Kennedy of Tattnall-
House Bill No. 719. A bill to be entitled an Act to amend the charter of the City of Glennville; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Kennedy of Tattnall-
House Bill No. 720. A bill to be entitled an Act to amend Article 7, Section 7. Paragraph I, of the Constitution of Georgia so as to authorize the Reidsville School District to incur a bonded indebtedness in addition to that heretofore authorized; and for other purposes.
Referred to Committee on Amendments to Constitution No. 2.
By Mr. Boyd of Greene-
House Bill No. 721. A bill to be entitled an Act to create a new charter for the City of Greensboro; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. MeNall of Chatham-
House Bill No. 722. A bill to be entitled an Act to amend Section 45-801 of the Georgia Code of 1933 by requiring persons owning or leasing oyster beds in this State to register with the County Commissioners or Ordinary a private mark; and for other purposes.
Referred to Committee on Game and Fish.
By Mr. MeN all of Chatham-
House Bill No. 723. A bill to be entitled an Act to amend Section 45-512 of the Georgia Code of 1933 by prohibiting the use of nets in the rivers and sounds of this State for the purpose of catching fish; and for other purposes.
Referred to Committee on Game and Fish.

1022

JOURNAL OF THE HOUSE,

By Mr. McNall of Chatham-
House Bill No. 724. A bill to be entitled an Act to amt>nd Section 45-322 of the Georgia Code of 1933 relating to the use of traps, poisons, drugs and explosives in killing birds and animals; and for other purposes.
Referred to Committee on Game and Fish.
By Mr. MeN all of Chatham-
House Bill No. 725. A bill to be entitled an Act to amend Section 45-602 of the Code of 1933 by prohibiting the taking of shad between sunrise and sundown on any day of the week; and for other purposes.
Referred to Committee on Game and Fish.
By Mr. McNall of Chatham-
House Bill No. 726. A bill to be entitled an Act to amend Section 45-601 of the Code of 1933, by changing the open season during which shad may be taken from the waters of this State; and for other purposes.
Referred to Committee on Game and Fish.
By Mr. Swindle of Berrien-
House Bill No. 727. A bill to be entitled an Act to amend Article 7, Section 7, Paragraph l, of the Constitution so as to authorize the City of Ray City to incur a bonded indebtedness in addition to that heretofore authorized; and for other purposes.
Referred to Committee on Amendments to Constitution No. 2.
By Mr. Evans of McDuffieHause Bill No. 728. A bill to be entitled an Act to provide the manner in
which justices of the peace and notaries shall be compensated in criminal cases in counties of certain population; and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Stiles of Fannin and Sartain of WalkerHouse Bill No. 729. A bill to be entitled an Act to provide for the special
taxation by the State and by the counties, school districts, municipalities and other political sub-divisions of the State, etc., of all corporations organized under the laws of the United States, engaged in the generation, sale or distribution of electricity; and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Messrs. Stiles of Fannin and Sartain of WalkerHouse Bill No. 730. A bill to be entitled an Act to provide for the ad
valorem taxation of property owned in this State by corporations organized under

MONDAY, MARCH 6, 1939

1023

the laws of the United States and by agencies of the United States engaged in proprietary as distinguished from governmental activities in this State; and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Mr. Etheridge of Fulton-
House Bill No. 731. 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."
Referred to Committee on Temperance.
By Messrs. Rawlins of Telfair and Yawn of DodgeHouse Bill No. 732. A bill to be entitled an Act to provide for a tax on
jute bags, sheeting and bagging, when sold within the State of Georgia; and for other purposes.
Referred to Committee on General Agriculture No. 1.
By Messrs. Allison and Pharr of GwinnettHouse Bill No. 733. A bill to be ~ntitled an Act to amend Georgia Laws
1923, pages 775-780, changing the corporate limits of the Town of Snellville; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Rawlins of TelfairHouse Bill No. 734. A bill to be entitled an Act to amend Georgia Laws
1931, pages 566-574, so as to provide the amount of fees to be charged by the sheriff of Telfair County for dieting prisoners; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Hill of ScrevenHouse Bill No. 735. A bill to be entitled an Act to amend Article 7, Section
7, Paragraph 1, of the Constitution so as to authorize the City of Sylvania to incur bonded indebtedness in addition to that heretofore authorized; and for other purposes.
Referred to Committee on Amendments to Constitution No. 2.
By Mr. Flanders of Emanuel-
House Bill No. 736. A bill to be entitled an Act to amend an Act entitled an Act to incorporate the City of Swainsboro; and for other purposes.

1024

JOURNAL OF THE HOUSE,

Referred to Committee on General Judiciary No. 1.
By Messrs. Allison and Pharr of Gwinnett-
House Bill No. 737. A bill to be entitled an Act to incorporate the Town of Sugar Hill in the County of Gwinnett and State of Georgia; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Atkinson of Chatham-
House Bill No. 738. A bill to be entitled an Act to revise, alter and amend the several Acts incorporating the Town of Tybee, now known as Savannah Beach, Tybee Island, Georgia; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Ferguson of Camden-
House Bill No. 739. A bill to be entitled an Act granting to the Commissioners of Roads and Revenues of Camden County in the State of Georgia authority to regulate in said county along any or all roads which now has authority to adopt and enforce zoning ordinances therein, the heights, size and use of buildings and other structures; the size of yards, courts, and other open spaces; the density of population; and the regulation, location and use of buildings, open spaces, streets and structures respectively for trade, industry, residence, recreation and other purposes; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Kendrick of FultonHouse Bill No. 740. A bill to be entitled an Act to provide for a merit system
of personnel administration in the employment service of Fulton County; and for other purposes.
Referred to Committee on Counties and County l\Iatters.
By Mr. Bray of BartowHouse Bill No. 741. A bill to be entitled an Act to prohibit the use of metal
seals, clips, wires or tags on containers of feed for live stock; and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Mr. Clark of CatoosaHouse Resolution No. 171-740A. A resolution authorizing the State Librarian
to furnish certain law books to Catoosa County; and for other purposes.
Referred to Committee on Public Library.
By Messrs. Harris, Lanier and Jones of Richmond-

MONDAY, MARCH 6, 1939

1025

House Bill No. 742. A bill to be entitled an Act to amend Article VII, Section 7, Paragraph 1, of the Constitution so as to authorize the City Council of Augusta to make temporary loans; and for other purposes.
Referred to Committee on Amendments to Constitution No. 2.
By Messrs. Harris, Lanier and Jones of Richmond-
House Bill No. 743. A bill to be entitled an Act to amend the charter of the City of Augusta so as to authorize the City Council of Aug~sta to make temporary loans and provide for their repayment; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Culpepper of Fayette-
House Bill No. 744. A bill to be entitled an Act to amend the Act incorporating the Town of Tyrone, Georgia; and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Campbell of Newton, Smith of Henry, Carmichael of Butts and Key of Jasper-
House Bill No. 745. A bill to be entitled an Act to authorize fishing with hook and lines at all times during the year in Jackson Lake, located in the counties of Newton, Jasper, Butts and Henry; and for other purposes.
Referred to Committee on Game and Fish.
By Mr. Brooks of Oglethorpe-
House Bill No. 746. A bill to be entitled an Act to add a certain road in Oglethorpe County to the State Highway System known as Neill-Traylor Map; and for other purposes.
Referred to Committee on Public Highway No. 1.
By Messrs. Parker and Barlow of Colquitt-
House Bill No. 747. A bill to be entitled an act to amend an Act creating the City Court of Colquitt County; and for other purposes.
Referred to Committee on Special Judiciary.
By Messrs. Sams, Candler and Turner of DeKalb-
House Bill No. 748. A bill to be entitled an Act to amend the charter of the City of Pine Lake, in DeKalb County; and for other purposes.
Referred to Committee on Municipal Government.
Mr. Scott of Thomas 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. 696. Do pass as amended. Respectfully submitted,
Scott of Thomas, Chairman.
Mr. Scott of Thomas 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. 704. Do pass.
Respectfully submitted,
Scott 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 engrossed and ready for transmission to the Senate, the following bills of the House, to-wit:
House Bills Nos. 614, 622, 626, 636, 640, 644, 645, 646, 650, 655, 660, 664, 665, 670, 672, 674 A, 675, 679, 687, 688.
Respectfully submitted,
Sartain of Walker, Chairman.
Mr. Ansley of Lee 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 bills of the House, to-wit:
House Bills Nos. 251, 374, 417, 457, 467, 485, 492, 500, 519, 534, 547. Respectfully submitted,
Ansley of Lee, Chairman.

MONDAY, MARCH 6, 1939

1027

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 House and have instructed me, as Chairman, to report the same back to the House with the following recommendations:
House Bill No. 546. Do pass.
House Bill No. 656. Do not pass.
House Bill No. 574. Do not pass.
House Bill No. 575. Do not pass.
Respectfully submitted,
Almand of Walton, Chairman.
By unanimous consent, the following bills of the House, favorably reported, were read the second time:
By Mr. King of CowetaHouse Bill No. 546. A bill to be entitled an Act to amend Section 77-349,
Code of 1933, by adding the following words: "which shall include per diem actual expenses including traveling expenses or any other expenditure made by the members of the Board"; and for other purposes.
By Mr. Boyd of CookHouse Bill No. 696. A bill to be entitled an Act to amend an Act (Georgia
Laws 1933, pages 161 to 172) to provide that Cook County be re-imbursed out of highway funds for amounts expended in the erection of Whitehurst Bridge across Little River on State Route 65 and Rock Bridge across Little River on Route 76; and for other purposes.
By Mr. Foster of TownsHouse Bill No. 704. A bill to be entitled an Act to require the tax collector
of Towns County to issue all tax receipts in numerical order; 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. Allison and Pharr of GwinnettHouse Bill No. 695. A bill to be entitled an Act to amend an Act to establish
a system of public schools in the Town of Lawrenceville, Georgia; and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.

1028

JOURNAL OF THE HOUSE,

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. Candler, Sams and Turner of DeKalb-
House Bill No. 701. A bln to be entitled an Act to amend an Act creating and establishing a new charter and municipal government for the Town of Decatur, in DeKalb 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. Candler, Sams and Turner of DeKalb-
House Bill No. 702. A bill to be entitled an Act to amend an Act creating and establishing a new charter and municipal government for the Town of Decatur, so as to extend the corporate limits of said town; and for other purposes.
The report 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. Harris, Lanier and Jones of Richmond-
House Bill No. 703. A bill to be entitled an Act to amend the charter of the City of Augusta, and the several Acts amendatory thereof; and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Senator Redman of the 26th District-
Senate Bill No. 127. A bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Butts County; and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, the nays 0.
The bill having rec;eived the requisite c;onstitutional majoxity was passed.

MONDAY, MARCH 6, 1939

1029

By unanimous consent, the following bills of the Senate were read the first time and referred to the Committees:
By Senator Sanders of the 36th District-
Senate Bill No. 88. A bill to be entitled an Act to provide that the salary of the deputy clerk of the Court of Appeals shall be the same as the salary of the deputy clerk of the Supreme Court; and for other purposes.
Referred to Committee on Special Judiciary.
By Senator Millican of the 52nd District-
Senate Bill No. 109. A bill to be entitled an Act to amend Section 201, Chapter 77, Title 77, Georgia Code of 1933, so as to provide that any county may establish and maintain quarters or other places of confinement for misdemeanor convicts; and for other purposes.
Referred to Committee on Penitentiary.
By Senator Millican of the 52nd District-
Senate Bill No. 149. A bill to be entitled an Act to amend an Act establishing a new Charter for the City of Atanta, approved February 28, 1874; and for other purposes.
Referred to Committee on Municipal Government.
By Senator Holt of the 3d District-
Senate Bill No. 171. A bill to be entitled an Act to authorize. the City of Baxley to create a City Authority by city ordinance; and for other purposes.
Referred to Committee on Municipal Government.
By Senator Millican of the 52nd District-
Senate Bill No. 173. A bill to be entitled an Act to amend an Act entitled "An Act to repeal an Act approved August 18, 1925, and to provide for a pension for members of the police department in cities having certain population"; and for other purposes.
Referred to Committee on Municipal Government.
By Senator Dawson of the 2nd District-
Senate Bill No. 175. A bill to be entitled an Act to amend Article 7, Section 7, Paragraph 1, of the Constitution so as to authorize the Willie Consolidated School District of Liberty County to incur a bonded indebtedness; and for other purposes.
Referred to Committee on Amendments to Constitution No. 2.
By Senator Warnell of the 1st DistrictSenate Bill No. 177. A bill to be entitled an Act to amend Article 7, Section 7,

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JOURNAL OF THE HOUSE,

Paragraph 1, of the Constitution of the State of Georgia so as to authorize the City of Savannah to incur a bonded indebtedness in addition to that heretofore authorized; and for other purposes.
Referred to Committee on Amendments to Constitution No. 2.
By Senator Lindsay of the 34th District-
Senate Bill No. 183. A bill to be entitled an Act to amend Section 84-903 of the Code of 1933 relating to the appointment of members of the State Board of Medical Examiners so as to provide that members may be appointed without regard to ratio as to the number of members to be appointed from any particular school of medicine; and for other purposes.
Referred to Committee on Hygiene and Sanitation.
The following resolutions were read and adopted:
By Messrs. Harris of Richmond, Hayes of Miller, Mills of Decatur, Drake of Seminole, Scott of Thomas, Gross of Stephens, Bell of Grady, and Culpepper and Bush of Mitchell-
House Resolution No. 172.
A RESOLUTION
Whereas, the Honorable J. M. Simmons, our Representative from Decatur County, is confined to his home on account of illness, and
Whereas, the members of the House will miss the genial gentleman from Decatur County during his absence,
Now, therefore, be it resolved by the House that we express to Mr. Simmons our deep regrets of his illness and wish for him a speedy recovery.
By Senators Durden of the lOth and Howe of the 38th Districts-
Senate Resolution No. 53. A resolution that the Interstate Commerce Commission be memorialized and petitioned by the General Assembly of this State to immediately effectuate the said uniform rate structures; and for other purposes.
The following bill of the House was taken up for the purpose of considering the Senate amendment thereto:
By Mr. McBride of Montgomery-
House Bill No. 467. A bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Montgomery by repealing Section 1 of said Act; and for other purposes.
The following Senate amendment to House Bill No. 467, was read and agreed to:

MONDAY, MARCH 6, 1939

1031

The Senate moves to amend House Bill No. 467, by amending Section 1 thereof, by adding the following at the end of said section:

"Provided, that in the event there are two or more candidates residing in any one Militia District, only the one 'in such district obtaining the highest number of votes shall be elected as a member of the Board of Commissioners of Roads and Revenues."

Under the order of unfinished business, the following bill of the House was again taken up for consideration:

By Messrs. Harvey of Upson and Trippe of Polk-

House Bill No. 435. A bill to be entitled an Act to raise revenue by levying a tax for the benefit of dependent children, etc., to repeal certain tax laws; and for other purposes.

At the time of adjournment on Friday, the House had under consideration the Committee Substitute to House Bill No. 435, and further consideration of
Section 7, was resumed:

The following amendment was read:

Messrs. Edwards of Lowndes and Tippins of 'Vilcox move to amend the Committee Substitute for House Bill No. 435, by adding another section thereto; to be appropriately numbered to read as follows:

The provisions of this bill shall not apply to any Sale of Farm Implements such as plows, cultivators, harrows, distributors, mowers, rakes, and hoes and any and all other tools used in the cultivating of crops.

Provided further that the caption of said bill be amended accordingly.

On the adoption of the amendment, Mr. Pilcher of Warren moved the ayes and nays, and the call was sustained.

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

Those voting in the affirmative were Messrs.:

Aiken Allison of Gwinnett Allison of White Barlow Barrett Binion Blease Bush Bynum Carter Clary Clements of Wheeler

Culpepper of Mitchell Davidson Davis of Coweta Dockery Drinkard Easley Edwards of Lowndes Edwards of Taylor Etheridge of Baker Evans of Laurens Evans of McDuffie Ferguson of Sumter

Forrester of Crisp Forrester of Dade Franklin of Bulloch Franklin of Polk Gill Goddard Grant Guyton Harden Hinson Joel Johnson

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JOURNAL OF THE HOUSE,

Jones of Brantley Jones of Paulding Jones of Richmond King Lovett Maxwell McBride McCracken Mosely

Pannell Parham Parker Pierce Pilcher Ragan Reid Sabados Saunders

Those voting in the negative were Messrs.:

Almand Ansley Atkinson Beck Bennett of Ware Bloodworth Boyd of Greene Branch Bruce Carmichael of Butts Carrington Cheney Clark Claxton Clements of Calhoun Coogler Corbett Curry Dallis Daughtry Dean Dickerson Drake Elliott English Ennis, Marion Etheridge of Fulton Etheridge of Houston

Ferguson of Camden Flanders Ford Foster Gavin Gowen Graham Grayson Greene Grice Griffin Ciross of Stephens Gross of Washington Harrison of Crawford Harvey Hatchett Henderson Herndon Hill Jackson Kaigler Kennedy Key Kimbrough Lewis Mankin Mason McGraw

Those not voting were Messrs:

Allen Bell Bennett of Clarke Blackshear Boyd of Cook

Bray Brooks of Jackson Brooks of Oglethorpe Campbell Candler

Smith of Schley Strickland of Haralson Thigpen of Cilascock Thornton Tipton Warren Wells Williams of Bacon Wohlwender
McNall Middleton Miller Mills Moore of Lumpkin Moore of Taliaferro Morgan Pharr Preston Purdy Rawlins Rountree Sartain Saunders Scott Stiles Strickland of Pierce Sumner Swindle Tate Thigpen of Evans Trippe Vickery Whitaker Wiggins Yawn
Carmichael of Cobb Chappell Clements of Marion Cobb Connell

MONDAY, MARCH 6, 1939

1033

Conner Cook Culpepper of Fayette Davis of Floyd DeFoor Douglass Ennis, ]. H. Fowler of Douglas Fowler of Treutlen Gaines Goolsby Hardman Harrison of Jenkins Hayes Holtzendorff

Howard Kelley Kendrick Lanham Lanier Looper Marshall McDaniel Merritt Moss Rees Rogers Rossee Roughton Sams

Sapp Simmons Smiley Smith of Henry Summerour Terrell Tippins Tomlinson Turner Wages Whipple Williams of Ware Wright Yeomans

By unanimous consent, the verification of the roll call was dispensed with. On the adoption of the amendment, the ayes were 63, the nays 82. The amendment was lost.

Section 7, as amended, was adopted.
Section 8. PROCEDURE WHEN DEALER CEASES BUSINESS. Be it further enacted by the authority aforesaid:
(a) If any dealer liable for any tax, interest or penalty levied hereunder shall sell out his business or stock of goods or shall quit the business, he shall make a final return and payment within fiftet'n days after the date of selling or quitting business. His successor, successors or assigns, if any, shall withhold sufficient of the purchase money to cover the amount of such taxes, interest and penalties due and unpaid until such time as the former owner shall produce a receipt from the Commissioner of Revenue showing that they have been paid.
Section 8, was adopted.

Section 9. WHEN TAXES DUE AND PAYABLE. Be it further enacted by the authority aforesaid:
(a) The taxes levied hereunder shall be due and payable monthly beginning on the first day of the month next following the date this Act takes effect; and for the purpose of ascertaining the amount of tax payable under this Act, it shall be the duty of all dealers, on or before the 20th day of the month following the month in which this tax shall become effective, to transmit to the Commissioner, upon forms prescribed, prepared and furnished by him, returns, under oath, showing the total sales or purchases, as the case may be, arising from all sales or purchases taxable under this Act, during the preceding calendar month, or during the part of the preceding calendar month, running from the effective date of this Act to the end of such month; and thereafter, like returns shall be prepared and transmitted to said Commissioner by all dealer~, on or before the 20th day of each

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JOURNAL OF THE HOUSE,

month, for the preceding calendar month. Such returns shall show such further information as the Commissioner may require to enable him to correctly compute and collect the tax herein levied. Every dealer at the time of making the return required hereunder, shall compute and remit to the Commissioner the required tax due for the preceding calendar month.
(b) Proceeds from rentals or leases of tangible personal property shall be reported and the tax shall be paid with respect thereto, in accordance with such rules and regulations as the Commissioner may prescribe.
It is hereby declared to be , the intention of this Act to impose a tax on the proceeds of all leases and rentals of tangible personal property in this State where the lease or rental is a part of a regularly established business, or the same is incidental or germane thereto.
(c) If the amount of tax due by the dealer is not paid on or before the date prescribed for its payment, there shall be collected, with said tax, interest upon said unpaid amount, at the rate of one percent ( 1%) per month, or fractional part thereof, from the date prescribed for its payment until it is paid, and, in addition to the interest that may be so due there shall also be collected a penalty equivalent to 10% of the tax due, when such tax is not paid within thirty (30) days from the final date prescribed for its payment.
No person, board or official of the State of Georgia shall have the power or right to in anywise set aside, suspend, or alter the tax levied by this Act and the penalties provided herein for failure to pay said tax. Nothing herein contained shall interfere with the right of the Commissioner to adjust and settle claims of taxpayers that are in dispute as now provided by law.
The Commissioner, for good cause, may extend for not to exceed fifteen days the time for making any returns required under the provisions of this Act.
(d) In the event any dealer fails to make a report and pay the tax as provided by this Act, or in case the dealer makes an incorrect report, or a report that is false or fraudulent, it shall be the duty of the Commissioner to make an estimate for the taxable period of the retail sales of such dealer, or of the proceeds from rentals or leases of tangible personal property by the dealer, and an estimate of the selling price of all articles of tangible personal property imported by the dealer for use or consumption or distribution or storage to be used or consumed in this State, and assess and collect the tax and interest, plus penalty, if such have accrued; the Commissioner shall issue an execution in the same manner in which executions are issued by him for the failure to pay taxes levied under the General Tax Act, which execution shall be considered prima facie correct, and the burden to show the contrary shall rest on the dealer.
(e) It shall be the duty of every dealer required to make a report and pay any tax under this Act, to keep and preserve suitable records of the sales or purchases, as the case may be, taxable under this Act, and such other books of account as may be necessary to determine the amount of tax due hereunder, and other information as may be required by the Commissioner; and it shall be the

MONDAY, MARCH 6, 1939

1035

duty of every such dealer, moreover, to keep and preserve for a period of two years, all invoices and other records of goods, wares and merchandise or other subjects of taxation under this Act; and all such books, invoices and other records shall be open to examination, at all reasonable hours, by the Commissioner or any of his duly authorized agents.

In the event the dealer has imported the tangible personal property and he fails to produce an invoice showing the selling price of the articles as defined in this Act, which are subject to tax, or the invoice does not reflect the true or actual selling price, as defined herein, then the Commissioner shall ascertain, in any manner feasible, the true selling price and assess and collect the tax with interest, plus penalties, if such have accrued, on the selling price as determined by him.

In the case of the lease or rental of tangible personal property, if the consideration given or reported by the dealer does not, in the judgment of the Commissioner, represent the true or actual consideration, then the Commissioner is authorized to fix the same and collect the tax thereon in the same manner as above provided, with interest plus penalties, if such have accrued.

(f) For the purpose of collecting and remitting to the State the tax imposed by this Act, the dealer is hereby declared to be the agent of the State.

(g) In order to aid in the administration and enforcement of the provisions of this Act, and to collect all of the tax imposed by this Act, all wholesale dealers and jobbers in this State are hereby required to keep a record of all sales of tangible personal property made in this State, whether such sales be for cash or on terms of credit. The record required to be kept by all wholesale dealers and jobbers shall contain and include the name and address of the purchaser, the date of the purchase, the article purchased and the price at which the article is sold to the purchaser. These records shall be kept for a period of two years and shall be open to the inspection of the Commissioner or his duly authorized agent at all reasonable hours. The failure of any wholesale dealer or jobber in this State to keep such records, or the failure of any wholesale dealer or jobber in this State to permit an inspection of such records by the Commissioner or his duly authorized agents as aforesaid, shall be deemed a misdemeanor and upon conviction thereof punished as provided in Section 27-2506 of the Georgia Code of 1933, and the Commissioner shall have the right to petition the Judge of the Superior Court for an order requiring said wholesaler or jobber to produce his books and records for the inspection by the Commissioner or his duly authorized agents.

The following amendments to Section 9, were read and adopted:

Messrs. Lovett of Laurens and Gross of Stephens move to amend Committee Substitute to House Bill No. 435, by striking from paragraph "B" of Section 9, the following: "In accordance with such rules and regulations as the Commissioner may prescribe."

Messrs. Evans of McDuffie and Forrester of Crisp move to amend Section 9,

Paragraph B, of Substitute for House Bill No. 435, by adding at the end thereof

the following:



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JOURNAL OF THE HOUSE,

"It is further the intention of this Section to include sale of automobiles, b~ught from or financed by finance companies, whether designated as a lease or sale and shall also include salaries bought by salary buyers."
Section 9, as amended, was adopted.
Section 10. COMMISSIONER TO DETERMINE METHOD OF COLLECTION OF TAX. Be it further enacted by the authority aforesaid:
(a) That the Commissioner of Revenue shall administer and enforce the provisions of this Act and the collection of the tax imposed by said Act. He shall make such rules and regulations as he deems necessary for the administration of this Act, said rules and regulations not to be inconsistent with this Act or the Constitution of this State or of the United States.
(b) The Commissioner is directed to purchase tokens in an amount and denominations sufficient for the proper administration of this Act.
The following amendment to Section 10, was read and adopted:
Mr. Aiken of Bulloch moves to amend sub-section B of Section 10 of Substitute for House Bill No. 435 by changing the period at the end of said section to a comma, and by adding the following:
"and said tokens shall be purchased through the State Purchasing Agent after competitive bids have been duly called for and the lowest bidder has been ascertained."
Section 10, as amended, was adopted.
Section 11. COMMISSIONER AUTHORIZED TO EXAMINE BOOKS AND RECORDS OF ALL TRANSPORTATION COMPANIES OPERATING IN STATE. Be it further enacted by the authority aforesaid:
(a) For the purpose of enforcing the collection of the tax levied by this Act, the Commissioner is hereby specifically authorized and empowered to examine, at all reasonable hours, the books, records and other documents of all persons, transportation companies, agencies, or firms operating in this State, whether said companies, agencies or firms conduct their business by truck, rail, water, airplane, or otherwise, in order to determine what dealers, as provided in this Act, are importing or are otherwise shipping articles of tangible personal property which are liable for said tax. In the event said person, transportation company, agency or firm shall refuse to permit such examination of its books, records and other documents by the Commissioner as aforesaid, such shall be deemed a misdemeanor and upon conviction punished as provided in Section 27-2506 of the Georgia Code of 1933, and the Commissioner shall have the right to petition the Judge of the Superior Court for an order requiring said person, transportation company, agency or firm to produce their books and records for inspection by the Commissioner or his duly authorized agents.
(b) Each dealer, as defined in this Act, shall secure, maintain and keep for

MONDAY, MARCH 6, 1939

1037

a period of two (2) years, a complete record of tangible personal property received, used, sold at retail, distributed or stored, leased or rented, within this State by said dealer, together with invoices, bills of lading, and other pertinent records and papers as may be required by the Commissioner for the reasonable administration of this Act, and all such records shall be open for inspection by the Commissioner or his duly authorized agents at all reasonable hours. Any dealer subject to the provisions of this Act who shall violate this provision shall be guilty of a misdemeanor and upon conviction punished as provided in Section 27-2506 of the Georgia Code of 1933, and the Commissioner shall have the right to petition the Judge of the Superior Court for an order requiring said dealer to produce his books and records for inspection by the Commissioner or his duly authorized agents.
Section 11, was adopted.
Section 12. PROCEDURE WHEN RETURNS NOT MADE BY DEALER BEFORE BECOMING DELINQUENT.
Be it further enacted by the authority aforesaid:
(a) If any dealer fails to make any such return, or refuses to permit an examination of his, the dealer's books, records, or papers, or to answer questions within the scope of an investigation of the Commissioner relating to the sale, use, consumption, distribution, storage, lease or rental of tangible personal property, the Commissioner may apply to the Superior Court of the County in which such dealer may reside or have his principal place of business, or to any judge thereof, for an order requiring such dealer to make such return, or requiring the dealer, his agents or employees, to answer any such questions or permit such examination; and the court, or any judge thereof, shall thereupon issue an order, upon such reasonable notice as shall be prescribed therein, to be served upon said dealer or the agents or employees of such dealer, directing him or them to testify and to produce such books, records and papers as may be required.
(b) At the time of transmitting the return required hereunder to the Commissioner, the dealer shall remit to him, therewith, the amount of the tax due under the applicable provisions of this Act, and failure to so remit such tax, shall cause said tax to become delinquent.
(c) All taxes, interest and penalties, imposed under this Act shall be paid to the Commissioner at the State Capitol at Atlanta, in the form of remittance required by him.
(d) Any dealer subject to the provisions of this Act, failing or refusing to furnish any return herein required to be made, or failing or refusing to furnish a supplemental return or other data required by the Commissioner, or who shall violate any other provision of this Act shall be guilty of a misdemeanor and upon conviction punished as provided in Section 27-2506 of the Georgia Code of 1933.
(e) Any dealer required to make, render, sign or verify any return, as aforesaid, who makes a false or fraudulent return, with intent to evade the tax hereby

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levied, shall be guilty of a misdemeanor and upon conviction punished as provided in Section 27-2506 of the Georgia Code of 1933.
(f) The venue of the prosecution arising under subsection (d) hereof, shall be in the County wherein the Act complained of was committed: and prosecutions arising under subsection (e) hereof, shall be instituted in the County where such return was verified.
(g) Any dealer who shall violate any other provision of this Act, punishment for which is not otherwise herein provided, shall be guilty of a misdemeanor and upon conviction punished as provided in Section 27-2506 of the Georgia Code of 1933.
Section 12, was adopted.
Section 13. DELINQUENT TAX EXECUTIONS; LIEN OF TAX.
Be it further enacted by the authority aforesaid:
(a) If any tax or amount imposed by this Act, or any portion of such tax or amount is not paid within thirty days, after due, the same shall be considered delinquent, and the amount payable thereafter shall be the amount due with ten per centum ( 10%) for the first month and with interest of one per centum ( 1%) per month until paid or collected and the Commissioner may, as soon as practicable thereafter, issue an execution under his official seal, directed to the sheriff of any county of the State, commanding him to levy upon and sell any real and personal property of the person owing the same, for the payment of the amount thereof, with the added penalties, interest, and the court cost which may accrue in the collection of the execution. Upon receipt of said execution by the sheriff he shall file the execution in the office of the Clerk of the Superior Court of the County of the defendant's residence, provided, however, that in cases where the execution is issued against a nonresident, the execution may be filed with the Clerk of the Superior Court in any county where the nonresident has an agent or a place of business, and thereupon the Superior Court Clerk shall enter the execution upon the General Execution Docket, and upon entering the said execution upon the Docket, it shall become a lien upon all property of the defendant as other tax liens. Upon the levying of such execution by the sheriff or other levying officer of this State, the taxpayer shall have a right to file an affidavit of illegality to the execution so issued, which shall be tried in the sam~ manner as affidavits of illegality to executions issued by the Superior Courts of this State are now tried.
(b) For the purpose of the enforcement of this Act and the collection of the tax levied hereunder, it is presumed that all tangible personal property subject to the provisions of this Act imported into this State or held in this State, by any dealer, is to be sold at retail, used or consumed, or stored for use or consumption in this State, or leased or rented within this State, and is subject to the tax herein levied.
Section 13, was adopted.

MONDAY, MARCH 6, 1939

1039

Section 14. COMMISSIONER AUTHORIZED TO ESTABLISH SYSTEM OF PERMITS. Be it further enacted by the authority aforesaid:
(a) That in order to prevent the illegal importation of tangible personal property which is subject to tax, into this State, and to strengthen and make more effective the manner and method of enforcing payment of the tax imposed by this Act, the Commissioner is hereby authorized and empowered to put into operation a system of permits whereby any person or dealer, as defined by this Act, may import tangible personal property.
(b) The importation into this State of tangible personal property which is subject to the tax imposed by this Act for the purpose of avoiding the payment of the taxes provided in this Act, by truck, automobile, or other means of transportation other than a common carrier, shall be construed as an attempt to evade the payment of said tax and the same is hereby prohibited and said truck, automobile, or other means of transportation other than a common carrier shall be seized by the Commissioner or his agents and shall be subject to confiscation in the manner provided for in this Act.
(c) The Commissioner is hereby authorized in a summary proceeding, or by an action against the owner or operator of any truck, automobile or means of transportation other than a common carrier, used in the illegal importation and transportation of any article or articles of tangible personal property on which a tax is levied by this Act, and on which said tax has not been paid, to demand the forfeiture and sale of the said truck, automobile or other means of transportation, together with the said taxable property, used in said illegal importation and transportation and in violation of this Act; said vehicle and goods being so transported shall be condemned in the same manner as goods and vehicles are now condemned under the provisions of the Cigar and Cigarette Tax Act of this State.
Section 14, was adopted.
Section 15. RIGHT OF REFUND OR REIMBURSEMENT ON RETURNED PURCHASES. Be it further enacted by the authority aforesaid; that in the event purchases are returned to the dealer by the purchaser or consumer after the tax imposed by this Act has been collected or charged to the account of the consumer or user, the dealer shall be entitled to reimbursement of the amount of tax so collected or charged by him, in the manner prescribed by the Commissioner and in case the tax has not been remitted by the dealer to the Commissioner, the dealer may deduct the same in submitting his return. Upon receipt of a sworn statement of the dealer as to the amount of such refunds during the period covered by such sworn statement, which period shall not be longer than ninety (90) days, the Commissioner shall issue to the dealer an official credit memorandum equal to the net amount remitted by the dealer for such tax collected. Such memorandum may be accepted by the Commissioner at full face value from the dealer to whom it is issued, in the remittance for subsequent taxes accrued under the provisions of this Act; provided, however, that in no case shall the Commissioner make a credit memorandum for taxes paid on goods returned unless the Commissioner is satisfied that the amount of refund so claimed is true and correct.

1040

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The Commissioner shall design, prepare, print and furnish to all dealers, or make available to said dealers, all necessary forms for filing returns, and instructions to insure a full collection from dealers and an accounting for the taxes due, but failure of any dealer to secure such forms shall not relieve such dealer from the payment of said tax at the time and in the manner herein provided.
Section 15, was adopted.
Section 16. SETTLEMENTS TO BE MADE BY COMMISSIONER WITH STATE TREASURER. Be it further enacted by the authority aforesaid that all taxes collected under the provisions of this Act shall be paid to the Commissioner of Revenue. All monies collected under the provisions of this Act, less cost of administration, deductions and discounts which may be allowed, as authorized herein, shall be paid to the State Treasurer, said payments to the State Treasurer not to be made until all costs of administration, deductions and discounts allowed have been deducted by the Commissioner of Revenue.
The following amendment to Section 16, was read and adopted:
Mr. Hatchett of Meriwether moves to amend Section 16 of Committee Substitute for House Bill No. 435 by striking the ~ection in its entirety and substituting in lieu thereof the following:
Section 16. Settlements to be made by Commissioner with State Treasurer. Be it further enacted by the authority aforesaid that all taxes collected under the provisions of this Act shall be paid to the Commissioner of Revenue. All monies collected under the provisions of this Act, less deductions and discounts which may be allowed, as authorized herein, shall be paid to the State Treasurer who shall distribute the funds in accordance with the provisions of this Act.
Section 16, as amended, was adopted.
Section 17. EFFECTIVE DATE. Be it further enacted by the authority aforesaid that this Act shall become effective July 1, 1939.
Section 17, was adopted.
Section 18. Be it further enacted by the authority aforesaid that the taxes imposed under the provisions of this Act shall not apply to the sales of gasoline, cigars and cigarettes, malt beverages, alcoholic liquors and wines.
Section 18, was adopted.
Section 19. SECRECY AND PRIVACY OF RECORDS. Be it further enacted by the authority aforesaid that the same provisions relating to secrecy and privacy provided by the income and intangible tax laws of the State of Georgia shall be applicable to the returns made, information furnished and taxes paid under this Act.
Section 19, was adopted.
Section 20. PENALTY FOR VIOLATION. Be it further enacted by the

MONDAY, MARCH 6, 1939

1041

authority aforesaid that the violation of any provision of this Act shall be a misdemeanor and upon conviction punished as provided in Section 27-2506 of the Georgia Code of 1933.
Section 20, was adopted.
Section 21. TO PROVIDE AN APPROPRIATION FOR THE ADMINISTRATION OF THIS ACT. Be it further enacted by the authority aforesaid that five per cent ( 5% ) of the total revenue collected under the provisions of this Act be and the same is hereby allocated or appropriated to the Department of Revenue for the expenses in the collection and the enforcement of the terms and provisions of this Act and the administration thereof. The Commissioner of Revenue is hereby authorized to employ agents and enforcement officers, including auditors and such clerical assistance as may be necessary in his opinion to collect the taxes imposed under this Act and carry out the provisions thereof.
The following amendment to Section 21, was read and adopted:
Mr. Lewis of Burke moves to amend the Committee Substitute for House Bill No. 435, Section 21, as follows:
By striking from the title of said Section 21, the word3 "An appropriation" and by striking from the body of said Section 21 the words "or appropriated".
The following Committee amendment to Section 21, was read and adopted:
The Committee moves to amend Committee Substitute to House Bill No. 435 by striking the figure 5% in Section 21, and inserting in lieu thereof the figure 3%, and by adding at the end of said section the following:
The dealer named in this Act as an agent of the State shall be allowed 2% of the total revenue collected by said dealer for collecting same, and shall be retained by said dealer; provided further that after the first years' operation of this Act, the Revenue Commissioner shall receive only 2% and the dealer aforesaid shall receive 3%,
and to amend the caption thereof accordingly.
Section 21, as amended, was adopted.
Section 22. USE OF NET PROCEEDS FROM THE COLLECTION OF TAXES UNDER THIS ACT. Be it further enacted by the authority aforesaid, that the net proceeds of the revenue derived from the taxes herein levied be and the same are hereby allocated as follows:
One-third of the net proceeds of this tax is hereby allocated to the State Board of Education to be used by said Board for the sole purpose of paying the salaries of teachers employed by the State in the public school system;
One-third of the net proceeds of this tax is hereby allocated to the Department of Public Welfare to be used by them for the exclusive purpose of paying old age pensions, for the benefit of Dependent Children, Patients at the State Hospital at

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JOURNAL OF THE HOUSE,

Milledgeville and the School for Mental Defectives at Gracewood, for the Patients at Alto Sanitarium, and to aid the Blind;
One-third of the net proceeds of this tax is hereby allocated to each of the several Counties of the State to be distributed to said Counties in the same manner as the present gasoline tax is now distributed, except that the amount allocated to each of the several Counties shall be based upon the public road mileage in each County as determined by the State Highway Department of the State of Georgia, and said sum allocated to the several Counties of this State shall be used for the purpose of constructing and maintaining the public roads in the Counties.
Mr. Wohlwender of Muscogee moved that the House do now recess for one hour, and the motion prevailed.
The following communication was submitted and read:

State of Georgia

Executive Department

E. D. Rivers, Governor

Atlanta

March 6, 1939.

Honorable Roy V. Harris, Speaker, and
Members of the House of Representatives

Gentlemen:

I have today vetoed House Bill No. 497, at the request of the entire delegation from Fulton County and Senator from the 52nd District, as evidenced by the attached communication.

Respectfully submitted,

R-rbl
encl.
(Seal)

E. D. Rivers, Governor.

G. Everett Millican, 52nd District, Atlanta, Georgia. Chm., County and County Matters; Vice-Chm., Municipal Government;
Secretary, Finance

MONDAY, MARCH 6, 1939

1043

State of Georgia

The State Senate

Senate Chamber

Atlanta

Committees:

Amendments to the Constitution Aviation Banks and Banking Corporations Education Highways Industrial Relations Insurance Manufactures Motor Vehicles Rules State of the Republic Temperance University System of Georgia Western & Atlantic Railroad

Hon. E. D. Rivers, State Capitol, Atlanta, Ga.

March 3, 1939.

Dear Governor Rivers:

We the members of the Fulton Delegation in the House and Senate respectfully request that you veto House Bill No. 497 which is a local bill pertaining to Fulton County.

Yours very truly,

G. E. Millican,

W. C. Kendrick,

Helen Douglas Mankin,

Paul S. Etheridge, Jr.

The Speaker announced the House recessed until 2:00 o'clock today.

2 :00 o'clock, P. M.

The Speaker called the House to order.

The following Communication was submitted and ordered filed:

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JOURNAL OF THE HOUSE,

COMMUNICATION NO. 23
March 7, 1939.
Hon. Roy Harris, House of Representatives, Atlanta, Ga.
Mr. Speaker:
RE: Economy-Efficiency, House Resolution No. 9.
Your Committee met and organized on January 24, 1939, and immediately started its investigation of various State departments. To date we have recommended the savings hereinafter set out. You will note that we have divided our recommendations into three classifications:
1. Savings Effected.
2. Potential Savings, if recommendations are adopted.
3. Potential Increase in Revenue, if recommendations are adopted.
You will further note from figures immediately below that we .have noted opposite each recommendation whether it be from allocated funds or from the general fund.
Following the recapitulation set out immediately hereafter, there is a synopsis of each of our recommendations to date.
SAVINGS EFFECTED
Motor Vehicle (tag inspectors)---------------$ 88,477.69 allocated fund. Capitol Building and Grounds
(Maintenance) ------------------------------------- 6,219.20 general fund. Department of Education
(Administrative and suspension of certain services) ____________________________ 288,971.35 general and allocated funds.

$383,668.24
These savings have been put into effect by departmental action or Executive order.
POTENTIAL SAVINGS (If recommendations are adopted)

Insurance Commissioner..-----------------------------$ Motor Vehicle
(One tag and postage)-----------------------Rural Post Roads
(Administrative) -----------------------------------

10,260.00 general fund. 30,000.00 allocated fund. 160,122.00 allocated fund.

MONDAY, MARCH 6, 1939

1045

Revenue Department
(General inspectors)-----------------------------Department of Education
(Teachers' survey to dispense
with useless teachers, etc.)-------------Motor Fuel Tax Law
(Reduction of collection allow-
ance) ---------------------------------------------------Department of Public Welfare.................. Motor Vehicle
( I~imiting number of employees
in tag department)-----------------Purchasing Department
(Administrative) .................................... (Savings in purchases) ..........................

14,945.00 general fund.
200,000.00 general fund.
171,000.00 allocated fund. 170,150.00 general fund.
15,000.00 general fund. 30,000.00 general fund. 500,000.00 general and allocated funds.

Total Potential Savings........................ $1 ,301,477.00
POTENTIAL INCREASE IN REVENUE (If recommendations are adopted)
Tag Department Reclassifying passenger and other motor vehices) ....................................$500,000.00 allocated fund.
Department of Revenue (Auditing tax collectors for State taxes) .................................................. 200,000.00 general fund.

Total Potential Increase in Revenue.......... $700,000.00
Total savings effected, potential savings, and potential increase m revenue....................................................................................................$2,385,145.24
We wish to call the attention of the House to the fact that your Committee has not yet had an opportunity to investigate and study the departments hereinafter listed. We are of the firm conviction, however, that should we have the opportunity to study and investigate these other departments that we will be able to recommend still further large savings which can be effected annually. The fact that we have not yet investigated and studied these departments is due solely to the fact that time has not permitted us to do so.
The departments which have not yet been studied are as follows: 1. Department of Agriculture, including Regular Salaries, Veterinary Division,
Farmers Market, Egg Division
2. Athletic Commission
3. Department of Audits.
4. Department of Banking

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JOURNAL OF THE HOUSE,

5. Comptroller-General
6. Department of Entomology.
7. Governor's Office, Governor's Mansion, and other special functions of the Executive Department
8. Highway Department, including the a. General Office b. Laboratory c. Quarry d. Collection of revenue e. Shop f. Warehouse g. Douglas Shop h. Professional Fees I. Highway Planning Survey j. Asphalt and Convict k. First Division-Rome I. Second Division-Gainesville m Third Division-Augusta n. Fourth Division-Macon 0. Fifth Division-Columbus p. Sixth Division-Savannah q. Seventh Division-Fitzgerald
9. Department of Labor A. Administrative Office B. Industrial Board C. State Employment Service D. Bureau of Unemployment Compensation
10. Department of Law
11. State Library
12. Library Commission
13. Military Department a. Regular Maintenance b. Guard duty Warm Springs c. Inauguration of Governor d. Rifle range e. Rifle team f. Riot duty

MONDAY, MARCH 6, 1939

1047

14. Milk Control Board
15. Department of Natural Resources a. Commissioner's Office b. Mines and geology division c. Parks division d. Forestry division e. Forestry division-Herty Foundation f. Wild Life division g. Wild Life division-coastal fisheries
16. Supervising Inspector of Naval Stores
17. Board of Penal Administration
18. Prison and Parole Commission
19. Department of Public Health
20 Department of Public Health-Tuberculosis Sanitorium
21. Department of Public Safety
22. Public Service Commission
23. Secretary of State a. Constitutional Office b. Archives and history division c. Securities division d. Building & Loan Association division e. Examining Board's division
24. State Treasury a. State Treasurer's Office b. Supreme Court c. Court of Appeals d. Superior Courts e. General Assembly
25. Veterans' Service Office
26. University System of Georgia a. Regents office b. Georgia Normal & Agricultural College-Albany c. Georgia Southwestern College--Americus d. University of Georgia-Athens e. University of Georgia Athletic Association

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JOURNAL OF THE HOUSE,

f. Division of Agricultural Extension-Athens g. Evening School and Junior College-Atlanta h. General extension-Atlanta 1. School of Technology-Atlanta j. Tech Athletic Association-Atlanta k. University School of Medicine-Augusta l. West Georgia College-Carrollton m. Middle Georgia College-Cochran n. North Georgia College-Dahlonega o. South Georgia College-Douglas p. Georgia Experiment Station-Experiment q. State Teachers and Agricultural College-Forsyth r. Georgia State College for Women-Milledgeville s. Georgia State College-Savannah t. South Georgia Teachers College-Statesboro u. Abraham-Baldwin Agricultural College-Tifton v. Coastal Plain Experiment Station-Tifton w. Georgia State Woman's College-Valdosta
We reiterate that we are of the opinion that a study of the departments above listed will result in great annual savings to the State if the results of the study are placed into law. It is the intention of your Committee to continue its study so long as the House permits it to continue.
SYNOPSIS OF RECOMMENDATIONS TO DATE:
1. Occupational tax on insurance agents transferred to insurance companies and a reduction of the number of insurance investigations, a savings of $10,260.00. See House Bills 387 and 388.
2. Abolition of tag inspectors and transfer of their duties to the Highway Patrol; and one license tag instead of two; and the transfer of the duties of weight inspectors. Savings as to tags, $30,000.00, and as to inspectors, $88,477.69; total savings of $118,477.69. No bill, as far as we can ascertain, has been introduced to carry out this tag recommendation; as to tag inspectors' dismissal, see letter of W. L. Miller, attached as Exhibit 1.
3. Merger of Rural Post Roads Division as to administration, with the administration of the State Highway Department. Savings, $160,122.00 per year. See House Bill 690, which has had its second reading.
4. That legislation be immediately passed limiting the number of full time employees in the tag division of the Revenue Department, and limiting the number of "rush season" employees. Modest estimate of saving, $15,000.00 per year. See lfnuse Bill 283, which has had its second reading.

MONDAY, MARCH 6, 1939

1049

5. That legislation be adopted limiting the number of general inspectors in the Revenue Department to thirty-two, whose duties would be to inspect and enforce the cigar, cigarette, beer, wine, and regulatory features of the gasoline law. Annual savings, $14,945.00. See House Bill 292.
6. That the classification for passengers cars be limited to two classifications, which would materially increase the revenue from the sale of tags and reduce the expense to the tag department in having to handle only two classifications whereas it now handles ninety-six classifications; and that also that other vehicles other than passenger motor vehicles and trailers be licensed according to actual weight when equipped for service and not on the basis of what is known as "factory weight." Estimated increase in revenue, by Revenue Commissioner Head, $500,000.00 annually. No bill, as far as we know, has been introduced carrying out this recommendation.
7. That regulation be passed requiring each department head to designate one day out of each month for the purpose of giving attention to written applications for jobs and interviewing applicants. No bill has been introduced as to this recommendation.
8. Maintenance of the Capitol Building and grounds, abolition of certain jobs and combining others. Annual saving estimated at $7,460.00 per year, and hereto attached and marked Exhibit A is a letter from Charles N. Elliott, Director of the Division of State Parks, dated March 3, 1939, setting out what part of the recommendation has been put into. effect, showing an annual saving to the State of $6,219.20. Attention is called to the letter as to the reasons why the savings is $6,219.20 rather than $7,460.00. By Executive order the transfer of supervision of the Capitol Building and grounds has been made to the Division of State Parks. In this connection we wish to observe:
(a) That the position of Custodian of the Capitol is created by Legislative Act and is now a statutory position at $2,500.00 a year. No bill has been introduced abolishing this position.
9. State Department of Education. Communications Nos. 10 and 16 dealt with the abolition of certain divisions, consolidation of work, temporary discontinuance of the library book matching fund until all teachers are paid in full, discontinuance of audio-visual education, discontinuance of further financing adult education from common school funds, and discontinuance of the five-year census. These recommendations effected annual savings of $288,971.35. We call attention to the fact that these recommendations have been put into effect by unanimous action of the State Board of Education.
We made further recommendation as to the making of a survey of teachers in the State with a view to ascertaining how many useless teachers, teachers teaching subjects not in the curriculum, and unnecessary teachers, and persons drawing pay as teachers who are not teachers, who are on the payroll of the Department of Education. This survey has been in progress and is partially complete. Since our last report we have made still further studies of this subject matter and from the

1050

JOURNAL OF THE HOUSE,

evidence before us, we believe that a conservative estimate of the amount that can be saved as a result of this survey is $200,000.00 per year. This figure was arrived at in conference with Dr. Collins, Mr. Thompson and Mr. Altman of the Department of Education. The survey from which the above estimated figure is based, was made by a card to each teacher in Georgia, now in the possession of the Education Department of this State. See House Bill 568, which, if enacted, will possibly result in further savings, but which will not be reflected in reduced appropriations, as the savings would be effected by each county school system and would leave to the county money to apply in support of its system but not necessarily paying teachers.
The Education Department has further called to this Committee's attention House Bill 269, relevant to all schools in Georgia being supported from the State funds on a teacher allotment basis based on population groups. Officials of the Department of Education state that should this bill be adopted, it will save the sum of $250,000.00 each year.
10. That the Motor Fuel Law be amended to allow oil distributors one tenth of one per cent instead of one per cent as cost of collection and that there be separated from this item that all losses be proven. This would save $171,000.00 per year according to the estimate of Commissioner of Revenue Head. No bill has been introduced, as we understand it, carrying out this recommendation.
11. That the Department of Revenue Act, passed in 1937, be amended to give the Commissioner of Revenue the authority to audit the books of the collectors of any taxes for the State, so as to require a remittance of all monies collected that belong to the State. It is estimated by the Commissioner of Revenue that this will increase the monies collected by at least $200,000.00 per year. We further recommended an amendment to the Revenue Act allowing the Department of Revenue for administrative purposes 10% of any delinquent remittances that it catches and gets remitted into the State Treasury. We are advised that House Bili 450 deals with the subject matter of this recommendation but to what extent the bill carries out the recommendation, we are not advised.
12. As to the State Department of Public Welfare; that the economies adopted by the State Board of Public Welfare and transmitted to the House in communication No. 17 on February 21, 1939, be put into effect as of April 1, 1939. In addition to the economies effected by the action of the Board of Public Welfare, your Committee recommended that the four statistical consultants be discontinued, and that one assistant to the Director of the Division of Research and Statistics be added to handle the work of these four men, and would result in a saving of $11,000.00 annually. That the salary reductions included in the action of the Board, if possible, be put into effect March 1 instead of April 1. The action of the Board produces a saving in salaries of $96,900.00 and an estimated $15,000.00 in traveling expenses and per diem, and discontinuing the statistical consultants produces a savings of $11,000.00, making a total of $122,900.00. By reason of the transfer of funds for the construction of the new State Office Building, which amounted to $47,250.00 per year, your Committee recommends a total reduction in the appropriation for administrative cost in the Public Welfare Department of $170,150.00. However, we have

MONDAY, MARCH 6, 1939

1051

from Honorable Braswell Deen, Director of the State Department of Public Welfare, the following communication:

State Department of Public Welfare

Hurt Building

Atlanta

March 1, 1939.

Hon. Wilmer D. Lanier, Chairman, Committee on Economy and Efficiency, House Resolution No. 9, State Capitol, Atlanta, Ga.

Dear Mr. Lanier:

The Committee's report on the State Department of Public Welfare, dated February 23, 1939, communication No. 20, recommends a total reduction in the appropriation for administrative cost in the Public Welfare Department of $170,150.00 below the appropriation made for this purpose for the years 1937-1938. This recommended savings of $170,150.00 includes certain Federal funds and, therefore, cannot be construed as a total savings of State funds, in accordance with the attached statement reflecting Estimated Savings of Administrative State Funds, Action of State Welfare Board, and Recommendations of Economy Committee. The total recommended savings in State funds, as reflected in this statement, is $121,824.50.

It is our understanding the House of Representatives is using the amount of $170,150.00 as a reduction in arriving at the appropriation for the years ending June 30, 1940 and 1941, and we, therefore, request that you transmit a message to the House setting forth the corrected recommended savings from State funds of $121,824.50. Even this savings is, of course, contingent upon approval of the reductions by the Social Security Board and modifications will probably be necessary.

Your attention to this matter will be greatly appreciated by the writer.

With best regards, I am

Sincerely yours,

Braswell Deen, Director.

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JOURNAL OF THE HOUSE,

STATE DEPARTMENT OF PUBLIC WELFARE

Estimated Savings of Administrative State Funds Action of State Welfare Board
Recommendations of Economy Committee Action of State Board

Savings in salaries, action of State Board (Re-computed) __
Less: Federal participation in salaries: Child Welfare salaries--------------------------------------------------------$ 17,715.00 Crippled Children salaries..----------------------------------------------- 3,080.00

$ 86,780.00 20,795.00

Net savings of State funds in salaries_____________________________________ _
Less: Estimated loss of Federal Dependent Children administrative funds. Caused by reduction in costs_______ _

$ 65,985.00 6,598.50

Net savings to State, action of State Board____________________________

$ 59,386.50

Recommendations of Economy Committee

Additional savings, recommendations of Committee: Travel expense and per diem----------------------------------------------$ 15,000.00 Statistical Division -------------------------------------------------------------- 11,000.00 $ 26,000.00

Less: Federal participation:
Child Welfare Division Travel ExP----------------------------Estimated loss of Federal Dependent Children admin-
istrative funds. Caused by reduction in costs________

9,125.00 1,687.50

10,812.50

Net savings to State__________________________________________________________ -------------
Funds placed in State Building,
Based on 0 total amount paid over two years period___ _

$ 15,187.50 47,250.00

Net savings to State: Recommendations of Committee______________________________________

62,437.50

Total Recommended Savings to State_____________________________________ _

$121,824.50

The annual savings effected in the Department of Public Welfare, if the recommendation is followed amounts to $121,824.50, according to Honorable Braswell Deen's letter of March 1, 1939, which is the letter above quoted.

13. That as to the $11,000 now on deposit in a bank in Milledgeville, and approximately 186 bales of cotton which the State Board of Public Welfare now has in its possession, which was produced on the Colony Farm of the Milledgeville State Hospital, your Committee recommended that legislation be immediately passed enabling the Department of Public Welfare to use the $11,000 now on hand, which it received from pay patients, and the proceeds from the sale of the cotton and the

MONDAY, MARCH 6, 1939

1053

proceeds of all pay patients for the next two years, to assist in liquidating the pastdue indebtedness of the Milledgeville State Hospital. No bill has been introduced regarding this, as we understand it.
14. Your Committee further recommended that a comprehensive survey of the county welfare departments be made with a view to reducing administrative expenses and more efficiently administering the benefits of the Social Security Program to the recipients, but we have no advice as to whether or not the recommendation as to the county welfare departments is being followed. We are advised that the State Board'of Public Welfare and the Director of the Department of Public Welfare are now negotiating with representatives of the Social Security Board from Washington to secure their approval of the plan of operation adopted by the Board of Public Welfare and recommended by this Committee, with a view of effecting these economies not later than April I, 1939.

15. That an independent Purchasing Department be set up to be divorced from the Executive Department, and that the expenses of the Purchasing Department be prorated to the departments of the State for which it made purchases in the ratio of the expenses to the amount of purchases. We submitted a bill to carry out these recommendations, which is House Bill No. 621. Savings, $30,000.00 administrative cost per year, $500,000.00 on purchases, according to Honorable Zach Arnold, State Auditor, and Honorable John Lewis, State Purchasing Agents.

16. That as to all proposals for bids for material or equipment, they be accompanied by a letter and a form of proposal and an affidavit, all or which should be by amendment to House Bill No. 621; the affidavit requiring each bidder to set forth that the bidder has no interest in any other bid or proposal and that the bidder will not receive any commission or other emolument whatsoever either directly or indirectly from the sale of such material or equipment in the event some other person, firm, corporation or association be declared the low bidder or awarded the contract. This recommendation was made to prevent monopolistic, collusive or cooperative bidding, such as evidence before this Committee has disclosed existed in the past with reference to the purchase of certain material. The Committee is unable to give any accurate estimate as to the saving, but believes that it will run into several hundred thousand dollars by reason of creating the Purchasing Department.

Your Committee has not been able to function since last Thursday morning by

reason of the fact that the appropriation bill and the major revenue-raising bills

reached the floor of the House and through necessity, the members of this Com-

mittee have been forced to be on the floor of thr House to represent their respective

constituents, and it now appears that the Committee will not be able to resume its

activitis until about Wednesday o thi11 week, as it appears that these maior revenue

measures will likely be off the floor of the House by that time.

.

The above synopsis discloses the departments that we have made a study of and those we have not made a study of. It is our intention as long as this Committee is in session and has power to do so, to continue the study, and we believe great

1054

JOURNAL OF THE HOUSE,

economies in departments not yet studied, and probably other economies m the departments already studied, can be made.
Respectfully submitted,

Committee on Economy and Efficiency, House Resolution No. 9.

Attest: J. H. Duggan, Jr., Secretary.

Wilmer D. Lanier, Chairman. James V. Carmichael, Vice-Chairman.

Exhibit 1. State of Georgia State Highway Board of Georgia General Offices
Atlanta Feb. 18, 1939

W. L. Miller, Chairman Atlanta, Georgia
Jim L. Gillis, Member Soperton, Georgia
Herman H. Watson, l\llember Dallas, Georgia
F. P. Vanstory, Sec. and Treas. Atlanta, Georgia

E. A. Stanley, State Highway Engineer
W. R. Nee! Director of Post Roads Division
0. T. Ray Director Highway Planning Survey
W. Glenn Thomas, Chief Counsel

Dear Sir:

Because the information was given out from the Department that Tag Inspectors working with the Department through 1938 wouid be requested to return to work when the time limit for purchase of tags was out, 1 am writing you this letter as explanation of why you were not called back to work, as you have no doubt noted that the time limit was out on the 15th of February.
Through investigation by the Legislature it was developed that the law setting up the State Highway Patrol in 1937 provided that they have charge of all tag inspection and collection. I do not know how the misunderstanding came around, however, the Highway Department was instructed to employ the Tag Inspectors and pay the expense of same. Really there was no law authorizing same at the time it was done.

We do not know just at this time whether the Revenue Commissioner or the State Highway Patrol will handle the tag inspection work, however, would suggest that if you are interested in continuing in this work that you take the matter up with the State Reve:1Ue Department, and they will no doubt advise you of the set up.

MONDAY, MARCH 6, 1939

1055

I wish to take this opportunity as Chairman of the Highway Board to thank you for the service you have rendered for the past two years and with best wishes, I am

Sincerely yours,

WLM/m

W. L. Miller, Chairman.

Exhibit "A"

Department of Natural Resources

Division of State Parks

Office of State Parks Director

State of Georgia

421 State Capitol

Atlanta, Georgia

March 3, 1939.

Hon. Wilmer Lanier, House Economy Committee, House of Representatives, Atlanta, Georgia.

Dear Sir:

IN RE: Economy-Efficiency-House Resolution No. 9.
In reply to your inquiry asking me to outline the extent to which your recommendations to decrease the expense of the maintenance and operation of the Capitol Building and Grounds have been carried out, this is to advise that the following steps have been taken to effect the economy suggested by your Committee:

( 1) The jobs of Custodian at $2500 per year and S.1perintendent of Building and Grounds at $1800 per year have been combined into one job-that of Keeper of Building and Grounds at $1800 per year.

(2) The position of Keeper of the Dome at $1080 per year and Scrub Foreman at $780 per year have both been abolished.

(3) One of the Nightwatchmen was discharged, and the day Policeman relieved.

(4) A new day Policeman was employed to act as day Policeman and also as Keeper of the Information Desk.

(5) Uniforms were ordered for all members of the Capitol personnel who were to come in contact with the public.

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JOURNAL OF THE HOUSE,

After the above steps had been taken to follow the recommendations of the Committee, certain complications arose.
We found that we had only one responsible person on night duty. That person had either to be on the job from 4:00 o'clock in the afternoon, throughout the night and until 8:00 o'clock the next morning, or the building had to be unguarded and unprotected during at least eight hours of the night.
It was necessary, therefore, to shift the new day Policeman to night duty, and either hire a new day Policeman, who could act as policeman and as a disburser of information, or leave the information desk as it was.
In this connection, the Keeper of Grounds and Buildings was appointed as day Policeman, with police powers.
Further study showed that if the hostess was discharged, a matron would have to be employed as contact person for the women of the building and the visitors, and also to inspect the women's rest rooms for sanitation. Such a matron had been employed by the State in the past at $21.00 per week. The employee at the information desk was given both the job as information clerk and as matron.
The information desk is essential to the successful operation of the Capitol, inasmuch as it relieves surrounding offices from the burden of large numbers of information seekers and the Executive Offices from an excess number of telephone callers who are seeking information.
The information desk also contacts large numbers of school children and conducts them on tours through the Capitol Building. I am informed that the phone at the information desk rings constantly, and a large stream of persons file by the desk each day seeking information.
The weekly payroll before the recommendations by the House Economy Committee were carried out was as follows:
Lon Burton, Custodian ............................................................................$ 48.00 S. A. Pierce, Superintendent of Building and Grounds........................ 34.61 Mrs. Kathleen Hogan, Hostess ................................................................ 3-1-.61 W. C. Grimes, Electrician........................................................................ 25.00 Josie Browning, Nightwatchman ........................................................... 25.00 J. F. Studstill, Nightwatchman ................................................................ 25.00 A. R. Cooper, Daywatchman .................................. ........... ....................... 20.80 C. B. Knight, Elevator Operator ............................................................ 22.50 R. Q. Collins, Elevator Operator ............................................................ 22.50 Earl Barwick, Elevator Operator, extra .............................................. 15.00 E. C. Smith, Sexton, Marietta ................................................................ 20.00 C. C. Misterfelt, Capitol Yard ............................................... ................ 20.00 R. A. Duke, Keeper of Dome ................................................................ 20.80 D. C. Atkinson, Scrub Foreman................................................................ 15.00 J. J. Harden, Floor Sweeper ...................................... ........................... 10.00 Four Floor Sweepers ................................................................................ 40.00

MONDAY, MARCH 6, 1939

1057

Three Scrub Hands ---------------------------------------------------------------------------------Willie Johnson, Governor's Porter --------------------------------------------------Henderson Godwin, Mansion Yard -------------------------------------------------Ruth Martin, Maid ----------------------------------------------------------------------------------

30.00 15.00 10.00 6.00

$459.82

The payroll as recommended by the Economy Committee is as follows:

Superintendent of Building and Grounds --------------------------------------------$ 34.61 Day Policeman ---------------------------- 25.00 Night Policeman ........................................................................................ 25.00 Electrician .................................................................................................. 25.00 Elevator Operator .................................................................................... 22.50 Elevator Operator .................................................................................... 22.50 Elevator Operator-Extra ..................................................................... 15.00 Yardman for Capitol .................................... ........................................... 20.00 Eight Scrub Hands and Floor Sweepers ............................................ 80.00 Governor's Porter ...................................................................................... 15.00 Maid ............................................................................................................ 6.00

This payroll did not include the Sexton at Marietta at $20.00 per week and the Mansion Yardman at $10.00 per week. Also, if the position of hostess is discontinued, it will be necessary to employ a matron at $21.00 per week. This makes a total of $51.00 per week which it is necessary to add to the above payroll ............................................. ...................................................... ...

51.00

$341.61
The regular payroll for the week ending March 4 is as follows:
Lon Burton, Keeper of Building and Grounds ...................................$ 34.61 Mrs. Kathleen Hogan, Matron .............................................................. 34.61 S. A. Pierce, Nightwatchman ...................................................... ........... 25.00 W. C. Grimes, Electrician ........................................................................ 25.00 Clyde H. White, Nightwatchman ................................... ...................... 25.00 C. B. Knight, Elevator Operator .................... ....................................... 22.50 R. Q. Collins, Elevator Operator .......................................................... 22.50 C. C. Misterfelt, Capitol Yard ................. ............................................. 20.00 E. C. Smith, Sexton, Marietta ................................................................ 20.00 J. J. Harden, Floor Sweeper .................................................................. 10.00 Leonard Martin, Scrub Hand ................................................................ 10.00 Jim Garsite, Scrub Hand ........................................................................ 10.00 Robert Benton, Scrub Hand .................................................................... 10.00 James Hawkins, Scrub Hand .................................................................. 10.00 Buster Forbes, Scrub Hand .................................................................... 10.00 Clarence Gamble, Scrub Hand ................................................................ 10.00 Frank Robinson, Scrub Hand .................................................................. 10.00

1058

JOURNAL OF THE HOUSE,

Willie Johnson, Governor's Porter -------------------------------------------------------- 15.00 Henderson Godwin, Mansion Yard ----------------------- -------------------------------- 10.00 Ruth Martin, Maid ---------------------------------------------------------------------------------- 6.00
TOTAL ------------------------------------------------------------------------------------------------------$340.22
Extra help while the Le12:islature is in session, out of the $200.00 allotment for extra help is this week as follows:
Earl Barwick, Elevator Operator ------------------------------------------------------------$15.00 Robert Elmer, Electrical Helper -------------------------------------------------------------- 15.00
This shows that the regular weekly payroll before the recommendations of the Economy Committee were carried out was $459.82; the payroll as recommended by the Economy Committee was $341.61; and the payroll under the present set-up is $340.22, thus effecting a saving to the State of Georgia of $6,219.20 per year, and a saving of $72.28 per year more than was recommended by your Committee.
Respectfully submitted,
CHARLES N. ELLIOTT, Director.
Further consideration of the Committee Substitute to House Bill No. 435, was resumed:
On the amendments to Section 22, the mam question was ordered:
The following amendment to Section 22, was read and adopted:
Mr. Williams of Bacon moves to amend Section 22 of the Committee Substitute for House Bill No. 435 by striking the Section in its entirety, and substituting in lieu thereof the following:
Section 22-USE OF NET PROCEEDS FROM THE COLLECTION OF TAXES UNDER THIS ACT.
Be it further enacted by the authority aforesaid, that the net proceeds of the revenue derived from the taxes herein levied be and the same are hereby allocated and appropriated as follows:
One-third ( 1/3) of the net proceeds of this tax for each fiscal year is hereby set aside in a special fund in the State Treasury to the credit of the State Board of Education to be used by said Board for the sole purpose of paying any appropriation for the fiscal year made by the General Assembly of Georgia for salaries of teachers employed by the State in the Public School System where funds are not otherwise available to pay in full such appropriation, provided that no part of such fund shall be used except to pay in full the unpaid appropriation made by law for this purpose for each fiscal year.
One-third (lj3) of the net proceeds of this tax for each fiscal year is hereby set aside in special funds in the State Treasury each in the same proportion as each
of the fixed sum appropriations made for paying old age pensions, for aid to the

MONDAY, MARCH 6, 1939

1059

blind, for the benefit of dependent children, for the State institutions under control of the Public Welfare Department, and for the Tubercular Sanatorium at Alto bears to the total fixed sum appropriations each fiscal year for these purposes. The funds thus set aside in the State Treasury for these purposes shall be used for the sole purpose of paying any appropriation for the fiscal year made by the General Assembly of Georgia for these purposes where funds are not otherwise available to pay in full such appropriations, provided that no part of the funds shall be used except to pay the unpaid appropriations for these purposes made by law for each fiscal year.
One-third ( 1/3) of the net proceeds of this tax is hereby allocated and appropriated to each of the several counties of the State to be distributed monthly to the fiscal authority of each county in the same manner as the present gasoline tax is now distributed, on the basis of the State aid road mileage as certified by the State Highway Department of Georgia, and from such sum allocated and appropriated to each county of the State the fiscal authority of each county shall retain two-thirds (2/3) of the amount received to be used for the purpose of maintaining the State Superior Court in the county and the remaining one-third ( 113) of the amount received shall be paid to the County Board of Education of the county to be used for school purposes.
Provided further, that should the amount of funds set up each fiscal year for the items of this Section be in excess of the amount needed to pay the appropriations for each fiscal year in full for the items named, the State Treasurer is hereby authorized and directed to pay into the State General Fund the amount of the funds that are in excess of the full appropriations made by law for each fiscal year.
Provided, however, the provisions for the distribution and use of the net proceeds of the tax derived under this Act, as set out in this Section, shall not become effective until after:
First, $500,000.00 of the first net proceeds of this tax shall be set aside in a special fund in the State Treasury to the credit of the State Department of Public Welfare to be used for the sole purpose of paying any fixed sum appropriation for the fiscal year ending June 30, 1939 made by the General Assembly for the benefit of Milledgeville State Hospital where funds are not otherwise available to pay in full such appropriation, with the direction that the funds thus appropriated shall be used in liquidating the outstanding obligations of said institution.
Second, That from the first net proceeds of this tax there shall be set aside and appropriated in a special fund in the State Treasury to the credit of the State Board of Education an amount sufficient to pay in full the teachers' salaries for the year ending June 30, 1939, where funds are not otherwise available to pay in full such teachers' salaries as are now in force and effect. The funds thus provided shall be used solely for the purpose of paying teachers' salaries due for the year ending June 30, 1939, and immediately upon sufficient funds being set aside for this purpose the distribution of the net proceeds of this tax as provided in this Section shall be in force and effect.
Section 22, as amended, was adopted.

1060

JOURNAL OF THE HOUSE,

Mr. Atkinson of Chatham moved that the House recess until 7:00 o'clock, tonight.

Mr. Evans of McDuffie moved that the House do now adjourn until 9:00 o'clock tomorrow morning.

On the motion to adjourn, Mr. Lovett of Laurens moved the ayes and nays, and the call was sustained.

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

Those voting in the affirmative were Messrs.:

Aiken Allen Allison of Gwinnett Allison of White Almand Ansley Barlow Barrett Beck Binion Blackshear Blease Bush Bynum Campbell Candler Chappell Clary Clements of Calhoun Clements of Wheeler Cobb Conner Cook Culpepper of Fayette Curry Davidson

Davis of Coweta DeFoor Drinkard Edwards of Lowndes Edwards of Taylor English Etheridge of Baker Evans of Laurens Evans of McDuffie Ferguson of Camden Ferguson of Sumter Ford Farrester of Crisp Forrester of Dade Franklin of Bulloch Franklin of Polk Gaines Gavin Grant Guyton Harden Herndon Hill Hinson Joel Johnson

Those voting m the negative were :Messrs.:

Atkinson Bell Bennett of Ware Bloodworth Boyd of Cook Hoyd of Greene Branch Bray

Brooks of Jackson Brooks of Oglethorpe Carmichael of Butts Carmichael of Cobb Carrington Cheney Clark Claxton

Kaigler Looper Lovett Maxwell McBride McDaniel Middleton Mills Moss Parham Parker Pierce Purdy Ragan Sabados Sams Sanders Sapp Smith of Schley Sumner Terrell Thigpen of Glascock Thornton Warren
Coogler Corbett Culpepper of Mitchell Daughtry Dean Dockery Drake Easley

MONDAY, MARCH 6, 1939

1061

Ennis, J. H. Ennis, Marion Etheridge of Fulton Etheridge of Houston Foster Fowler of Treutlen Gill Goddard Gowen Graham Grayson Greene Grice Griffin Gross of Washington Harrison of Crawford Harrison of Jenkins Harvey Hatchett Hayes Holtzendorff Jackson

Jones of Brantley Jones of Richmond Kendrick Kennedy Key Kimbrough Lanier Lewis Mankin Marshall Mason McCracken McGraw McNall Merritt Miller Moore of Lumpkin Moore of Taliaferro Pannell Pharr Pilcher Preston

Reid Roughton Sartain Saunders Scott Smith of Henry Stiles Strickland of Haralson Strickland of Pierce Swindle Thigpen of Evans Tipton Trippe Vickery Wells Whipple Whitaker Wiggins Williams of Bacon Wohlwender Yawn

Those not voting were Messrs.:

Bennett of Clarke Bruce Carter Clements of Marion Connell Dallis Davis of Floyd Dickerson Douglass Elliott Flanders Fowler of Douglas Goolsby

Gross of Stephens Hardman Henderson Howard Jones of Paulding Kelley King Lanham Morgan Mosely Rawlins Rees Rogers

Rossee Rountree Simmons Smiley Summerour Tate Tippins Tomlinson Turner Wages Williams of Ware Wright Yeomans

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

On the motion to adjourn until 9 :00 o'clock tomorrow, the ayes were 76, the nays 89.

The motion to adjourn was lost.

On the motion to recess until 7:00 o'clock tonight, Mr. Forrester of Crisp moved the ayes and nays, and the motion was lost.

1062

JOURNAL OF THE HOUSE,

On the motion to recess until 7:00 o'clock tonight, the ayes were 75, the nays 61, and the motion prevailed.
The Speaker announced the House recessed until 7:00 o'clock tonight.
7:00 o'cock, P. M.
The Speaker called the House to order.
Further consideration of the Committee Substitute to House Bill No. 435, was resumed :
Section 23. CONSTITUTIONALITY. Be it further enacted by the authority aforesaid, that if any section, subsection, sentence, clause or phrase of this Act be held invalid, such decision shall not affect the validity of the remaining portions of said Act. The General Assembly hereby declares that it would have passed this Act, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases may be so declared invalid.
The following amendment to Section 23, was read:
Messrs. Sams and Candler of DeKalb move to amend Committee Substitute to House Bill No. 435, as follows:
By adding immediately after Section 22 and to be known as Section 23 the following:
"Section 23. On and after the passage of this Act the levy of taxes on property for any one year by the State of Georgia or Governor and Comptroller-General, except to provide for repelling invasion, suppressing insurrection, or defending the State in time of War, shall not exceed one mill on each dollar of the value of the property taxable in this State."
And change the numbers of the succeeding sections accordingly.
On the adoption of the amendment, Mr. Corbett of Atkinson moved the previous question, the motion prevailed, and the main question ordered.
On the adoption of the amendment, the ayes were 21, the nays 81.
The amendment was lost.
Mrs. Mankin and Mr. Etheridge of Fulton requested that the Journal show that they voted aye on the adoption of the amendment.
Mr. DeFoor of Mcintosh requested that the Journal show that he voted aye on the adoption of the amendment.
Section 23, was adopted.
The following amendment to the Committee Substitute to House Bill No. 435, was read:

MONDAY, MARCH 6, 1939

1063

Messrs. Evans of McDuffie, Rawlins of Telfair, Carmichael of Cobb, Drinkard of Lincoln and Parker of Colquitt move to amend Committee Substitute to House Bill No. 435, by adding therein, immediately before the repealing clause, to be appropriately numbered, a new section to read as follows:
Section - . Be it further enacted that none of the provisions of this Act shall take effect until the question of its adoption is submitted to a popular vote of the people of the State of Georgia, and a majority of those voting shall vote in favor of
its adoption. Said election shall be held within l 5 days after approval of said Act
by the Governor, throughout the entire State, under the rules governing general elections. Those citizens shall be allowed to vote who are duly qualified voters on the registration list in the various counties, and the expenses of said election shall be paid by the State of Georgia. Within five days from the holding of said election, all returns shall be forwarded to the Secretary of State, and he shall certify to the Governor the result of said election, and the Governor shall thereupon within two days issue his proclamation. In the event that a majority of those who cast their ballots in said election shall vote against the adoption of this Act, it shall not become operative; and if a majority of those who vote in said election shall vote in favor of the adoption of said Act, it shall then become operative. The ballots shall have printed thereon the words FOR SALES TAX and the words AGAINST SALES TAX, and the voter shall leave on said ballot the words indicating the way in which he wishes to vote, and shall mark through or erase the other words.
It is the purpose and intent of this amendment not to inflict any sales tax on the people of Georgia without permitting them first to express their approval or disapproval of said Act, and then not to impose said sales tax if a majority of those voting disapprove said sales tax.
On the adoption of the amendment, Mr. Parker of Colquitt moved the previous question, the motion prevailed, and the main question ordered.
On the adoption of the amendment, Mr. Lovett of Laurens moved the ayes and nays, and the call was sustained.
The roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Allison of Gwinnett Allison of White Atkinson Barlow Barrett Beck Bell Binion Blease Bloodworth Boyd of Cook

Boyd of Greene Brooks of Oglethorpe Bruce Bynum Campbell Carmichael of Butts Carmichael of Cobb Carrington Carter Chappell Cheney

Cobb Cook Culpepper of Fayette Culpepper of Mitchell Curry Davis of Coweta DeFoor Drinkard Easley Edwards of Lowndes Edwards of Taylor

1064

JOURNAL OF THE HOUSE,

Elliott Etheridge of Fulton Evans of Laurens Evans of McDuffie Ferguson of Sumter Ford Forrester of Crisp Forrester of Dade Franklin of Bullock Franklin of Polk Gavin Gill Goddard Graham Grant Grayson Greene Guyton

Hill Hinson Holtzendorff
Joel Jones of Brantley Jones of Paulding Jones of Richmond Kendrick Kimbrough Looper Lovett Marshall Mason Maxwell McBride McNall Merritt Middleton

Those voting in the negative were Messrs.:

Aiken Bennett of Ware Blackshear Branch Clark Claxton Clements of Calhoun Corbett Daughtry Davis of Floyd Dockery

Fowler of Treutlen Grice Griffin Gross of Washington Harvey Hayes Henderson Herndon Jackson Key Lanham

Drake

Lanier

Ennis, Marion Etheridge of Houston

Lewis Mankin

Foster

McGraw

Those not voting were 1\ilessrs.:

Allen Almand Ansley Bennett of Clarke Bray Brooks of Jackson Bush Candler Clary Clements of Marion Clements of Wheeler

Connell Conner Coogler Dallis Davidson Dean Dickerson Douglass English Ennis, J. H. Etheridge of Baker

Mills Mosely Parham Parker Pilcher Preston Reid Roughton Sartain Strickland of Haralson Sumner Thigpen of Evans Tipton Warren Wells Williams of Bacon Wohlwcnder
Moore of Taliaferro Pharr Rogers Smith of Henry Stiles Strickland of Pierce Swindle Thigpen of Glascock Vickery Whipple Whitaker Wiggins Yawn
Ferguson of Camden Flanders Fowler of Douglas Gaines Goolsby Gowen Gross of Stephens Harden Hardman Harrison of Crawford Harrison of Jenkins

MONDAY, MARCH 6, 1939

1065

Hatchett Howard Johnson Kaigler Kelley King l\1cCracken McDaniel Miller Moore of Lumpkin Morgan Moss Pannell Pierce

Purdy Ragan Rawlins Rees Rossee Rountree Sabados Sams Sanders Sapp Saunders Scott Simmons Smiley

Smith of Schley Summerour Tate Terreli Thornton Tippins Tomlinson Trippe Turner Wages Williams of Ware Wright Yeomans

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

On adoption of the amendment, the ayes were 87, the nays 43.

The amendment was adopted.
The following amendments to the Committee Substitute to House Bill No. 435, were read and adopted:
Mrs. Mankin of Fulton moves to amend Committee Substitute to House Bill No. 435 by adding a new section, same to be appropriately numbered and to read as follows:
"Nothing in this Act shall be construed as to place a tax on Bibles, religious text books or religious periodicals."
Mr. Hatchett of Meriwether moves to amend caption of Committee Substitute for House Bill No. 435, by adding after the words "to make an allocation" appearing in the eighteenth line of said caption the words "and an appropriation" so that this part of the caption will rea.d as follows:
"to make an allocation and an appropriation to the Department of Revenue for the administration of this Act."
Mr. Hatchett of Meriwether moves to amend caption of Committee Substitute for House Bill No. 435, by striking the words "distribution thereof" in the ninth line of said caption and inserting in lieu thereof the following words:
"allocation and appropriation thereof."
Messrs. Drinkard of Lincoln, Forrester of Crisp and Evans of McDuffie move to amend the caption of the Committee Substitute for House Bill No. 435, by inserting in said caption all matters added to said Committee Substitute by amendments.
Section 24. REPEALING CLAUSE. 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.

1066

JOURNAL OF THE HOUSE,

Section 24, was adopted.
The following substitute offered on the floor of the House by Messrs. Allison of Gwinnett, Lovett of Laurens, Conner of Dooley, Gaines of Franklin, Williams of Bacon, Warren of Forsyth, Tippens of Wilcox and Thigpen of Evans, was taken up for consideration, section by section and item by item, and read:
A BILL
To be entitled an Act to be known as the "Luxury or Non-essentials Tax Act," to define luxuries or non-essentials as those commodities and services hereinafter enumerated, the use of which is a luxury and is non-essential as a necessity for life, and to provide for the levy and collection of a tax on the sale and use of luxuries and to provide for the levy and collection of a tax on non-essentials hereinafter enumerated and defined; to provide for the method of collecting the tax levied under this Act; to provide against evasion of the taxes herein imposed; to provide for rules and regulations for the enforcement of the provisions of this Act and for the collection of the taxes levied thereby; to provide for penalties and for seizure, forfeiture and the sale of contraband goods or articles held, owned or possessed in violation of this Act, and for the filing, trial and settlement respecting the same; to allocate the revenue collected from this Act; and for other purposes.
Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of same.
Section 1.
That luxuries or non-essentials taxed by this Act are hereby defined as follows:
LUXURIES:
(a) Bottled Drinks. The words "bottled drinks" for the purpose of this Act shall be defined and includes any and all beverages, either carbonated or not, such as soda water, Nu-grape, Coca-Cola, Lime Cola, Pepsi-Cola, Dr. Pepper, Ne-hi, Royal Crown Cola, Double Cola, bottled carbonated water, ginger ales, or any and all bottled preparation commonly referred to as soft drinks of whatsoever kind and description. Soft drinks are further defined to incl~de any and all beverages commonly referred to as soft drinks which are manufactured without the use of any syrup. Provided that the provisions of this Act shall not apply to unadulterated vegetable or fruit juices in original state, or to raw milk, unmixed and in its original state.
(b) Syrup or syrups. The words "syrup or syrups" shall be defined for the purpose of this Act as being the compound mixture or basis ingredients used in the making, mixing or compounding of soft drinks at soda fountains by mixing the same with carbonated or plain water, ice, fruit, milk or any other products suitable to make vendable soft drinks, among such syrups being Coca-Cola syrup, cherocola syrup, lemon syrup, vanilla syrup, cherry smash syrup, nu-grape syrup, Dr. Pepper syrup, royal crown cola syrup, and all prepared syrups sold or used whether or not similar to those enumerated herein, manufactured or sold for the purpose of making soft drinks at soda fountains.

MONDAY, MARCH 6, 1939

1067

Mr. Campbell of Newton moved that the House do now adjourn until 9:00 o'clock tomorrow morning.
On the motion to adjourn, the ayes were 15, the nays 91.
The motion to adjourn was lost.
Mr. Campbell of Newton moved that the House do now adjourn until 9:00 o'clock tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until tomorrow morning at 9:00 o'clock, and House Bill No. 435 went over until that time under the order of unfinished business.

1068

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Ga.,

Tuesday, March 7th, 1939.

The House met pursuant to adjournment this day at 9:00 o'clock, A. M., was called to order by the Speaker and opened with prayer by the Chaplain.

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

Aiken Allen Allison of Gwinnett Allison of White Almand Ansley Atkinson Barlow Barrett Beck Bell Bennett of Clarke Bennett of Ware Binion Blackshear Blease Bloodworth Boyd of Cook Boyd of Greene Branch Bray Brooks of Jackson Brooks of Oglethorpe Bruce Bush Bynum Campbell Candler Carmichael of Butts Carmichael of Cobb Carrington Carter Chappell Cheney Clark Clary Claxton Clements of Calhoun Clements of Marion

Clements of Wheeler Cobb Connell Conner Coogler Cook Corbett Culpepper of Fayette Culpepper of Mitchell Curry Dallis Daughtry Davidson Davis of Coweta Davis of Floyd Dean DeFoor Dickerson Dockery Douglass Drake Drinkard Easley Edwards of Lowndes Edwards of Taylor Elliott English Ennis, J. H. Ennis, Marion Etheridge of Baker Etheridge of Fulton Etheridge of Houston Evans of Laurens Evans of McDuffie Ferguson of Camden Ferguson of Sumter Flanders Ford
Forrester of Crisp

Forrester of Dade Foster Fowler of Douglas Fowler of Treutlen Franklin of Bulloch Franklin of Polk Gaines Gavin Gill Goddard Goolsby Gowen Graham Grant Grayson Greene Grice Griffin Gross of Stephens Gross of Washington Guyton Harden Hardman Harrison of Crawford Harrison of Jenkins Harvey Hatchett Hayes Henderson Herndon Hill Hinson Holtzendorff Howard Jackson Joel Johnson Jones of Brantley Jones of Paulding

TUESDAY, MARCH 7, 1939

1069

Jones of Richmond Kaigler Kelley Kendrick Kennedy Key Kimbrough King Lanham Lanier Lewis Looper Lovett Mankin Marshall Mason Maxwell McBride McCracken McDaniel McGraw McNall Merritt Middleton Miller Mills Moore of Lumpkin Moore of Taliaferro Morgan Mosely

Moss Pannell Parham Parker Pharr Pierce Pilcher Preston Purdy Ragan Rawlins Rees Reid Rogers Rossee Roughton Rountree Sahados Sams Sanders Sapp Sartain Saunders Scott Simmons Smiley Smith of Henry Smith of Schley Stiles Strickland of Haralson

Strickland of Pierce Summerour Sumner Swindle Tate Terrell Thigpen of Evans Thigpen of Glascock Thornton Tippins Tipton Tomlinson Trippe Turner Vickery Wages Warren Wells Whipple Whitaker Wiggins Williams of Bacon Williams of Ware Wohlwender Wright Yawn Yeomans Mr. Speaker

Mr. Gross of Stephens, 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 period of unanimous consents:

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

2. Report of Standing Committees.

3. Second reading of bills and resolutions, favorably reported.

4. Third reading and passage of local uncontested bills and resolutions of the House and Senate.

5. First reading and reference of Senate bills and resolutions.

1070

JOURNAL OF THE HOUSE,

By unanimous consent, the following bills and resolution of the House were introduced, read the first time and referred to the Committees:
By Mr. Grayson of Chatham-
House Bill No. 749. A bill to be entitled an Act fixing and prescribing the maximum interest rate to be charged by persons, firms, corporations, or associations engaged in the business of lending money on assignments of earned or unearned wages; and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Mr. Barrett of Cherokee-
Housl! Bill No. 750. A bill to be entitled an Act to re-incorporate the Town of Woodstock; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Gross of Stephens-
House Bill No. 751. A bill to be entitled an Act to prohibit employees and
officials of the State from purchasing through the Supervisor of Purchases any article, material, merchandise, ware, commodity or other thing of value for the personal ownership of himself or others; and for other purposes.
Referred to Committee on Ways and Means.
By Mr. Carmichael of Cobb-
House Bill No. 752. A bill to be entitled an Act to amend an Act entitled "An Act to amend Chapter 40-19 of the 1933 Code, known as the charter creating the Supervisor of Purchases within the Executive Department, etc.", so as to provide a proper letter, proposal and affidavit, etc; and for other purposes.
Referred to Committee on Ways and Means.
By Messrs. Bell of Grady, Scott and Tipton of Thomas-
House Bill No. 753. A bill to be entitled an Act to amend the Income Tax Amendments, Extraordinary Session, 1937-1938, by providing that Section 1 shall not apply to bona fide residents of other states who are visitors in Georgia and who are not engaged in any trade or occupation; and for other purposes.
Referred to Committee on Ways and Means.
By Mr. Sapp of Coffee-
House Bill No. 754. A bill to be entitled an Act to provide for holding four
terms a year of the Superior Court of Coffee County; and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Sapp of Coffee-

TUESDAY, MARCH 7, 1939

1071

House Bill No. 755. A bill to be entitled an Act to repeal an Act entitled "An Act to establish the City Court of Douglas, in the City of Douglas, Coffee County, Georgia"; and for other purposes.
Referred to Committee on Special Judiciary.
By Messrs. Allison and Pharr of Gwinnett-
House Bill No. 756. A bill to be entitled an Act to amend an Act entitled "An Act to create a Board of County Commissioners for Gwinnett County and to prescribe and define the powers and duties thereof"; and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Atkinson, Grayson and MeNall of Chatham-
House Bill No. 757. A bill to be entitled an Act to amend the several Acts incorporating and relating to the Mayor and Aldermen of the City of Savannah; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Moss of Gordon-
House Bill No. 758. A bill to be entitled an Act to incorporate the Town of Oakman in the County of Gordon; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Allison of GwinnettHouse Bill No. 759. A bill to be entitled an Act to appropriate certain sums
of money for certain times to the State Veterinarian for the purpose of making indemnity payments to the owners of cattle reacting to the blood agglutination test for Bang's disease in Georgia; and for other purposes.
Referred to Committee on Special Appropriations.
By Messrs. Marion Ennis and J. H. Ennis of Baldwin, and Lanham and Davis of Floyd-
House Bill No. 760. A bill to be entitled an Act to appropriate $483,991.08 to the State Department of Public Welfare for certain uses; and for other purposes.
Referred to Committee on Special Appropriations.
By Mr. Key of JasperHouse Bill No. 761. A bill to be entitled an Act to appropriate money for the
maintenance of the Legislative Department; and for other purposes.
Referred to Committee on Special Appropriations.
By Mr. Edwards of LowndesHouse Bill No. 762. A bill to be entitled an Act to provide tax on transfers

1072

JOURNAL OF THE HOUSE,

of stock and other corporate certificates; to provide amount of the tax; and for other purposes.
Referred to Committee on State of Republic.
By Mr. Brooks of Oglethorpe-
House Bill No. 763. A bill to be entitled an Act to amend an Act entitled "Homestead Exemption From Taxes" by repealing Section 7 and enacting a new section in lieu thereof; and for other purposes.
Referred to Committee on Judiciary No. 2.
By Messrs. Rogers, Lanham and Davis of Floyd-
House Bill No. 764. A bill to be entitled an Act to amend the Charter of the City of Rome; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Grayson of Chatham-
House Bill No. 765. A bill to be entitled an Act relating to the learning of the occupation of a barber or hairdresser; and for other purposes.
Referred to Committee on Hygiene and Sanitation.
By Messrs. Candler, Sams and Turner of DeKalb-
House Bill No. 766. A bill to be entitled an Act to provide for retirement of teachers and other employees in county school systems in counties of a certain population; and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Candler, Sams and Turner of DeKalb-
House Bill No. 767. A bill to be entitled an Act to provide for Civil Service of the teachers and other employees of the county school systems in counties of a certain population; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Herndon of Hart-
House Resolution No. 173-759 A. A resolution authorizing and directing the State Librarian to furnish to the Ordinary of Hart County certain volumes of the Georgia Supreme Court Reports; and for other purposes.
Referred to Committee on Public Library.
By Messrs. Yeomans of Wayne and Forrester of Dade-
House Resolution No. 174-765 A. A resolution providing for the manner and funds from which the teachers' salaries shall be paid; and for other purposes.

TUESDAY, MARCH 7, 1939

1073

Referred to Committee on Education No. 1.
Mr. Campbell of Newton 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 resolutions 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. 133-497 B. Do pass.
House Resolution No. 47-186 C. Do pass as amended.
Senate Bill No. 66. Do pass by substitute.
Respectfully submitted, Campbell of Newton, Chairman.

Mr. Carmichael of Cobb 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 Senate and have instructed me, as Chairman, to report the same back to the House with the following recommendations:
Senate Bill No. 151. Do pass.
Senate Bill No. 177. Do pass.
House Bill No. 720. Do pass.
Respectfully submitted,
Carmichael of Cobb, Chairman.
Mr. Scott of Thomas County, Chairman of the Committee on Counties and County Matters, submitted the following report:
Mr. Speaker:
Your Committee on Counties and County 1\tlatters, 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. 344. Do pass as amended.
House Bill No. 638. Do pass.
House Bill No. 712. Do pass.

1074

JOURNAL OF THE HOUSE,

House Bill No. SOl. Do pass as amended. House Bill No. 728. Do pass. House Bill No. 734. Do pass. House Bill No. 739. Do pass. Senate Bill No. 170. Do pass.
Respectfully submitted, Scott 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 engrossed and
ready for transmission to the Senate, the following bills of the House, to-wit:
House Bills Nos. 695, 701, 702, 703.
Respectfully submitted,
Sartain of Walker, Chairman.
Mr. Ansley of Lee 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 bill of the House, to-wit:

House Bill No. 235.

Respectfully submitted,

Ansley of Lee, Chairman.

Mr. Williams of Bacon County, Chairman of the Committee on Game and Fish, submitted the following report:

Mr. Speaker:
Your Committee on Game and Fish have had under consideration the following bills of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:

House Bill No. 579. Do pass.

House Bill No. 611. Do pass.

Respectfully submitted,

Williams of Bacon, Chairman.

TUESDAY, MARCH 7, 1939

1075

Mr. MeNall of Chatham County, Vice-Chairman of the Committee on Game and Fish, submitted the following report: Mr. Speaker:
Your Committee on Game and Fish have had under consideration the following Bills of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
House Bill No. 745. Do pass.
House Bill No. 590. Do pass. Respectfully submitted, MeNall of Chatham, Vice-Chairman.
Mr. Atkinson of Chatham 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. 741. Do pass. House Bill No. 680. Do pass. House Bill No. 729. Do pass. House Bill No. 730. Do pass. House Bill No. 693. Do pass. Senate Bill No. 43. Do pass.
Respectfully submitted, Atkinson of Chatham, Chairman.
Mr. McGraw of Meriwether 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 Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:
House Bill No. 246. Do not pass. House Bill No. 27. Do not pass. Senate Bill No. 26. Do not pass.

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JOURNAL OF THE HOUSE,

House Bill No. 586. Do pass. House Bill No. 464. Do not pass. Senate Bill No. 67. Do pass, as amended. Senate Bill No. 53. Do pass, by substitute.
Respectfully submitted, McGraw of Meriwether, Chairman.
Mr. Sams of DeKalb 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. 716. Do pass. House Bill No. 717. Do pass. House Bill No. 718. Do pass. House Bill No. 719. Do pass. House Bill No. 721. Do pass. House Bill No. 737. Do pass. House Bill No. 733. Do pass. House Bill No. 743. Do pass. House Bill No. 744. Do pass. House Bill No. 748. Do pass. House Bill No. 654. Do pass. Senate Bill No. 149. Do pass. Senate Bill No. 171. Do pass. Senate Bill No. 173. Do pass.
Respectfully submitted, Sams of DeKalb, 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

TUESDAY, MARCH 7, 1939

1077

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. 401. Do pass.
House Bill No. 582. Do not pass.
Respectfully submitted,
Almand of Walton, Chairman.
Mr. Lovett of Laurens 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 Senate and have instructed me as Chairman, to report the same back to the House with the following recommendation:
Senate Bill No. 169. Do pass.
Respectfully submitted,
Lovett of Laurens, Chairman.
Mr. Wells of Burke 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
resolutions 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. 148-545 A. Do pass.
Senate Resolution No. 36. Do pass.
Respectfully submitted,
Wells of Burke, Chairman.
Mr. Hayes of Miller County, Chairman of the Committee on Special judiciary, submitted the following report:
Mr. Speaker: Your Committee on Special Judiciary have had under consideration the follow-
ing 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. 747. Do pass.
Respectfully submitted,
Hayes of Miller, Chairman.

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JOURNAL OF THE HOUSE,

Mr. Edwards of Lowndes County, Chairman of the Committee on State of Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of Republic have had under consideration the following bill 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. -154-604 A. Do pass.
Senate Bill No. 159. Do pass.
Respectfully submitted,
Edwards of Lowndes, Chairman.
By unanimous consent, the following bills and resolutions of the House and Senate, favorably reported, were read the second time:
By Mr. Stiles of Fannin-
House Bill No. 344. A bill to be entitled an Act to amend "An Act to create the office of Commissioner of Roads and Revenues of Fannin County, by striking
from line 2 of Section 5 thereof the figures $600.00 and inserting in lieu thereof the figures $840.00"; and for other purposes.
By Mr. Campbell of Newton-
House Bill No. 401. A bill to be entitled an Act to abolish the State Board of Penal Administration; to create a Director of Penal Administration; to provide for appointments, etc.; and for other purposes.
By Mr. Lovett of Laurens-
House Bill No. 501. A bill to be entitled an Act authorizing Board of Commissioners of Roads and Revenues of Laurens County to employ county attorney to fix his compensation; and for other purposes.
By Mr. Gill of Bryan-
House Bill No. 579. A bill to be entitled an Act to amend Section 45-601 of the Code of 1933 by adding a provision that shad shall be taken from the waters of the Ogeechee River only between sundown and sun-up during the open season; and for other purposes.
By Mr. Gross of Stephens-
House Bill No. 586. A bill to be entitled an Act to amend homestead exemptions Act to provide how applications, etc., shall be made where homestead claimed lies in more than one county; and is divided by county lines; and for other purposes.
By Messrs. Brooks of Oglethorpe, Herndon of Hart, Thornton of Elbert, Drinkard of Lincoln, Clary of Columbia, and others-

TUESDAY, MARCH 7, 1939

10i9

House Bill No. 590. A bill to be entitled an Act to legalize seining from ] uly 15 to September 1 of each year in certain counties of this State; and for other purposes.
By Mr. Stiles of Fannin-
House Bill No. 611. A bill to be entitled an Act to amend Georgia Laws 1937-38, page 817, to provide that fishing may be permitted in the ponds and lakes in Fannin County from April 15 to May 31, in any year; and for other purposes.
By Mr. Graham of Brooks-
House Bill No. 638. A bill to be entitled an Act to prohibit goats from running at large in counties of this State having a population of not less than 21,330 and not more than 21,390; and for other purposes.
By Mr. Etheridge of Fulton-
House Bill No. 654. A bill to be entitled an Act to amend charter of Atlanta to provide for a Department of Public Safety; and for other purposes.
By Messrs. Bennett and Williams of Ware and Scott of Thomas-
House Bill No. 680. A bill to be entitled an Act to amend an Act (Georgia Laws of 1937, pages 882 to 892, so as to provide that group one of the schools participating in the benefits provided in said Act shall consist of independent school systems in cities of more than 50,000 rather than 10,000; and for other purposes.
By Messrs. Bynum of Rabun, Carmichael of Cobb, Grice of Bibb, Gowen of Glynn, Ferguson of Camden, Atkinson of Chatham and Bell of Grady-
House Bill No. 693. A bill to be entitled an Act to bestow the name of Bleckley upon the mountain in Rabun County, now generally known as Screamer Mountain; and for other purposes.
By Mr. Jones of BrantleyHause Bill No. 712. A bill to be entitled an Act to amend G~orgia Laws 1931,
page 394, entitled an Act to abolish the offices of tax receiver and tax collector of Brantley County, and creating the office of county tax commissioner and fixing his compensation; and for other purposes.
By Messrs. Allison and Pharr of Gwinnett-
House Bill No. 716. A bill to be entitled an Act to repeal an Act entitled an Act to incorporate the Town of Lilburn in the County of Gwinnett; to provide for a mayor and councilmen and other officers; to prescribe their duties; to provide for the enacting of all necessary ordinances; to provide for penalties for violation of the same; and for other purposes.
By Mr. Jones of Paulding-
House Bill No. 717. A bill to be entitled an Act to create a new charter for the Town of Dallas; and for other purposes.

1080

JOURNAL OF THE HOUSE,

By Messrs. Sabados and Allen of Dougherty-
House Bill No. 718. A bill to be entitled an Act to provide and empower City of Albany to furnish aid and relief and pensions to all officers, agents and employees of the City of Albany; and for other purposes.
By Mr. Kennedy of Tattnall-
House Bill No. 719. A bill to be entitled an Act to amend the charter of the City of Glennville; and for other purposes.
By Mr. Kennedy of Tattnall-
House Bill No. 720. A bill to be entitled an Act to amend Article 7, Section 7, Paragraph 1, of the Constitution of Georgia so as to authorize the Reidsville School District to incur a bonded indebtedness in addition to that heretofore authorized; and for other purposes.
By Mr. Boyd of Greene-
House Bill No. 721. A bill to be entitled an Act to create a new charter for the City of Greensboro; and for other purposes.
By Mr. Evans of McDuffie-
Hause Bill No. 728. A bill to be entitled an Act to provide the manner in which justices of the peace and notaries shall be compensated in criminal cases m counties of certain population; and for other purposes.
By Messrs. Stiles of Fannin and Sartain of Walker-
House Bill No. 729. A bill to be entitled an Act to provide for the special taxation by the State and by the counties, school districts, municipalities and other political sub-divisions of the State, etc., of all corporations organized under the laws of the United States, engaged in the generation, sale or distribution of electricity; and for other purposes.
By Messrs. Stiles of Fannin and Sartain of Walker-
House Bill No. 730. A bill to be entitled an Act to provide for the ad valorem taxation of property owned in this State by corporations organized under the laws of the United States and by agencies of the United States engaged in proprietary as distinguished from governmental activities in this State; and for other purposes.
By Messrs. Allison and Pharr of Gwinnett-
House Bill No. 733. A bill to be entitled an Act to amend Georgia Laws, 1923, pages 775-780, changing the corporate limits of the Town of Snellville; and for other purposes.
By Mr. Rawlins of TelfairHause Bill No. 734. A bill to be entitled an Act to amend Georgia Laws,
1931, pages 566-574, so as to provide the amount of fees to be charged by the sheriff of Telfair County for dieting prisoners; and for other purposes.

TUESDAY, MARCH 7, 1939

1081

By Messrs. Allison and Pharr of Gwinnett-
House Bill No. 737. A bill to be entitled an Act to incorporate the Town of Sugar Hill in the County of Gwinnett and State of Georgia; and for other purposes.
By Mr. Ferguson of Camden-
House Bill No. 739. A bill to be entitled an Act granting to the Commissioners of Roads and Revenues of Camden County in the State of Georgia authority to regulate in said county along any or all roads which now has authority to adopt and enforce zoning ordinances therein, the heights, size and use of buildings and other structures; and for other purposes.
By Mr. Bray of Bartow-
House Bill No. 741. A bill to be entitled an Act to prohibit the use of metal seals, clips, wires or tags on containers of feed for live stock; and for other purposes. By Messrs. Harris, Lanier and Jones of Richmond-
House Bill No. 743. A bill to be entitled an Act to amend the charter of the City of Augusta so as to authorize the City Council of Augusta to make temporary loans and provide for their repayment; and for other purposes.
By Mr. Culpepper of Fayette-
House Bill No. 744. A bill to be entitled an Act to amend the Act incorporating the Town of Tyrone, Georgia; and for other purposes.
By Messrs. Campbell of Newton, Smith of Henry, Carmichael of Butts and Key of Jasper-
House Bill No. 745. A bill to be entitled an Act to authorize fishing with hooking lines at all times during the year in Jackson Lake, located in the counties of Newton, Jasper, Butts and Henry; and for other purposes.
By Messrs. Parker and Barlow of ColquittHouse Bill No. 747. A bill to be entitled an Act to amend an Act creating the
City Court of Colquitt County; and for other purposes.
By Messrs. Sams, Candler and Turner of DeKalbHouse Bill No. 748. A bill to be entitled an Act to amend the charter of the
City of Pine Lake, in DeKalb County; and for other purposes.
By Mr. Thigpen of GlascockHause Resolution No. 47-186 C. A resolution proposing an amendment to
Paragraph 2, Section 7, Article 6, of the Constitution to provide the Justice Courts shall have jurisdiction in trover cases, and to give them jurisdiction up to $300.00 in certain counties; and for other purposes.
By Mr. McCracken of Jefferson-
House Resolution No. 133-497 B. A resolution proposing an amendment to

1082

JOURNAL OF THE HOUSE,

Article 7, Section 2, Paragraph 2, of the Constitution, providing that the General Assembly may exempt from all taxation property of Electric Membership Corporations created under the Electric Membership Corporation Act; and for other purposes.
By Mr. Davis of Coweta-
House Resolution No. 148-545 A. A resolution directing the State Librarian to furnish certain volumes of Supreme Courts and Court of Appeals Reports to Coweta County; and for other purposes.
By Messrs. Grayson of Chatham and Culpepper of Fayette-
House Resolution No. 154-604 A. A resolution to extend time, duties and powers of Economy Committee, to provide for committee to be increased by three members of Senate; and for other purposes.
By Senator Manning of the 39th District-
Senate Bill No. 43. A bill to be entitled an Act to define and prohibit reckless driving; to restrict the speed limit; to require the filing of reports of accidents and to otherwise promote safety on the public streets and highways; and for other purposes.
By Senator Chastain of the 41st District-
Senate Bill No. 53. A bill to be entitled an Act to fix the responsibility of all persons, firms, corporations engaged in transporting pupils, teachers, or school officials to and from school; and for other purposes.
By Senator Millican of the 52nd District-
Senate Bill No. 66. A bill to be entitled an Act to amend Paragraph 2, of Section 6, of Article 7, of the Constitution of Georgia authorizing the General Assembly to enact laws to create a retirement and pension fund and system of retirement pay for .-:ounty employees of Fulton and Richmond Counties; and for other purposes.
By S,.nator Millican of the 52nd District-
Senate Bill No. 149. 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.
By Senator Warnell of the First District-
Senate Bill No. 151. 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 so as to authorize the City of Savannah to incur an additional bonded indebtedness for the purpose of securing and establishing an industrial and domestic water supply; and for other purposes.
By Senator Thrasher of the 27th District-

TUESDAY, MARCH 7, 1939

1083

Senate Bill No. 159. A bill to be entitled an Act to specify the qualifications of State employees; and for other purposes.
By Senators Nix of the 32nd, Manning of the 39th and Ingram of the 51st Districts-
Senate Bill No. 169. A bill to be entitled an Act to amend the Neill-Traylor Act authorizing the Highway Board to add to the State Aid System a certain road in Dawson County, Forsyth County, also a branch leading off this road by the way of Shiloah into Cherokee County; and for other purposes.
By Senator Millican of the 52nd District--
Senate Bill No. 170. A bill to be entitled an Act to provide for a budget in all counties in this State having a population of two hundred thousand or more by the United States Census of 1930, or by any future census; and for other purposes.
By Senator Holt of the 3rd District-
Senate Bill No. 171. A bill to be entitled an Act to authorize the City of Baxley to create a city authority by city ordinance; and for other purposes.
By Senator Millican of the 52nd District-
Senate Bill No. 173. A bill to be entitled an Act to amend an Act entitled "An Act to repeal an Act approved August 18, 1925, and to provide for a pension for members of the police department in cities having certain population;" and for other purposes.
By Senator Warnell of the lst District-
Senate Bill No. 177. A bill to be entitled <In Act to amend Article 7, Section 7, Paragraph 1, of the Constitution of the State of Georgia so as to authorize the City of Savannah to incur a bonded indebtedness in addition to that heretofore authorized; and for other purposes.
By Senator Howe of the 38th District-
Senate Resolution No. 36. A resolution authorizing the State Librarian to supply certain volumes of law reports to Haralson County; 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. Foster of TownsHouse Bill No. 704. A bill to be entitled an Act to require the Tax Collector
of Towns County to issue all tax receipts m numerical order; and for other purposes.
The report 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.

1084

JOURNAL OF THE HOUSE,

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 Cail of the 17th DistrictSenate Bill No. 146. A bill to be entitled an Act to amend Section 95-1715 of
the 1933 Code relating to condemnation of right of way by permitting condemnation of property for public roads to the width of 200 feet at the base and by permitting condemnation for barrow pits; and for other purposes.
Referred to Committee on Public Highways No. 1.
Under the order of unfinished business, the following bill of the House was again taken up for consideration:
By Messrs. Harvey of Upson and Trippe of PolkHouse Bill No. 435. A bill to be entitled an Act to raise revenue by levying
a tax for the benefit of dependent children, etc., to repeal certain tax laws; and for other purposes.
At the time of adjournment on Monday, the House had under consideration, the Substitute to House Bill No. 435 offered by Mr. Allison of Gwinnett, and others, and further consideration of Section 1 was resumed.
The Speaker asked unanimous consent that individual speeches be limited to fifteen minutes, and objection was heard.
Mr. Lovett of Laurens moved that individual speeches be limited to ten minutes.
Mr. Culpepper of Fayette moved individual speeches be limited to fifteen minutes, and the motion prevailed.
Section 1.
NON -ESSENTIALS:
(c) Theatres, opera houses, motion picture shows, vaudevilles, amusement parks, athletic contests (including wrestling and boxing), football games, tennis games, skating rinks, race tracks, golf courses, public dance halls, public bathing places, where an admission fee is charged and collected.
(d) The term "distributor" shall be defined for the purpose of this Act as including every person charged under this Act with the duty of paying tax or taxes herein imposed.
(e) The term "retailer" shall be defined for the purpose of this Act as one engaged as a merchant in selling personal property not intended for resale.
(f) The term "manufacturer" is defined for the purpose of this Act in the usual sense of a person who fabricates or compounds commodities in such way as to add to their value. It includes those who operate as bottlers.

TUESDAY, MARCH 7, 1939

1085

The following amendment to Section 1 was read and adopted:
Messrs. Boyd of Cook and Sabados of Dougherty move to amend Sub-section "C" of Section 1 of the Allison Substitute to House Bill No. 435 by adding in line five (5) of said Section "C", between the word "places" and the word "where" in
said line 5, the following:
"Sales, leases, licenses or rentals on patents, and/or copyrights, or any privileges, or rights thereunder."
The following amendment to Section 1 was read:
Mr. Carrington of Barrow moves to amend the Committee Substitute "Luxury Tax Act" by adding a new sub-section under Section 1 of said Act to be known as Sub-section (g) and to read as follows:
"Non-essentials shall also include all athletic and sporting goods, furs, and fur garments, diamonds, cosmetics and all jewelry. Provided, however, that the tax imposed on the articles named in this section shall be at the rate of three percent (3%) on the selling price."
On adoption of the amendment, Mr. Davis of Coweta moved the ayes and nays, and the motion was lost.
The amendment was lost.
Section 1, as amended, was adopted.
Section 2. There is hereby levied in addition to all other taxes of every kind now imposed by law which are not specifically repealed by this Act, upon every person, firm, corporation, club or association, within the State of Georgia, who sell and/or stores, and/or receives for the purpose of distribution to any person, firm, corporation, club or association within the State of Georgia, soft drinks, bottled carbonated or sparkling water and soft drink syrups and non-essentials as defined in this Act, the following tax, to-wit:
(a) Bottled drinks containing plain or carbonated water and including all bottled carbonated or sparkling water-twenty percent (20%) of the retail sale price thereof. Provided further that the tax herein levied shall not apply to any bottled drinks now taxed under the Malt Beverage Act.
(b) Syrup--Seventy-five cents (75c) per gallon, and a like proportionate rate on more or less than a gallon.
(c) Theaters, opera houses, motion picture shows, vaudevilles, amusement parks, athletic contests (including wrestling and boxing), football games, baseball games, basketball games, tennis games, skating rinks, race tracks, golf courses, public dance halls, public bathing places, where an admission fee is charged and collected, there is hereby levied a tax of twenty percent (20%) of the admission, or fee, charged and collected, which admission, or fee, shall be paid by the person purchasing such ticket or paying such admission, and the tax herein imposed shall be in addition to the fee, or admission charged and collected.

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Provided, however, that this tax shall not apply to those charges, fees or admissions to, whether for the purpose of participating in or witnessing, any of the above amusements, contests or games, where ~aid fees, charges or admissions are less than twenty cents (20c) each; and in the event any of such charges, fees or admissions are twenty cents (20c) or more, said tax is hereby imposed upon each such charge, fee and admission in its entirety; and provided further that this tax shall not apply to amusements, entertainments or games given or produced by grammar schools, high schools and churches or other civic organizations when such amusements or entertainments are produced entirely by local talent, and all the proceeds of which shall inure to the benefit of any such grammar schools, high schools, churches and civic organizations sponsoring any such entertainment or amusement; nor to student tickets to any such amusements or games as specified in this paragraph, but it shall apply to the charges and admissions to games, amusements and contests within the University System (other than student tickets) and the authorities of such institutions are hereby required to account for and pay to the State Revenue Commissioner the twenty percent (20%) tax herein levied and imposed.
The above amounts as levied for taxes hereunder shall be collected in the method as defined hereinafter.
Section 2, was adopted.
Section 3. Every person rece1vmg any payment for admissions taxable as nonessentials under this Act shall collect the amount of tax imposed by this Act from the person making such payments.
The taxes imposed hereunder shall be due and payable to the Commissioner of Revenue, State of Georgia, or a successor authority in weekly installments and remittance therefor shall be made on the last day of each week in which the taxes are collected or accrued.
The person receiving any payment for admissions on or before said last day of said week, shall make out a return upon such forms and setting forth such information as the Commissioner of Revenue may require showing the amount of tax upon admissions for which he is liable for the preceding weekly period, which report, or return, shall be verified on oath, and the same shall be transmitted to the Commissioner of Revenue without delay together with remittance for the tax due.
The Commissioner of Revenue shall have the right and may audit the records, books and accounts of such person as often as in the discretion of the Commissioner of Revenue may be necessary to insure the collection and payment of all tax levied and due, as herein set out.
Section 3, was adopted.
Section 4. Any person, or persons, firm or corporation evading any tax herein levied on non-essentials or attempting to evade any such tax by making any false statement or report or failing to file reports at the time required by this Act shall be subject to having assessed against him or it a penalty equal to 100% of the tax due; such penalty to be collected by the issuance of an execution against such per-

TUESDAY, MARCH 7, 1939

1087

son, firm or corporation and to be levied as other executions issued by the Commissioner of Revenue in the same manner as executions are levied for taxes due under the General Tax Act.
Section 4, was adopted.
Section 5. The administration of this Act is vested in the Commissioner of Revenue and any department succeeding the Commissioner of Revenue which may be established by law.
(a} The Commissioner of Revenue or its successors is hereby authorized to prescribe forms and promulgate rules and regulations needed for the enforcement of this Act.
(b) The Commissioner of Revenue or any representative appointed by him is hereby authorized to examine the books, records, papers, files, equipment and/or inventory, of any distributor or retailer pertaining to sales, and/or receipts madt> taxable by this Act, to examine witnesses under oath for the purpose of verifying the returns made under and by virtue of this Act; and for other purposes involving enforcement of this Act; and to examine the books, records, papers, files equipment, and/or inventory of manufacturers, jobbers, retailers, or carriers for the purpose of ascertaining whether the Act is being violated.
(c) Any information obtained by the Commissioner of Revenue or any of his authorized agents, as a result of the reports, investigations or verifications, herein authorized or required to be made, shall be confidential as respecting the business of any person, and any person divulging such information except on the order of a court of competent jurisdiction, or to an officer of the State of Georgia, entitled to receive the same in his official capacity shall be fined not exceeding five hundred ($500.00} dollars.
(d) The Commissioner of Revenue is hereby authorized and directed to prescribe the forms of stamps and caps or crowns herein required to be used. They shall be stamps and crowns carrying the design prescribed, prepared for sale in such a manner as it may deem proper. Such stamps shall be sold at their face value, the crowns or caps shall be provided at the cost of manufacture, plus transportation charges, plus stamp tax value.
Be it provided, however, that the Commissioner of Revenue in his discretion may permit said distributor on the furnishing of a bond deemed good and sufficient by the Commissioner of Revenue, in the amount in no event less than twice the average monthly tax paid by such distributor with corporate surety authorized to do business in Georgia, to purchase such stamps and; or crowns or caps on credit not more than thirty days.
(e) The Commissioner of Revenue shall keep a suitable record of the sale of all stamps and crowns which shall show the dates of sales thereof and the names of the purchasers.
Section 5, was adopted.
Section 6. Whoever removes, washes, restores, alters, or otherwise prepares stamp or crown with intent to use, or cause to be used, after it has already been

1088

JOURNAL OF THE HOUSE,

used, or whoever knowingly or wilfully buys, sells, offers for sale or gives away such washed, restored, or altered stamp or crown, to any person, or knowingly uses the same, or has in his possession any washed, restored, or altered stamps which have been removed from commodities to which they have been previously affixed, or whoever, for the purpose of indicating payment of any tax herein imposed, uses again any stamp or crown that has heretofore been used, for the purpose of denoting the payment of the tax provided in this Act, or whoever prepares, buys, sells or offers for sale, or knowingly has in his possession any counterfeit stamps or crowns, is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than one thousand ($1000.00) dollars or by imprisonment for not more than one ( 1) year or by both methods.
(a) Counterfeit Stamps. That whoever manufactures, buys, sells, offers for sale, or has in his or its possession any reproduction or counterfeit of the Georgia Revenue Stamps provided for in this Act, is guilty of a felony, and, upon conviction, shall be punished by imprisonment in the penitentiary for not less than a year and a day, nor more than ten ( 10) years, and in addition, may be fined not less than two thousand ($2000.00) dollars, nor more than ten thousand ($10,000.00) dollars.
Section 6, was adopted.
Mr. Gross of Stephens 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 resolutions were read and adopted:
By Messrs.: Wohlwender of Muscogee, Saunders of Harris, Sartain of Walker, Cook of Chattooga, Mason of Morgan, Douglass of Talbot, Almand of Walton, Hatchett and McGraw of Meriwether, Clements of Marion, Culpepper of Mitchell, Blackshear of Hall, Tate of Pickens, Johnson of Chattahoochee, l\llaxwell of Muscogee, Harrison of Jenkins, Harrison of Crawford, Pierce of Terrell, Daughtry of Wilkinson, Greene of Jones, Lanier of Richmond, Grant of Habersham, Bush of Mitchell, Williams of Bacon, Chappell of Sumter, Rossee of Putnam, Fowler of Douglas, Barnett of Cherokee, Purdy of Spalding, Ford and Sumner of Worth, Gross of Stephens, Ferguson of Sumter, Atkinson of Chatham, Bennett of Ware, Whipple of Bleckley, Bynum of Rabun, Beck of Carroll, Miller of Lanier, Cobb of Oconee, Rountree of Emanuel, Strickland of Haralson, Moore of Lumpkin, Yawn of Dodge, Coogler of Clayton, Carter of Stewart, MeNall of Chatham, Edwards of Taylor and Lanham of Floyd-
House Resolution No. 175.
A RESOLUTION
Whereas, this session of the General Assembly has been confronted with many vexing problems, and
Whereas, our Honorable Speaker, Roy V. Harris, has, on many occasions, en-

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countered parliamentary entanglements during the consideration of various bills, and,
Whereas, our Speaker has with dignity and without favor presided over this body in a manner that deserves the commendation and praise of every member.
Therefore be it resolved by the House that we express to o:~r Speaker, the Honorable Roy V. Harris, our profound gratitude for the excellent and efficient service he has rendered as our presiding officer and assure him of our continued confidence in his leadership.
By Mr. Key of Jasper-
House Resolution No. 176.
A RESOLUTION
Whereas, there was introduced into the House of Representatives of the N ationa! Congress on January 31, 1939, House Resolution 3517, "A bill to promote the general welfare through appropriation of funds to assist the States and Territories in providing more effective programs of public education," and
Whereas, the title of this bill provides that it may be cited as the "Federal Aid to Education Act of 1939," and
Whereas, this bill is receiving serious consideration by the National Congress, and
Whereas, Section I in the "Statement of Policy" of this hill clearly states that, "It is the primary purpose of this Act to assist in equalizing educational opportunities, among and within the States, insofar as the grants-in-aid to the States herein authorized will permit, without Federal control over the educational policies of States and localities," and
Whereas, this bill will go a long way toward equalizing the educational opportunity given to the children of the various States and Territories of our nation, and
Whereas, the 1937 General Assembly of the State of Georgia on February 11, 1937, memorialized the National Congress on the question of Federal Aid to Education without Federal Control.
Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that we favor the passage of the "Federal Aid to Education Act of 1939" by the National Congress.
Be it further resolved that copies of this resolution be transmitted to the President of the United States and to each member of the Georgia delegation in the N ationa! Congress.
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 bills of the Senate, to-wit:
By Senators Millican of the 52nd, Abbot of the 18th and Sanders of the 36th Districts-
Senate Bill No. 126. A bill to amend Section 30-102, "grounds for total divorce," of Georgia Code of 1933 by adding an additional ground providing for a total divorce when either party is adjudged insane by a commission or court; and for other purposes.
By Senator Manning of the 39th District--
Senate Bill No. 189. A bill amending an Act authorizing the Mayor and Council of Marietta to have held an election to extend water mains and electric lines beyond the city limits; 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 Cail of the 17th District-
Senate Bill No. 146. A bill to amend Section 95-1715 of the 1933 Code relating to condemnation of right-of-way by permitting condemnation of property for public roads to the width of 200 feet; and for other purposes.
By Mr. Gross of Stephens-
House Bill No. 235. A bill to amend Georgia laws. Extra Session 1937-38, by allocating funds to rural post roads division of State Highway Department; and for other purposes.
Further consideration of the Substitute to House Bill No. 435, offered by Mr. Allison of Gwinnett, and others, was resumed:
Section 7. No person shall sell, give or lend any stamps or crowns, nor shall any person purchase, accept, receive or borrow any stamps or crowns from any person; it being the intent thereof, in order to prevent fraud and insure collection of the taxes due, to limit all sales and transfers of such stamps or crowns to the Commissioner of Revenue or its authorized representative.
Section 7, was adopted.
Section 8. It is the intent and purpose of this Act to Impose the tax levied herein once only upon the sale of the same commodities made taxable hereunder.
Any commodity, on a<;cQunt of the sale Qf whkh th~ tax has been paid, shall not

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occasion payment of a second or other tax regardless of the number of times the commodity may be sold in this State.
Section 8, was adopted.
Section 9. Every manufacturer and/or distributor is hereby required to preserve written records of sales and/or receipts made taxable by this Act in such form as the Commissioner of Revenue may prescribe to keep invoices of commodities purchased, which are taxable hereunder and to maintain such other records and to submit such reports as the Commissioner of Revenue may require for the enforcement of this Act.
If commodities taxed hereunder, the sale of which is made taxable by this Act, are distributed or sold into another State, the Commissioner of Revenue may dispense with stamps or crowns or make appropriate regulations prescribing some other means whereby the tax may not be payable.
Section 9, was adopted.
Section 10. The tax imposed herein upon syrups shall be paid by affixing the stamps in the manner and at times herein set forth. The tax imposed herein upon the sale of bottled or soft drinks as herein defined shall be paid by a tax paid crown for the purpose of showing that such tax has been paid. Said stamps and/or crowns shall be affixed according to the rules and regulations of the Commissioner of Revenue to make this Act effective.
(a) All syrups shall be stamped within twenty-four (24) hours of the time such manufactured articles are packed or imported into the State, and before the same shall be sold or offered for sale, affixed to each individual barrel, box, bottle, package, or other container whether or not enumerated herein, a stamp in such denomination as to show the payment of the tax herein levied. The stamp or stamps shall be so affixed that the barrel, box, bottle, package or container cannot be opened by the ordinary process without breaking or tearing such stamp or destroying said barrel, box, bottle, package or other container, and it shall be so affixed as to require the continued application of steam or water to remove it without opening the said barrel, box, bottle, package, or other container.
(b) All bottled drinks which are taxed under the provisions of this Act and are manufactured, bottled, or imported for sale in this State shall be stampe-d within twenty-four (24) hours of the time such drinh are manufactured, bottled, or imported and before the said drinks are sold or offered for sale, by affixing to each individual bottle a crown or cap provided by the Commissioner of Revenue for the purpose in such denominations as to denote payment of the tax herein levied. Be it provided, however, that the person required by this Act to affix crowns or caps to such containers shall be allowed a discount of two (2) percent of the amount of the tax to cover breakage and leakage.
(c) Whoever makes use of any stamp or stamps to denote any tax imposed by this Act without cancelling such stamp by writing or stamping across the face of each stamp the registered number of such wholesaler, distributor or retailer (said

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number to be furnished by the Commissioner of Revenue) shall be guilty of a misdemeanor and if convicted shall pay a fine of not more than one hundred ($100.00) dollars or be put in prison for not more than thirty days for each offense.
Section 10, was adopted.
Section 11. Any bottled or soft drinks, any syrups or other products taxable under this Act found at any point within the State of Georgia which under this Act shall have beeen within the State of Georgia for a period of two (2) hours, or longer, in the possession of any retailer or semi-jobber, or for a period of fortyeight (48) hours, or longer in the possession of any manufacturer, wholesaler or jobber not having affixed to the barrel, box, bottle, package or other container the stamps or crowns as above provided, are herewith declared to be contraband goods and the same may be seized by the Commissioner of Revenue or his agent and/or by any peace officer of the State of Georgia, without a warrant and the said goods shall be delivered to the Commissioner of Revenue for sale at public auction to the highest bidder after due advertisement, by the Commissioner of Revenue before delivering any said goods so seized shall require the purchaser to affix the proper amount of stamps or crowns to the individual package as above described. The proceeds of sale for any goods hereunder shall be turned over to the State Treasurer by the Commissioner of Revenue as other funds collected by said Commissioner of Revenue. Provided, that the cost of confiscation and sale shall be paid out of the proceeds derived from such sales before making remittance to the State Treasurer. Provided, further, that any of the goods, wares, or merchandise, herein enumerated and all such goods, wares, and merchandise when ordered for sale, whether at wholesale or retail without the stamps and crowns having first been affixed, shall be subject to confiscation as herein provided. Provided, further, should any unstamped goods, wares, or merchandise as herein enumerated and defined, without tax paid crowns be found in any vehicle which is engaged in the sale, distribution or delivery of the articles herein enumerated the same shall be prima facie evidence that it or they were there for sale.
Section 11, was adopted.
Section 12. In all cases of seizure of any goods, wares, merchandise or other property hereafter made as being subject to forfeiture under provisions of this Act which in the opinion of the officer, or person making the seizure, are of the appraised value of fifty ($50.00) dollars, or more, the said officer or person shall proceed as follows:
(a) He shall cause a list contammg a particular description of the goods, wares, merchandise, or other property seized to be prepared in duplicate and appraisement thereof to be made by three sworn appraisers, to be selected by him, who shall be respected and disinterested citizens of the State of Georgia, residing within the county wherein the seizure was made. Said list and appraisement shall be properly attested by said officer or persons, and said appraisers, for which service each of said appraisers shall be allowed the sum of ($1.00) one dollar per day, not
exceeding two (2) days, to be paid by the Commissioner of Revenue out of any

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revenue received by it from the sale of the confiscated goods or the compromise which may be effected.
(b) If the said goods are delivered by the officer making the seizure to be of value of less than fifty ($50.00) dollars, no appraisement shall be made. The said officer, or person, shall proceed to post a notice for three (3) weeks, in writing at three (3) places in the county where the seizure was made, describing the articles and stating the time and place and cause of their seizure and requiring any person claiming them to appear and make such claim in writing within thirty (30) days from the date of the first posting of such notice.
(c) Any person claiming the said goods, wares, or merchandise, or other property so seized as contraband within the time specified in the notice, may file with the Commissioner of Revenue a claim in writing, stating his interest in the articles seized, and may execute a bond to the Commissioner of Revenue in a penal sum equal to double the value of said goods so seized, but in no case shall said bond be less than the sum of two hundred ($200.00) dollars, with sureties to be approved by the clerk of the Superior Court in the county in which the goods are seized, conditioned that in the case of condemnation of the articles so seized, the obligors shall pay to the Commissioner of Revenue the full value of the goods so seized and all cost and expense of the proceedings to obtain such condemnation, including a reasonable attorney's fee. And upon delivery of such bond to the Commissioner of Revenue it shall transmit the same with the duplicate list or description of the goods seized to the solicitor of the circuit in which such seizure was made, and the said solicitor shall file a bill in the Superior Court in equity of the county where the seizure was made to secure the forfeiture of said goods, wares, merchandise, or other property. Upon the filing of the bonds aforesaid, the said goods shall be delivered to the claimant pending the outcome of said case: Provided, however, said goods must have the proper stamps affixed to each such article as herein enumerated before turning same over to claimant. The stamps so affixed to be paid for by claimant when goods properly stamped are delivered by the Commissioner of Revenue.
(d) If no claim is interposed and no bond given within the time above specified, such goods, wares, merchandise, or other property shall be forfeited without further proceedings and the same shall be sold, as herein provided. And the proceeds of sale when received by the Commissioner of Revenue shall be turned into the State Treasury as other revenues are required by law to be turned in: Provided, that in seizure in quantities of less value than fifty ($50.00) dollars, the same may be advertised with other quantities in Atlanta, Georgia, by the Commissioner of Revenue and disposed of as hereinabove described. The proceedings against goods, wares, merchandise, or other property, pursuant to the provisions of this Act shall be considered as proceedings in rem unless otherwise provided herein. Provided, however, should the Commissioner of Revenue have to resort to the Courts for collection of the tax due and assessed, no advertisement shall be made and the confiscated articles enumerated herein may be held as evidence pending the results of Court action.
Section 12, was adopted.

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Section 13. The Commissioner of Revenue may in his discretion return any goods, confiscated under this Act or any part thereof, when it is shown that there was no intention to violate the provisions of this Act. Provided, when any goods, merchandise, or other property, are confiscated under the provisions of this Act, the Commissioner of Revenue, in his discretion, return such goods to the parties from whom they are confiscated if and when such parties shall pay to the Commissioner of Revenue, or his duly authorized representatives, an amount equal to the tax due under this Act on the goods confiscated, and in such cases no advertisement shall be made or notices posted in connection with said confiscation.
The Commissioner of Revenue may promulgate rules and regulations governing the stamping of any articles or commodities enumerated herein handled by persons, firms, or corporations operating on interstate common carriers.
Any rules and regulations of the Commissioner of Revenue, when duly made and promulgated shall have the full force and effect of law. Any person when violating such rules when duly made and promulgated, shall be guilty of a misdemeanor and shall upon conviction be fined not less than fifty ($50.00) dollars, and not more than one hundred ($100.00) dollars for each offense.
Section 13, was adopted.
Section 14. It shall be provided by regulations of the Commissioner of Revenue the methods of breaking packages, forms and kind of containers and methods of affixing stamps that shall be employed by persons, firms or corporations and subject to the tax imposed by this Act which will make possible the enforcement of payment of inspection and any person, firm or corporation subject to this tax, engaging in or permitting such practices as are prohibited by regulations of the Commissioner of Revenue or in any other practice which makes it difficult to enforce the provisions of this Act by inspection, or if any person, firm or corporation, agent or officer thereof, who shall upon demand of the Commissioner of Revenue, any officer, or agent of the Commissioner of Revenue, refuse to allow full inspection of the premises or any part thereof, or who shall hinder or in anywise delay or prevent such inspections when demand is made thereof, or in any way interferes with any agent of the Commissioner of Revenue in the performance of his duties in enforcing this Act (confiscation of articles enumerated deemed by the agent of the Commissioner of Revenue to be contraband), is hereby declared to be one of the duties of an agent of the Commissioner of Revenue, shall be deemed to be guilty of a misdemeanor and shall, upon conviction, be fined not less than one hundred ($100.00) dollars, nor more than two hundred ($200.00) dollars for each offense, or imprisonment in the county jail for a period not exceeding ninety (90) days, or both, in the discretion of the Court.
Section 14, was adopted.
Section 15. It shall be the duty of every person, firm or corporation, club or association of persons, receiving, storing, selling or handling articles as herein enumerated in any manner whatsoever, to keep and preserve all invoices, books, papers, cancelled checks, or other memoranda touching the purchase, sale, exchange,

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1095

or receipt of any and all articles as enumerated herein for a period of two (2} years. All such invoices, books, papers cancelled checks or other memoranda shall be subject to audit and inspection by any duly authorized representative of the Commissioner of Revenue at any and all times. Any person, firm, corporation, club or association of persons who fails or refuses to keep and preserve the records as herein required, or who upon request by a duly authorized agent of the Commissioner of Revenue fails or refuses to allow an audit or inspection of records as hereinabove provided, shall be guilty of a misdemeanor and shall upon conviction be punished by a fine of not less than fifty ($50.00) dollars, nor more than two hundred ($200.00) dollars, or imprisonment in the county jail for a period not to exceed ninety (90) days for each offense.
Section 15, was adopted.
Section 16. Each and every wholesaler or jobber, qualifying as such with the Commissioner of Revenue shall be required to file a report between the first and tenth of each month, covering the purchase and/or receipt by them of all articles as enumerated and defined herein, during the preceding month. Said report shall give in detail the different kinds and quantities of the articles enumerated herein so purchased and/or received by them during the preceding month. Any wholesaler or jobber failing or refusing to file the above report in the manner and time allowed, shall be deemed a violator of this Section and upon conviction shall be fined not less than one hundred ($100.00) dollars, nor more than five hundred ($500.00) dollars for each offense.
Section 16, was adopted.
Section 17. The Commissioner of Revenue is hereby authorized and directed to have prepared and distributed stamps suitable for denoting the tax on all articles enumerated herein. Any person, firm, corporations or association of persons, other than the Commissioner of Revenue, who sells stamps, not affixed to the articles enumerated herein 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 6 of this Act. When wholesalers or jobbers have qualified as such with the Commissioner of Revenue as provided in this Act and desire to purchase stamps as prescribed herein for use on the taxable articles enumerated herein, sold and delivered by them, the Commissioner of Revenue shall allow on such sales of stamps for the articles herein enumerated, excepting crowns, the following:
On a sale of one hundred ($100.00) dollars or over and less than two hundred ($200.00) dollars, a discount of three per cent on the entire amount of the sale; on a sale of two hundred ($200.00) dollars or more, a discount of five (5%) per cent on the entire amount of the sale.
Every wholesaler or jobber purchasing stamps as described herein, shall be required to make a full and complete accounting on or before the tenth of each month for all stamps used on taxable articles as enumerated herein during the preceding month. Every wholesaler or jobber refusing or failing to comply with this section shall forfeit the commission or discount Qn stamps purchased in the future.

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Section 17, was adopted.
Section 18. Persons failing to properly affix the required stamps or tax paid crowns to any of the enumerated articles herein defined shall be required to pay as part of the tax imposed hereunder, a penalty of not less than twenty-five ($25.00) dollars, nor more than five hundred ($500.00) dollars, to be assessed and collected by the Commissioner of Revenue, as other taxes are collected. And each article or commodity not having proper stamps affixed thereto as required herein shall be deemed a separate offense. Provided, that of the articles enumerated herein in the place or business of any person required by the provisions of this Act to stamp the same shall be prima facie evidence that they are intended for sale. Provided, further, that if within ten ( 10) days and not thereafter after notification in writing by the Commissioner of Revenue, or its duly authorized agent, to the person, firm or corporation, of its failure, to properly affix the required stamps to any article or commodity, or within ten ( 10) days after written notification to him that he has sold any article or commodity requiring stamps without having the stamps properly attached thereto as required by this Act, the party charged, or to be charged with such commission as herein provided, shall have the right within said time, and not thereafter, to demand a trial of the issue before a court of competent jurisdiction in the manner now provided by law for the trial of chil actions or civil suits. The written notice herein required may be served by mail. When it is so served, the paper must be deposited in the postoffice addressed to the person on whom it is to be served at his last known place of residence and the postage paid, and the ten ( 10) days herein provided shall begin to run from the date of mailing. Said notice may also be personally ~erved by any agent of the Commissioner of Revenue, or any other person, by delivering the same to the person or corporation charged, or by leaving the same in the place of business of such person, or corporation. Provided, further, that the Commissioner of Revenue upon good causes shown may in its discretion remit a part of the penalties above described herein, but in no case shall it accept less than the minimum penalty provided for each offense. Provided, further, that any judgment rendered in favor of the State, in any civil action or suit shall be a first preferred lien for taxes upon all property of the taxpayer and in the event of nonpayment shall be filed in the office of the Clerk of Superior Court in the county where taken and execution may be issued by the Commissioner of Revenue as now provided by law.
Section 18, was adopted.
Section 19. If any taxes or penalties imposed by this Act remain due and unpaid for a period of ten ( 10) days, the Commissioner of Revenue shall issue an execution directed to any sheriff of the State of Georgia commanding him to levy upon and sell the real and personal property of the taxpayer found within his county for the payment of the amount thereof, with penalties, if any and the cost of levying the execution and to return such execution to the Commissioner of Revenue and to pay it the money collected by virtue thereof. Upon receipt of such execution, the sheriff shall file with the Clerk of Superior Court of his county a copy thereof and thereupon the Clerk of the Superior Court shall enter the same upon the execution docket kept by him in the same manner as other executions are entered,

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and shall index the execution upon the index of judgments. The Sheriff shall thereupon proceed upon the execution as in all other similar matters. The defendant named in any execution shall have the right to file an affidavit of illegality to the court and same shall be tried in the same manner as other affidavits of illegality are now tried.
Section 19, was adopted.
Section 20. It shall be unlawful for any person, firm or corporation to receive in this State any shipment of any of the articles taxed herein when the same are not stamped as required by this Act, and knowing the same to be not stamped, for the purpose and intention of violating the provisions of this Act, and to avoid payment of the taxes, such person, firm or corporation shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than twenty-five ($25.00) dollars or sentenced to jail for not less than thirty (30) days or more than sixty (60) days, either or both. Provided, that in the event this provision shall be declared unconstitutional by the Courts, it shall not affect the remaining sections or any other part or portion of this Act.
Section 20, was adopted.
Section 21. Any person, firm, corporation, club or associatiOn of persons who offer for sale, or sell any of the articles enumerated herein which do not have affixed thereto stamps as required shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than one hundred ($100.00) dollars, and not more than five hundred ($500.00) dollars.
Section 21, was adopted.
Section 22. If any section, clause, proviSion or portion of this Act shall be held to be invalid or unconstitutional by any court of competent jurisdiction such holding shall not affect any other sections, clauses or provisions or portions of this Act which is not in and of itself unconstitutional. It is hereby declared to be the intention of the Georgia Assembly that should any portion of this Act be declared unconstitutional, the remainder shall be in full force and effect and that the Georgia Assembly would have passed this Act without such invalid portion or provision.
Section 22, was adopted.
Section 25. The funds derived from this Act are hereby allocated as follows:
Five per cent (5%) of the gross revenue received from said tax is allocated to the Commissioner of Revenue for the purpose of enforcing the provisions of this Act. The remaining ninety-five per cent (95%) of the revenue collected from the taxes herein imposed shall be allocated as follows: Thirty-three and one-third per cent (33-1/3% ) to the counties of this state for the purpose of constructing and maintaining the public roads in each county. The amount to be paid to each county shall be determined as follows: In the same manner that the present gasoline tax is now distributed to each of the counties of the State except that the amount each county shall receive is to be determined by the total public road mileage in said county as determined by the State Highway Board and furnished to the

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State Treasurer; thirty-three and one-third per cent (33-1/3%) to the State Board of Education to be used to pay the salaries of the high school and grammar school teachers employed by the State to teach in the public school system; thirty-three and one-third per cent (33-1/3%) to the Department of Public Welfare to be used by said Department in paying pensions, aid to the blind, dependent and crippled children, and maintaining the eleemosynary institutions of the State.
The following amendment to Section 25, was read and adopted:
Messrs. Williams of Bacon, Allison of Gwinnett, Lovett of Laurens, Conner of Dooly and Thigpen of Evans move to amend Section 25 of the Luxury Tax Substitute to House Bill No. 435 by striking the Section in its entirety, and substituting in lieu thereof the following:
Section 25. USE OF NET PROCEEDS FROM THE COLLECTION OF TAXES UNDER THIS ACT. Be it further enacted by the authority aforesaid that the net proceeds of the revenue derived from the taxes herein levied be and the same are hereby allocated and appropriated as folows:
One-third ( 113) of the net proceeds of this tax for each fiscal year is hereby set aside in a special fund in the State Treasury to the credit of the State Board of Education to be used by said Board for the sole purpose of paying any appropriation for the fiscal year made by the General Assembly of Georgia for salaries of teachers employed by the State in the Public School System where funds are not otherwise available to pay in full such appropriation, provided that no part of such fund shall be used except to pay in full the unpaid appropriation made by law for this purpose for each fiscal year.
One-third (1 /3) of the net proceeds of this tax or so much thereof as may be necessary for each fiscal year is hereby set aside in special funds in the State Treasury each in the same proportion as each of the fixed sum appropriations made for paying old age pensions, for aid to the blind, for the benefit of dependent children, for the State institutions under control of the Public Welfare Department, and for the Tubercular Sanatorium at Alto bears to the total fixed sum appropriations each fiscal year for these purposes. The funds thus set aside in the State Treasury for these purposes shall be used for the sole purpose of paying any appropriation for the fiscal year made by the General Assembly of Georgia for these purposes where funds are not otherwise available to pay in full such appropriations, provided that no part of the fund shall be used except to pay the unpaid appropriations for these purposes made by law for each fiscal year.
One-third ( 1/3) of the net proceeds of this tax is hereby allocated and appropriated to each of the several counties of the State to be distributed monthly to the fiscal authority of each county in the same manner as the present gasoline tax is now distributed, on the basis of the State aid road mileage as certified by the State Highway Department of Georgia, and from such sum allocated and appropriated to each county shall retain two-thirds (2/3) of the amount received to be used for the purpose of maintaining the State Superior Court in the county and the remaining one-third ( 1/3) of the amount received shall be paid to the County Board of Education of the county to be used for school purposes,

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Provided, further, that should the amount of funds set up each fiscal year for the items of this Section be in excess of the amount needed to pay the appropriations for each fiscal year in full for the items named, the State Treasurer is hereby authorized and directed to pay into the State General Fund the amount of the funds that are in excess of the full appropriations made by law for each fiscal year.
Provided, however, the provisions for the distribution and use of the net proceeds of the tax derived under this Act, as set out in this Section, shall not become effective until after:
First: $500,000.00 of the first net proceeds of this tax shall be set aside in a special fund in the State Treasury to the credit of the State Department of Public Welfare to be used for the sole purpose of paying any fixed sum appropriation for the fiscal year ending June 30, 1939, made by the General Assembly for the benefit of Milledgeville State Hospital where funds are not otherwise available to pay in full such appropriation, with the direction that the funds thus appropriated shall be used in liquidating the outstanding obligations of said institution.
Second: That from the first net proceeds of this tax there shall be set aside and appropriated in a special fund in the State Treasury to the credit of the State Board of Education an amount sufficient to pay in full the teachers' salaries for the year ending June 30, 1939, where funds are not otherwise available to pay in full such teachers' salaries as are now in force and effect. The funds thus provided shall be used solely for the purpose of paying teachers' salaries due for the year ending June 30, 1939, and immediately upon sufficient funds being set aside for this purpose the distribution of the net proceeds of this tax as provided in this Section shall be in force and effect.
Section 25, as amended, was adopted.
The following amendment was read and adopted:
Mr. Parker of Colquitt moves to amend the Allison Substitute for House Bill No. 435, by adding a new section thereto immediately before the repealing clause to read as follows :
"None of the provisions of this Act shall apply to agricultural or farm products or naval stores products, or forest products."
The following amendment was read:
Messrs. Evans of McDuffie, Drinkard of Lincoln, Carmichael of Cobb and Parker of Colquitt move to amend the Allison Substitute to House Bill No. 435, by adding therein, immediately before the repealing clause, to be appropriately numbered, a new section to read as follows:
Section 26. Be it further enacted that none of the provisions of this Act shall take effect until the question of its adoption is submitted to a popular vote of the people of the State of Georgia, and a majority of those voting shall vote in favor of its adoption. Said election shall be held within 15 days after approval of said Act by the governor, throughout the entire state, under the rules governing general

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elections. Those citizens shall be allowed to vote who are duly qualified voters on the registration list in the various counties, and the expenses of said election shall be paid by the State of Georgia. Within five days from the holding of said election, all returns shall be forwarded to the Secretary of State, and he shall certify to the Governor the result of said election, and the Governor shall thereupon within two days issue his proclamation. In the event that a majority of those who cast their ballots in said election shall vote against the adoption of this Act, it shall not become operative; and if a majority of those who vote in said election shall vote in favor of the adoption of said Act, it shall then become operative. The ballots shall have printed thereon the words FOR LUXURY TAX and the words AGAINST LUXURY TAX, and the voter shall leave on said ballot the words indicating the way in which he wishes to vote, and shall mark thru or erase the other words.

It is the purpose and intent of this amendment not to inflict any sales tax on the people of Georgia without permitting them first to express their approval or disapproval of said Act, and then not to impose said sales tax if a majority of those voting disapprove said sales tax.

Mr. Williams of Bacon asked unanimous consent that the House adjourn at 5:30 o'clock until 9:00 o'clock tomorrow morning, and the consent was granted.

On adoption of the amendment by Mr. Evans of McDuffie and others, Mr. Bell of Grady moved the previous question.

On adoption of the amendment, Mr. Wohlwender 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.:

Ansley Barlow Barrett Blease Bloodworth Bush Carmichael of Butts Carmichael of Cobb Clements of Marion Cobb Connell Culpepper of Fayette Dallis Davidson Davis of Coweta DeFoor Drinkard Easley Edwards of Lowndes Edwards of Taylor

English Etheridge of Baker Evans of McDuffie Ferguson of Camden Ford Forrester of Crisp Forrester of Dade Fowler of Douglas Franklin of Polk Greene Guyton Harden Hatchett Hinson
Joel Johnson Jones of Brantley Jones of Paulding King
Marshall

Maxwell Middleton Mills Mosely Moss Parham Parker Pierce Pilcher Ragan Rawlins Sams Smiley Strickland of Haralson Sumner Thornton Vickery Wages Wohlwender

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1101

Those voting in the negative were Messrs.:

Aiken Allison of Gwinnett Allison of White Almand Atkinson Bell Bennett of Clarke Bennett of Ware Binion Blackshear Boyd of Cook Boyd of Greene Branch Bray Brooks of Jackson Brooks of Oglethorpe Bynum Candler Carter Chappell Cheney Clary Claxton Clements of Calhoun Clements of Wheeler Conner Coogler Cook Corbett Culpepper of Mitchell Curry Daughtry Davis of Floyd Dean Dickerson Dockery

Douglass Drake Ennis, J. H. Ennis, Marion Etheridge of Houston Evans of Laurens Ferguson of Sumter Foster Franklin of Bulloch Gaines Gavin Gill Goddard Gowen Graham Grayson Grice Griffin Gross of Stephens Gross of Washington Harrison of Crawford Herndon Hill Holtzendorff Howard Jackson Jones of Richmond Kaigler Kennedy Key Lanham Lanier Lewis Looper Lovett Mason

Those not voting were Messrs.:

Allen Beck Bruce Campbell Carrington Clark

Elliott Etheridge of Fulton Flanders Fowler of Treutlen Goolsby Hardman

McBride McCracken McDaniel McGraw McNall Merritt Moore of Lumpkin Moore of Taliaferro Morgan Pharr Purdy Rogers Roughton Rountree Sanders Sartain Scott Stiles Strickland of Pierce Swindle Tate Terrell Thigpen of Evans Tipton Trippe Turner Warren Whipple Whitaker Wiggins Williams of Bacon Williams of Ware Wright Yawn
Harrison of Jenkins Harvey Hayes Henderson Kelley Kendrick

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Kimbrough Mankin Miller Pannell Preston Rees Reid

Rossee Sabados Sapp Saunders Simmons Smith of Henry Smith of Schley

Summerour Thigpen of Glascock Tippins Tomlinson \Veils Yeomans

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

On the adoption of the amendment, the ayes were 59, the nays 106.

The amendment was lost.

Section 26. All laws and parts of laws m conflict with this Act are hereby repealed.

Section 26, was adopted.

Mr. McBride of Montgomery moved that the bill and all amendments be i,ndefinitely postponed, and the motion was lost.

Mr. Rawlins of Telfair moved that the House do now adjourn until 9:00 o'clock tomorrow morning, and the motion was lost.

The following Substitute to House Bill No. 435, offered on the floor of the House, was taken up for consideration and read:

By Mr. Jones of Brantley-

A BILL

TO BE ENTITLED

An Act to levy a transaction tax upon every transaction within this State having for its consideration money or any other thing of value and upon the use, consumption and storage for use within this State of anything of value; to provide means and methods of paying said tax and the collection thereof; to provide penalties for the violation of said Act; to authorize the State Revenue Commissioner to make rules and regulations to enforce the provisions of said Act and to confer upon him power to collect said tax and the means by which same may be collected; and for other purposes.

Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same that from and after the passage of this Act as follows, to-wit:

( 1) There is hereby levied in addition to all other taxes upon every transaction within this State or respecting property located within this State having for its consideration money or any other thing of value, and for the use, consumption, storage for use or consumption for use within this State a tax of one-half of one per cent of the consideration for such transactions.

TUESDAY, MARCH 7, 1939

ll03

(2} The tax herein levied is hereby assessed against the person rece1vmg the money or other valuable consideration from said transactions or upon the person receiving any article or thing of value for use, consumption, or storage for use or consumption within this State.
( 3) The tax due under the provisions of this Act shall be paid at least monthly by the person against whom same is levied to the State Revenue Commissioner and returns thereof made upon forms to be supplied by the Revenue Commissioner and in accordance with the rules and regulations promulgated by him.
(4} No deed or other instrument in writing required by the law of Georgia to be recorded in any office of any Clerk of the Superior Court or other official of any county or of this State shall be admitted to record unless the same bears evidence of the payment of the tax herein levied in advance of the same being presented for recordation, and no note or other evidence of indebtedness shall be collectible in any of the Courts of this State unless and until the same shall bear evidence that the tax' herein levied on the transaction in which the same is involved has been paid in full and the transfer of the shares of stock in any corporation of this State or any other corporation shall not be legal or valid unless and until the same bears evidence of the payment of the tax herein levied in full, and any article of personal property sold, used, consumed or stored for use or consumption in this State must have attached or affixed thereto a stamp showing that the tax herein levied has been paid, where the personal property is of such a nature capable of having a stamp affixed thereto under the rules and regulations of the State Revenue Commissioner.
(5) Any person failing to pay the tax herein levied as provided herein shall be guilty of a misdemeanor and punished as such.
(6) The State Revenue Commissioner shall have authority to make rules and regulations for the enforcement of the provisions of this Act and shall have authority to issue executions for all taxes due and payable under the provisions of this Act and the person against whom the assessment is made and against whom the execution is issued shall have the right to file an affidavit of illegality and the right of appeal as provided by law.
(7) Any person violating any of the prov1s10ns of this Act shall be guilty of a misdemeanor and punished as prescribed by the Code of Georgia in misdemeanor cases.
Section 2. All laws and parts of law in conflict with this Act be and the same are hereby repealed.
Mr. Jones of Brantley asked unanimous consent that the Substitute be withdrawn, and the consent was granted.
The following Substitute to House Bill No. 435, offered on the floor of the House was taken up for consideration.
Mr. Forrester of Crisp moved that the Substitute be taken up section by section and item by item, and the motion prevailed.

1104

JOURNAL OF THE HOUSE,

By Messrs. Lanham and Davis of Floyd. Harris, Lanier and Jones of Richmond, Gross of Stephens, Merritt and Grice of Bibb, Trippe of Polk, Lewis of Burke, Corbett of Atkinson, Dean of Rockdale, Marion Ennis of Baldwin, Swindle of Berrien, Cook of Chattooga, Gross and Roughton of Washington, Fowler of Treutlen, Sartain of Walker, Herndon of Hart, Clements of Wheeler, Daughtry of Wilkinson, Harrison of Crawford, Whipple of Bleckley and Thigpen of Glascock.
A BILL
To be entitled an Act to provide for the raising of additional public revenue by imposing a tax of four (4%) per cent upon sales of luxuries and non-essentials; to provide for the ascertainment, assessment and collection of said tax, and for penalties for the violation of the terms of this Act.
Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same;
Section 1. This Act shall be known as "Special Tax of Luxuries or NonEssentials."
The following Communication was submitted, ordered filed and printed:
COMMUNICATION NO. 24
March 7, 1939.
Hon. Roy Harris, House of Representatives, Atlanta, Ga.
Mr. Speaker:
RE: Economy-Efficiency House Resolution No. 9.
As to the recommendation of this Committee made on January 27, 1939, communication No.4, there was afterwards submitted to this Committee by Mr. Warren N eel, Director of Post Roads Division, a status and compilation of figures for the purpose of showing that the figure of 9.19 per cent for administration and the figure of 19.02 per cent for supervision, were incorrect. Whereupon, this Committee called Mr. C. F. Bond, Statistician for the State Highway Board of Georgia, and Honorable W. L. Miller, Chairman of State Highway Board of Georgia, and requested that the "Status Report of the Post Roads Division" and the compilation as submitted by the Director of the Post Roads Division be studied, and this Committee be advised by letter as to each and every item of the figures and comments submitted by the Director of the Post Roads Division in his Status Report of the Post Roads Division.
On February 10, 1939, we received from Mr. C. F. Bond, Statistician of the Highway Board of Georgia, a communication in which he again verified the correctness of the administrative cost of the Post Roads Division to be 9.19 and the cost

TUESDAY, MARCH 7, 1939

1105

of supervision to be 19.02. Thereupon we called upon the State Auditor, Honorable Zach Arnold, to verify the percentage to total cost of the various activities-administration, supervision and equipment-of the Post Roads Division, and to carefully examine the figures in the audit report of June 30, 1938, and the figures submitted by the Highway Accounting Division to the close of December, 1938, and the Status Report as submitted by the Director of the Post Roads Division, Mr. Warren Neel, and the letter of February 10, 1939, and the figures therewith submitted by the Statistician of the State Highway Board of Georgia.

On February 28, 1939, Honorable Zach Arnold, State Auditor, sent a communication to this Committee. Hereto attached is the communication of February 28, 1939, from Zach Arnold, State Auditor; the communication of February 10, 1939, from C. F. Bond, Statistician; the communication from Mr. Warren Neel, Director of the Post Roads Division, headed "Status Report of Post Roads Division". Mr. Arnold, State Auditor, stated to this Committee that the figures as shown in the letter of February 10, 1939, from C. F. Bond, are correct.
In view of the fact that the figures submitted by Mr. Miller, on which we based our recommendation, have been verified as we now set out, we therefore reaffirm our position and strongly recommend that legislation be immediately passed carrying out our former recommendation.
Respectfully submitted,
Economy and Efficiency Committee, House Resolution No. 9,
Wilmer D. Lanier, Chairman, James V. Carmichael, Vice-Chairman. Attest: J. H. Duggan, Jr., Secretary.

Department of Audits Zach Arnold, State Auditor
State Capitol, Room 115

Atlanta
Hon. Wilmer D. Lanier, Chairman House Economy Committee, State Capitol, Atlanta, Georgia

February 28, 1939.

Dear Sir:

As requested, in order to verify the percentage to total cost of the various activities-administration, construction, supervision and equipment-of the Post Roads Division, I made a careful examination of the figures, both in our audit reports to June 30, 1938, and of the figures submitted by the Highway Accounting Division to the close of December, 1938, (not audited) and find the costs and percentages to be as follows:

1106

JOURNAL OF THE HOUSE,

POST ROADS DIVISION

TOTAL DISBURSEMENTS

Since Organization to

June 30,1938

Account

Disbursement Pet. to Tot.

Surveys and Plans ___________ $125,613.48 *Construction ______________________ 161,944.89

32.53 41.94

Equipment Purchases ______ 28,200.28 Administration __________________ 70,389.62

7.30 18.23

Since Organization to

December 31, 1938

Disbursement Pet. to Tot.

$ 192,275.12

18.49

695,357.28

66.86

35,065.53

3.37

117,230.83

11.28

$386,148.27 *Supervision cost included in above construction was

100.00 21.44

$1,039,928.76

100.00 19.14

TOTAL EXPENDITURES (Including County and W. P. A. Contract Participation)

Since Organization to

June 30, 1938

Account

Disbursement Pet. to Tot.

Surveys and Plans ----------$125,613.48 *Construction _____________________ 252,802.22

26.33 53.00

Equipment Purchases ____ 28,200.28 Administration __________________ 70,389.62

5.91 14.76

Since Organization to

December 31, 1938

Disbursement Pet. to Tot.

$ 192,275.12

11.41

1,340,298.43

79.55

35,065.53

2.08

117,230.83

6.96

$477,005.60 *Supervision cost included in above construction was

100.00 13.73

$1,684,869.91

100.00 9.93

HIGHWAY DEPARTMENT (From Annual Report, which is reflected in Auditor's Report.)

COST OF SUPERVISION June 1, 1937, to June 30, 1938
Amount Supervision ____ ---------------------------------------$ 1,145,446.30 Other Construction ---------------------------- 18,944,789.28

Percent 5.70
94.30

Total expenditures, for construction $20,090,235.58

100.00

The costs and percentages above shown are correct and in entire agreement

with the figures and percentages shown in the Highway Accounting Division's letter

of February 10, 1939, addressed to your Honorable Body, which letter is returned

herewith with exhibits, the cost of personal services upon which the report is based

being $144,986.57 shown on page 14 of State Auditor's report to June 30, 1938, plus

$7,477.86 shown on State Auditor's report to June 30, 1937, (covering the first

three months of operation), and not on the claim of the Post Roads Division that

TUESDAY, MARCH 7, 1939

1107

$207,481.37 was used as amount of personal services as shown on page 79 of State Auditor's Report, because the $204,481.37 included pay of personnel on jobs other than Post Roads but the personnel cards on which salaries both on Highway work and Post Road work were entered were in the Post Roads group of cards added at June 30. There is no discrepancy. The pay of those on highway work, when deducted, leaves the figures on which all percentages and costs for Post Road Division were based.

I hope you will find the foregoing statements make clear to you that there are no discrepancies.

Very truly yours,

ZA:mmn

Zach Arnold, State Auditor.

State Highway Board of Georgia

General Offices

Atlanta

Subject

W. L. Miller, Chairman Atlanta, Georgia
Jim Gillis, Member Soperton, Georgia
Herman H. Watson, l\t1ember Dallas, Georgia
F. P. Vanstory, Sec. and Treas. Atlanta, Georgia

E. A. Stanley, State Highway Engineer
W. R. Nee!, Director of Post Roads Division
0. T. Ray, Director Highway Planning Survey
W. Glenn Thomas, Chief Counsel

February 10, 1939.

Honorable W. D. Lanier, Chairman, House Economy Committee, State Capitol, Atlanta, Georgia.
Since appearing before the House Economy Committee on Thursday, February 9, 1939, and as directed by said committee, I herewith submit the following:
Exhibit "A"-Status Report of Post Roads Division. (This report furnished the writer by the House Economy Committee.)
Exhibit "B"-Copy of letter, with attached copies of statements of disbursements and expenditures of Post Road Division, dated January 26, 1939, to Honorable W. L. Miller, Chairman, State Highway Board of Georgia.
Exhibit "C"-Schedule of partial list of employees of Post Roads Division, showing salaries and expenses.

1108

JOURNAL OF THE HOUSE,

l. Status Report of Post Roads Division.
The percentages shown in paragraph two, line 3, of the above report are in agreement with the figures shown in Exhibit "B," page one, under the heading Total Disbursements, Calendar Year 1938.
The amount $1,334,784.17 and the percentages shown in paragraph four of the above report are in agreement with the figures shown in Exhibit "B" page two, under the heading Total Expenditures Including County and WPA Contract Participation, 1938.
An explanation of the captions used on these reports Total Disbursements in page No. 1 and Total Expenditures in page No. 2, Exhibit "B" are as follows:
The Disbursement figures used on page No. 1 are the Actual Cash Disbursements, whereas the Total Expenditures used en page No. 2 are inclusive of the total amount of work done, which includes county and WPA participation for which no actual cash disbursement is made. The county and WPA participation being entered on the records of the State Highway Board of Georgia as a credit to the county which performs the work.
On page No. 2 of Exhibit "A" a statement is made that the Accounting Department was in error in making certain charges to the Post Roads Division, which statement I find incorrect and is proven by a comparison with Exhibit "C" which shows the salaries and expenses of certain employees charged to the Post Roads Division as reflected by the records of the State Highway Board of Georgia.
Further the totals of salaries and expenses shown on page No. 3, Exhibit "A" are incorrect as will be noted by a comparison with the total personal services of Post Roads ($144,986.57) shown on page 14 of the State Auditor's Report, and travel expense of Post Roads ($27,158.69) shown on page 15 of the State Audtor's Report.
The discrepancy of the total personal services ($207,481.37) shown on page 79 and total personal services ($144,986.57) shown on page 14 of the State Auditor's Report is explained in the paragraph on page 21 of same report which reads: "Personal services, detailed in following pages, under the system of accounting, cover services (for those employed the whole time) from June 1, 1937, to June 15, 1938."
The cost from organization through December, 1938, shown on page 3, Exhibit "A" also the next three tabulations on page 4 cannot be verified by the records of the Accounting Department of the State Highway Board as of December 31, 1938, since these tabulations apparently include sums earned on statements for the month of December and likewise include salaries earned for the semi monthly payrolls ending December 31, 1938, and travel expenses for the month of December, 1938.
Under the system of handling accounts the monthly statements of amounts earned for any month do not normally reach the Accounting Department until after the last day of the month, therefore cannot be posted as expenditures on the

TUESDAY, MARCH 7, 1939

1109

records as of the closing date for the month. The same condition exists in handling payrolls and expense accounts of employees, therefore it is evident that when such sums earned on monthly statements, and the salaries and expense, not paid during the month of December, are deducted from the amounts shown in cost schedule on page 3, Exhibit "A" the percentages will change and will be more nearly comparable with the percentages shown on page No. 2, Exhibit "B" under the heading Total Expenditures, Since Organization to December, 1938.
2. Letter of Transmittal, With Attach~d Statement of Disbursements and Expenditures, and Commentary.
Upon request of Honorable W. L. Miller, Chairman, State Highway Board of Georgia, the writer prepared a schedule of Total Disbursements Post Roads Division Calendar Year 1938 and Total Disbursements Post Roads Division Since Organization to December 31, 1938, also schedule of Total Expenditures Post Roads Division Including County and WPA Contract Participation 1938 and Total Expenditures Post Roads Division Including County and WPA Contract Participation Since Organization to December, 1938, as reflected by records of the Accounting Department; which are attached to Exhibit "B'' and referred to as page No. 1 and page No. 2 respectively. An explanation of the captions Total Disbursements and Total Expenditures is found in one of the preceding paragraphs of this communication.
The figure $55,123.58 shown on page No. 2, Exhibit "B" as a potential savings is arrived at by multiplying the construction expenditure $1,334,784.17 by the difference between the comparative percentages of Post Roads supervision 9.83% and Highway Department supervision 5.70% or 4.13% ($1,334,784.17 by 4.13% ). Also the figure $91,899.21 shown on page No. I, Exhibit "B" as a potential savings is arrived at by multiplying the construction disbursement $689,843.02 by the difference between the comparative percentages of Post Roads supervision 19.02% and Highway Department supervision 5.70%, or 13.32% ($689,843.02 by 13.32% ). The potential savings shown in other schedules of Exhibit "B" are figured in a like manner.
As will be noted on page 3, Exhibit "B" there are some administrative expenses of the State Highway Board of Georgia, which under the present system of accounts are charged to the Highway Department, in the amount of $219,543.55.
On a basis of total expenditures of the Highway Department and Post Roads Division for period ending June 30, 1938, the expenditures for the Post Roads Division was 1.77% of the total expenditures of the State Highway Board, and should a pro rata share of administrative expenditures ($219,543.55) be charged to the Post Roads Division would amount to $38,859.20 additional administrative expenditures, which is not now charged to the Post Roads Division. Since no instructions have been issued relative to the distribution of this administrative expense, on a pro rata basis to the Post Roads Division, the entire amount is charged to the Highway Department of the State Highway Board.
3. Schedule of Partial List of Employees of Post Roads Division, Showing Salaries and Expenses.

1110

JOURNAL OF THE HOUSE,

The schedule of employees marked Exhibit "C" is self explanatory in that it reflects the actual charges to Post Road Division of certain employees, listed in Exhibit "A", as shown by the records of the Accounting Department, which information was available to the State Examiners at the time of the audit or examination.

It is stated in the second paragraph in page 5 of Exhibit "A" that the salaries
and travel expenses of Post Roads Division for fiscal year ending June 30, 1938, as shown by State Auditor's report, included April, May and June, 1937, or a fifteen month period; whereas a careful examination reveals that the period covered by audit report for year ended June 30, 1938, shown on page 21, to be from June 1, 1937, to June 15, 1938, resulting in this report some employees being paid for twelve and one half months. Also an audit report for Post Roads Division for half year ended June 30, 1937, shows a list of employees with personal services and travel expenses, ended June 30, 1937.

The total of expenditures as shown by the audit report for Post Road Division, for half year ended June 30, 1937, and that amount shown as expenditures in audit report for Post Roads Division, for year ended June 30, 1938, or a total of $477,005.60 is identical with that amount shown on page 272 of the Seventeenth Report of the State Highway Board of Georgia to the General Assembly of Georgia for the fiscal years ending June 30, 1937, and June 30, 1938.

I trust that the foregoing explanation and statements will be sufficient to substantiate any discrepancies of the attached exhibits, I remain,
Sincerely,

State Highway Board of Georgia,

CFB:JH cc-Honorable W. L. Miller, Chairman.

By C. F. Bond, Statistician.

ce-O. G. Glover, Secretary-Treasurer.

EXHIBIT "B"
Hon. W. L. Miller, Chairman, State Highway Board of Georgia, Atlanta, Georgia.

January 26, 1937.

Dear Sir: Attached hereto are revised statements of disbursements and expenditures of
the Post Road Division for the calendar year 1938 and since organization to December 31, 1938, as reflected by the records of the Accounting Department.
Also attached is a commentary on the comparative percentages of disbursements and expenditures, with the Highway Department expenditures, as outlined by you.

CFB:RB

Yours very truly,
State Highway Board of Georgia, By C. F. Bond, Statistician.

TUESDAY, MARCH 7, 1939

1111

TOTAL DISBURSEMENTS Post Roads Division

Calendar Year 1938

Account

Disbursement

Surveys and Plans --------------------------------$ 137,900.05 *Construction -------------------------- ______________ 689,843.02

Equipment Purchases -------------------------- 18,253.50

Administration -------------------------------------- 85,522.03

Pet. to Total 14.80 74.05 1.96 9.19

Total Actual Disbursements --------$ 931,518.60

100.00

*Note: Supervisi<>n cost included in above c<>nstruction cost is 19.02 per cent; supervision cost on Highway Department construction was, last fiscal year, 5.70 per cent, the difference representing a potential savings of $91,899.21 if the Highway Department's average cost had prevailed.

TOTAL DISBURSEMENTS Post Roads Division

Since Organization to December 31, 1938

Account

Disbursement

Survey and Plans ____ ---------------------------$ 192,275.12

*Construction -------------------------- _________________ 695,357.28

Equipment Purchases ______

35,065.53

Administration __________________

117,230.83

Pet. to Total 18.49 66.86 3.37 11.28

Total Actual Disbursements ________$1,039,928.76

100.00

*Note: Supervision cost included in above construction cost is 19.14 per cent; supervision cost on Highway Department construction was, last fiscal year, 5.70 per cent, the difference representing a potential savings of $93,456.02, if the Highway Department's average cost had prevailed.

TOTAL EXPENDITURES Post Roads Division

Including County and W. P. A. Contract Participation 1938

Account

Disbursement

Surveys and Plans --------------------------------$ 137,900.05

*Construction ------------------------------------------ 1,334,784.17

Equipment Purchases -------------------------- 18,253.50

Administration -------------------------------------- 85,522.03

Pet. to Total 8.75
84.67 1.16 5.42

Total Expenditures ----------------------$1,576,459.75

100.00

*Note: Supervision cost included in above construction cost is 9.83 per cent; supervision c<>st on Highway Department construction was, last fiscal year, 5.70 per cent, the difference representing a potential savings of $55,123.58, if the Highway Department's average cost had prevailed.

1112

JOURNAL OF THE HOUSE,

TOTAL EXPENDITURES Post Roads Division

Including County and W. P. A. Contract Participation Since Organization to December, 1938

Account

Disbursement

Surveys and Plans -------------------------------$ 192,275.12

*Construction ------------------------------------------- 1,340,298.43

Equipment Purchases ------------------------- 35,065.53

Administration -------------------------------------- 117,230.83

Pet. to Total 11.41 79.55 2.08 6.96

Total Expenditures ----------------------$1,684,869.91

100.00

*Note: Supervision c08t included in above construction cost is 9.93 per cent; supervision cost on Highway Department construction was, last fiscal year, 5.70 per cent, the difference representing a potential savings of $56,694.62, if the Highway Department's average cost had prevailed.

The administrative cost of the Post Road Division for the calendar year 1938 not including county contract participation as shown by the attached is 9.19% or $85,522.03, which if compared to the administrative percentage of the Highway Department for the fiscal year 1937-38 of 1.857% of total disbursements of $931,518.60 or $17,298.30 would effect a difference of $68,223.73.

The Post Roads Division has not been charged with any pro rata part of the following administrative expenses now charged to the Highway Department, which for the fiscal year 1937-38 were as follows:

Commissioners ------------------------------------------------------------------$ 41,682.86 Accounts ------------------------------------------------------------------------------ 58,178.13 Statistics ------------------------------------------------------------------------------ 11,495.75 Purchasing -------------------------------------------------------------------------- 18,397.04 Collection of Revenue ------------------------------------------------------ 89,789.77

Total ---------------------------------------------------------------------------$219,543.55

The total expenditures of the Highway Department for the fiscal year 1937-38 amounted to $26,537,334.41, and for the same period the expenditures of the Post Roads Division, including county contract participation, were $477,005.60. The percentage of Post Roads expenditures therefore is 1.77% of the total expenditures. The administrative expenses of $219,543.55 now charged to the Highway Department which if prorated on the above basis of 1.77% would amount to $38,859.20.

The total estimated cash participation for construction work of the Post Roads

Division is as follows:

Participation

Amount

State -------------------------------------------------------------------------------$ 965,200.22 Federal ------------------------------------------------------ -------------------- 473,773.00

Total --------------------------------------------------------------------'----$1,438,973.22

TUESDAY, MARCH 7, 1939

1113

EXHIBIT "C"

(From the records of the Accounting Department of the State Highway Board of Georgia.)

Name of Employee

Personal Services

Travel Expenses

Adams, L. J. --------------------------------------------------------$ Adams, Ludlow C. ------------------------------- ------------- 676.62 Ansley, R. B. -------------------------------------------------------- 77.42 Barfield, E. H., Jr. -------------------------------------------- 85.00 Bearden, J. T. ---------------------------------------------------- 38.39 Beck, C. P. ----------------------------------------------------------- 2,012.50 Beeland, Sidney -------------------------------------------------- 16.93 Blitch, T. N. -------------------------------------------------------- 150.00 Breen, R. M. -------------------------------------------------------- 56.45 Cartee, W. H. ----------------------------------------------------- 140.00 Chambliss, Roy L. --------------------------------------------- 100.00 Council, E. B., Jr. --------------------------------------------- 225.00 Crowell, T. A. ------------------------------------------------------ 60.97 Domingas, J. M. -------------------------------------------------- 145.00 Douglass, W. 0. -------------------------------------------------- 135.00
Duncan, George A., Jr. -----------------------------------Fitten, J. T., Jr. ---------------------------------------------- 229.17 Folsom, Sidney -------------------------------------------------- 33.87
Hitchcock, C. 0. ------------------------------------------------Hutcheson, A. V., Jr. ---------------------------------------- 102.50 Ingram, G. M. ---------------------------------------------------- 137.50 Jones, Howell ----------------------------------------------------- 137.50 Jones, Philip -------------------------------------------------------- 75.00 Larus, Tommy ____________ -------------------------------------- 75.00 Lee, Franklin ------------------------------------------------------- 125.00 Leverette, W. E. ------------------------------------------------- 72.26 McLendon, W. A.------------------------------------------------ 32.00 Marshall, J. T., Jr. ------------------------------------------Mathis, Donald Q. -------------------------------------------- 318.07 Merriam, Lucius ----------------------------------------------Morrow, W. L. -------------------------------------------------- 270.00 Mozley, J. H. -------------------------------------------------------- 75.00 Outland, W. A. -------------------------------------------------- 160.00 Page, H. S., Jr.--------------------------------------------------- 40.65 Paulk, W. W. -------------------------------------------------------- 102.50 Petty, Ed. -------------------------------------------------------- 29.03 Phelps, W. E. ----------------------------------------------------- 52.42 Poe, A. J., Jr. ----------------------------------------------------- 331.45
Price, Joe ------------------------------------------------------------Prude, Alonzo B. ----------------------------------------------- 185.00 Simpson, J. R. --------------------------------------------------- 33.87 Stephens, B. F. ------------------------------------------------- 75.00

$ 161.60
873.80 28.35 35.10 84.75 48.75
58.15
2.95 26.35 15.60
166.55 42.30 24.20 10.69 20.25
55.30

1114

JOURNAL OF THE HOUSE,

Stover, Ray ---------------------------------------------------------Thrash, J. L. -------------------------------------------------------Tipton, Gerald ----------------------------------------------------Ward, W. C. -------------------------------------------------------West, J. G. --------------------------------------------------------Whigham, W. D. ----------------------------------------------White, A. P. ______c _________________________________________________
Winstead, C. S. ---------------------------------------------------Word, Phillip -----------------------------------------------------Wright, M. 0. ----------------------------------------------------

102.50 2,503.23
33.87 170.83 229.17 1,102.01 366.67

796.88
60.85 39.90

Totals --------------------------- ------------------------------$11,120.35

$ 2,552.32

Note: The above are amounts, according to the records of the Alccounting Department of the State Highway Board of Georgia, of salaries and expenses of the above named employees as charged against the Post Road Division as of June 30, 1938.

EXHIBIT "A"

STATUS REPORT OF POST ROADS DIVISION

The figures quoted in the Atlanta Journal of recent date from information compiled by the Accounting Department of the State Highway Department and furnished to the Economy Committee by Mr. W. L. Miller, Chairman of the State Highway Board, did not represent the true facts regarding the Post Roads Division.

The Journal quoted the Committee as saying that the figures submitted by Mr. Miller showed the administration cost of the Post Roads Division to be 9.19 per cent and the cost of supervision to be 19.02 per cent.

When I read those figures in the paper, I conferred with the Accounting Department, after receiving authority from Mr. Miller to do so, and was furnished a copy of the figures prepared by them and furnished Mr. Miller.

One of the three pages of this report showing the 9.19 per cent for administration and 19.02 for supervision included ALL of the expenses of supervision and administration for completed work to the value of $1,334,784.17, but gave the Post Roads Division credit for the supervision of only $689,843.02, about one half of the completed work for which the Post Roads Division had actually furnished surveys, plans, specifications, supervision and had administered.
There was another sheet showing the $1,334,784.17 of completed work and this sheet showed 5.42 per cent for administration and 9.83 per cent for supervision. This was nearer the true picture with the inaccurate figures they were using.
In checking the charges against the Post Roads Division, from the records of the Accounting Department of the State Highway Department as shown in the auditor's report, I find that the Post Roads Division, for the fiscal year, has been overcharged by $47,119.32, for salaries and $5,800.40 for expenses.

TUESDAY, MARCH 7, 1939

1115

This error was made by the Accounting Department charging to the Post Roads Division the full twelve months for men transferred to this department from the State Highway Department, whereas, in some instances these men were actually with the Post Roads Division two weeks of the year, as shown in the following tabulation:

Correction of Salaries and Expenses of Employees Transferred From

Other Divisions of the State Highway Department to the Post

Roads Division for the Fiscal Year Ending June 30, 1938.

From Report of Examination by State Auditor for Year
Ending June 30, 1938.

Salary and Expenses for Time Actually With the Post Roads Division.

Name of

Time

Employee

Months

Adams, L. J --------------- 7 Adams, Ludlow C.______ 11 Ansley, R. B.________________ 12

Barfield, E. H., Jr. ______ 12
Bearden, J. T._____________ 12
Beck, c. P. __________________ 12
Beeland, Sidney__________ 12 Blitch, T. N. _______________ 9 Breen, R. M. ________________ 8% Cartee, W. H.______________ 12

Chambliss, Roy L.______ 12 Council, E. B. ______________ 12 Crowell, T. A.______________ 12
Domingos, J. M. __________ 12
Douglass, w. o.__________ 12

Duncan, Geo. H., Jr. ____ 10 Fitten, J. T. ________________ 10

Folsom, Sidney____________ 8 Hitchcock, C. 0. _________ 7
Hutcheson, A. V., Jr. __ 9 Ingram, G. M.______________ 12 Jones, Howell _____________ 8 Jones, Phillip______________ 12 Larus, Tommy____________ 12 Lee, Franklin______________ 12
Leverette, W. B.__________ 12

McLendon, W. A. ________ 12

Marshall, J. T., Jr. _____ 12
Mathis, Donald Q.______ 12 Merriam, Lucius__________ 9% Morrow, W. L.___________ 12 Mozley, J. H.________________ 9%

Personal Services
$ 517.50 1,663.72 1,740.00 1,020.00 1,077.74 2,087.50 900.00 1,350.00 1,018.95 1,610.00 1,200.00 1,800.00 1,620.00 1,737.00 1,620.00 750.00 1,274.19 583.23 667.74 675.00 900.00 600.00 900.00 875.00 1,500.00 1,850.67 1,832.00 1,625.00 1,143.Q7 717.77 1,610.00 723.39

Travel Time Personal Travel

Expenses Months Services Expenses

$

$

$

161.60 5%

851.60

161.60

455.65 1%

150.00

26.15

2

170.00

1%

123.39

873.80 12

2,087.50

873.80

1%

91.94

199.39 2

300.00

61.95

16.70 1%

181.45

16.70

405.30 2

280.00

52.75

188.97 2

200.00

412.89 2%

375.00

137.90

531.36 1%

195.97

44.45

520.41 2

290.00

93.95

339.45 2

270.00

122.66

1

75.00

58.15 3

354.17

58.15

1%

108.87

170.34 1

90.00

17.23

2%

177.50

3

212.50

3

212.50

2

150.00

2

150.00

296.97 2

250.00

61.40

449.53 Ph

232.26

54.10

241.70 %

112.00

14.00

142.10 1

150.00

17.76

168.80 4

400.00

168.80

%

27.50

265.05 3

405.00

58.35

2

150.00

1116

JOURNAL OF THE HOUSE,

Name of

Time

Employee

Months

Outland, W. A. ____________ 12

Page, S. H., Jr.__________ 12 Paulk, W. W._______________ 12 Petty, E<.L___________________ 12 Phelps, W. E. ________________ 9

Poe, A. J., Jr.______________ 12

Price, Joe______________________ 7

Prude, Alonzo B.________ 12

Simpson, J. R.______________ 8

Stephens, B. F.____________ 8 Stover, Ray__________________ 11

Thrash, J. L.________________ 12

Tipton, Gerald____________
Ward, W. c.________________

9 101;2

West, J. G.____________________ 6

Whigham, w. D. _______ 10%

White, A. P. ________________ 12

Winstead, C. S.____________ 7%
Word, Philip________________ 12 Wright, M. 0.____________ 61h

Personal Travel Time

Services Expenses Months

1,910.00

553.05 2

1,080.00

131.69 Ph

900.00

2%

1,200.00

415.55 1

1,125.00

101.40 Ph

900.00

5%

551.61

1

2,220.00

492.35 2

605.00

Ph

585.48

2

812.90

2%

2,300.00

754.60 12

652.50

1%

1,302.43

.75 2%

787.50

3

1,102.01

60.85 10%

2,406.45

397.06 3

1,315.32

100.90 1

1,320.00

123.40 1h

450.49

1h

Personal Services
320.00 130.64 177.50 100.00 177.40 406.45
75.00 370.00 108.85 150.00 177.50 2,300.00 108.87 295.83 354.17 1,102.01 566.67 175.00
36.67 36.67

Travel Expenses
78.45 48.03 72.93
113.40
754.60 .75
60.85 48.85
9.80

Totals ______________________

$62,716.15 $ 9,029.76

$15,993.38 $ 3,229.36

Salaries
Auditor's Report ------------------------------------------------------------------$62,716.15 From Payrolls ---------------------------------------------------------------------- 15,993.38 Overcharge ------------------------------------------------------------------------- 46,722.77

Expenses Auditor's Report ____________ ----------------------------------------------------$ 9,029.76 Actual Expenses ---------------------------------------------------------------- 3,229.36 Overcharge ----------------- ------ ------------------------------------------- 5,800.40

Salaries Auditor's Report --------------------------$207,481.37 Overcharge ---------------------------------- 46,722.77 Correct ---------------------------------------- 160,758.60

Expenses $ 36,045.34
5,800.40 30,244.94

Total $234,526.71
52,423.17 191,003.54

When these errors are corrected and the Post Roads Division given credit for the true amount of completed work for which we have furnished surveys, plans and supervision, there is shown the following cost of operation which illustrates a gradual reduction of administration and supervision cost as the work progresses:

Cost From Organization Through December, 1938

Construction (Monthly Statements) -------------------------$1,458,955.06 Construction Supervision -------------------------------------------- 126,493.36 or 8.67%

Sub-total ------------------------------------------------------------------$1,585,448.42

82.7%

TUESDAY, MARCH 7, 1939

Testing -----------------------------------------------------------------------------Surveys and Plans ---------------------------------------------------------Equipment Purchases --------------------------------------------------Administration --------------------------------------------------------------

4,397.99 179,680.89 35,065.53 112,666.24

1117
0.2 9.4 1.8 5.9

Total --------------------------------------------------------------------------$1,917,259.07

100.0%

Note: This includes nine months of 1937 (organization period) when no

construction was under way.

Cost From January, 1938, Through December, 1938 Construction (Monthly Statements) ----------------------------$1,431,034.18 Construction Supervision -------------------------------------------- 125,108.14 or 8.74%

Sub-total -------------------------------------------------------------------$1,556,142.32 Testing ---------------------------------------------------------------------------- 4,237.99 Surveys and Plans --------------------------------------------------------- 132,223.00 Equipment Purchases ------------------------------------------------- 17,153.50 Administration --------------------------------------------------------------- 79,015.77

87.0% 0.2 7.4 1.0 4.4

Total -------------------------------------------------------------------------$1,788,722.58

100.0%

Note: Construction began in January of this year, 1938, but was very light until June.

Cost From July 1, 1938, Through December, 1938

Construction (Monthly Statements) -------------------------$1,115,979.84 Construction Supervision -------------------------------------------- 86,268.18 or 7.73%

Sub-total ----------------------------------------------------------------- $1,202,248.02
Testing ----------------------------------------------------------------------------- 3,739.76 Surveys and Plans --------------------------------------------------------- 61,022.76 Equipment Purchases -------------------------------------------------- 1,100.00 Administration ---------------------------------------------------------------- 44,245.23

91.6% 0.3 4.6 0.1 3.4

Total ------------------------------------------------------------------------$1,312,355.77

100.0%

Note: Construction was well under way the last six months of 1938 as is indicated by the reduction of the percentage of both Administration costs and construction supervision costs.

Cost of December, 1938

Construction (Monthly Statements) -------------------------$ 255,873.06 Construction Supervision ---------------------------------------------- 16,420.34 or 6.42%

Sub-total ------------------------------------------------------------------$ 272,293.40

Testing -----------------------------------------------------------------------------

859.79

Surveys and Plans -------------------------------------------------------- 9,371.12

Equipment Purchases ------------------------------------------------

0.00

Administration ---------------------- --------------------------------------- 7,790.65

93.8% 0.3 3.2 0.0 2.7

Total ------------------------------------------------------------------------$ 290,314.96

100.0%

1118

JOURNAL OF THE HOUSE,

You will note that for the month of December, 1938, the administration cost has dropped from 5.9 per cent (this includes the nine months organization period of 1937 when no construction was completed) to 2.7 per cent and the supervision cost from 8.67 per cent to 6.42 per cent.
The administration per cent of the Post Roads Division will decrease as the volume of construction increases but the construction supervision percentage will remain at approximately 6.42 per cent, slightly more than the amount shown for the last fiscal year of the Highway Department, which is, 5.7 per cent.
The engineering supervision of the low cost type of projects handled by the Post Roads Division will necessarily be more in percentage than the engineering supervision cost of the more expensive projects handled by the Highway Department.
I wish to call your attention to the fact that the State Auditor's report showing the salaries and travel expenses for the General Office, the seven divisions of the State Highway Department and the Post Roads Division for the fiscal year ending June 30, 1938, includes April, May and June, 1937, for the Post Roads Division and is, therefore, for a fifteen month period and when the error in charges is deducted from the Post Roads Division and added to the seven divisions of the State Highway Department, the $207,481.37, as shown in the report for this fifteen month period, actually will be $160,758.60 for salaries and the $36,045.34 for travel expense will actually be $30,244.94, making a total of $191,003.54, chargeable to the Post Roads Division for travel and salaries for the fifteen month period after deducting the $52,523.17 error. This total includes general office and division salaries and travel expenses operating in !59 counties of the State.

The Post Roads Division has completed 224 surveys with a total mileage ef 1093.86. The average length of each project is 4.88. Surveys have been made in every county in the State-159. There has been completed 38 projects and there are now under construction 121 projects.

Salaries and Travel Expenses of General Office, Seven Divisions and Post Roads Division, Period Ending June 30, 1938, as Shown in State Auditor's Report, With Corrections of Post Roads Statement.

Active Projects
General Office First Division ------------------- 47 Second Division __________________ 41
Third Division -------------------- 38 Fourth Division ---------------- 30 Fifth Division ____________________ 50 Sixth Division ____________________ 56 Seventh Division ________________ 39

Salaries
$410,130.00 249,595.00 202,537.00 156,165.00 191,545.00 232,200.00 214,204.00 260,439.00

Travel Expense
$ 28,098.00 28,918.00 23,426.00 22,629.00 26,091.00 35,092.00 26,987.00 36,072.00

Total
$438,228.00 278,513.00 225,963.00 178,794.00 217,636.00 267,292.00 241,191.00 296,511.00

$2,144,128.00

Post Roads ________________________121 *Post Roads Corrections _
Correct Charges --------------

$207,481.37 46,722.77 160,758.60

$ 36,045.34 5,800.40
30,244.94

$243,526.71 52,523.17
191,003.54

$ 191,003.54
*Note: The $52,523.17 correction of the Post Roads charges must be subtracted from the total charged in this department as shown in the Auditor's Report and charged to the divisions.

Illustration No. l shows d1strubution of dollar as spent from date of organizatien through December, 1938.
Illustration No, 2 shows distribution of dollar as spent during the month of Decem_ber, 1938.

N0.1

Xote the reduction in expenditures for
Administration and Construction.

N0.2.

1120

JOURNAL OF THE HOUSE,

The hour of adjournment having arrived, the Speaker announced the House adjourned until tomorrow morning at 9:00 o'clock, and House Bill No. 435 went over until that time under the order of unfinished business.

WEDNESDAY, MARCH 8, 1939

1121

Representative Hall, Atlanta, Ga.,

Wednesday, March 8th, 1939.

The House met pursuant to adjournment this day at 9:00 o'clock, A. M., was called to order by the Speaker and opened with prayer by the Chaplain.

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

Aiken Allen Allison of Gwinnett Allison of White Almand Ansley Atkinson Barlow Barrett Beck Bell Bennett of Clarke Bennett of Ware Binion Blackshear Blease Bloodworth Boyd of Cook Boyd of Greene Branch Bray Brooks of Jackson Brooks of Oglethorpe Bruce Bush Bynum Campbell Candler Carmichael of Butts Carmichael of Cobb Carrington Carter Chappell Cheney Clark Clary Claxton Clements of Calhoun Clements of Marion

Clements of Wheeler Cobb Connell Conner Coogler Cook Corbett Culpepper of Fayette Culpepper of Mitchell Curry Dallis Daughtry Davidson Davis of Coweta Davis of Floyd Dean DeFoor Dickerson Dockery Douglass Drake Drinkard
Ea~ley
Edwards of Lowndes Edwards of Taylor Elliott English Ennis, J. H. Ennis, l\tlarion Etheridge of Baker Etheridge of Fulton Etheridge of Houston Evans of Laurens Evans of McDuffie Ferguson of Camden Ferguson of Sumter Flanders Ford Forrester of Crisp

Forrester of Dade Foster Fowler of Douglas Fowler of Treutlen Franklin of Bulloch Franklin of Polk Gaines Gavin Gill Goddard Goolsby Gowen Graham Grant Grayson Greene Grice Griffin Gross of Stephens Gross of Washington Guyton Harden Hardman Harrison of Crawford Harrison of Jenkins Harvey Hatchett Hayes Henderson Herndon Hill Hinson Holtzendorff Howard Jackson Joel Johnson Jones of Brantley Jones of Paulding

1122

JOURNAL OF THE HOUSE,

Jones of Richmond Kaigler Kelley Kendrick Kennedy Key Kimbrough King Lanham Lanier Lewis Looper Lovett Mankin Marshall Mason Maxwell McBride McCracken McDaniel McGraw McNall Merritt Middleton Miller Mills Moore of Lumpkin Moore of Taliaferro Morgan Mosely

Moss Pannell Parham Parker Pharr Pierce Pilcher Preston Purdy Ragan Rawlins Rees Reid Rogers Rossee Roughton Rountree Sabados Sams Sanders Sapp Sartain Saundt'rs Scott Simmons Smiley Smith of Henry Smith of Schley Stiles Strickland of Haralson

Strickland of Pierce . Summerour Sumner Swindle Tate Terrell Thigpen of Evans Thigpen of Glascock Thornton Tippins Tipton Tomlinson Trippe Turner Vickery Wages Warren Wells Whipple Whitaker Wiggins Williams of Bacon Williams of Ware Wohlwender Wright Yawn Yeomans Mr. Speaker

Mr. Coogler of Clayton, 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 period of unanimous consents:

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

2. Report of Standing Committees.

3. Second reading of bills and resolutions, favorably reported.

4. Third reading and passage of local uncontested bills and resolutions of the House and Senate.
5. First reading and reference of Senate bills and resolutions,

WEDNESDAY, MARCH 8, 1939

1123

By unanimous consent, the following bills and resolutions of the House were introduced, read the first time and referred to the Committees:
By Mr. Easley of Whitfield-
House Bill No. 768. A bill to be entitled an Act to incorporate the Town of Twin Lakes in Whitfield County; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Easley of Whitfield-
House Bill No. 769. A bill to be entitled an Act to amend the several Acts incorporating the City of Dalton; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Bush of Mitchell-
House Bill No. 770. A bill to be entitled an Act to amend the "Highway Mileage" Act by adding to the Traylor-Neill map a continuation of State Highway No. 93 ; and for other purposes.
Referred to Committee on Public Highways No. 1.
By Messrs. Morgan and Dallis of Troup--
House Bill No. 771. A bill to be entitled an Act to more fully care for and protect livestock; and for other purposes.
Referred to Committee on General Agriculture No. 1.
By Mr. Thigpen of Glascock-
Hause Bill No. 772. A bill to be entitled an Act to amend Article 11, Section 4, Paragraph 1, of the Constitution authorizing and directing the removal of the State Capitol from Atlanta to the City of Mitchell, and establishing the City of Mitchell, as the State Capitol of Georgia; and for other purposes.
Referred to Committee on Privileges and Elections.
By Mr. Hatchett of Meriwether-
Hause Bill No. 773. A bill to be entitled an Act to amend an Act entitled "An Act to amend an Act approved February 17, 1877, to constitute a Board of Commissioners for the County, as amended," by providing for the employment of a Clerk of the Board; and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Sabados and Allen of DoughertyHouse Bill No. 774. A bill to be entitled an Act to provide that in any city
in Georgia having a certain population the governing body, or the body of persons in charge of the business and fiscal affairs of the municipality shall be authorized

1124

JOURNAL OF THE HOUSE,

and have authority to take over by deed, lease, contract, agreement, grant or otherwise, the operation and maintenance of any hospital now in existence, or now maintained and/or located in said municipality; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Carrington of Barrow-
House Bill No. 775. A bill to be 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 Messrs. Evans and Lovett of Laurens-
House Bill No. 776. A bill to be entitled an Act to amend Section 45-505 of the Code of Georgia of 1933, which prohibits fishing by certain means in any of the fresh waters of the state, except private ponds; and for other purposes.
Referred to Committee on Game and Fish.
By Mr. Culpepper of Fayette-
House Bill No. 777. A bill to be entitled an Act to repeal an Act entitled "An Act to create and establish a state-wide general election in addition to those elections now provided for under existing laws, to provide how and when held"; and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Mr. Vickery of Charlton-
House Bill No. 778. A bill to be entitled an Act to impose a license upon persons engaged in the business of operating ambulance services in Georgia; and for other purposes.
Referred to Committee on Motor Vehicles.
By Mr. Carmichael of Cobb-
House Bill No. 779. A bill to be entitled an Act to amend Section 21 of the Act known as the "Housing Authorities Law" of the Acts of 1937, page 210, to provi3e for the collection of taxes of governmental agencies doing business in Georgia under the "Housing Authorities Law"; and for other purposes.
Referred to Committee on State of Republic.
By Mr. Tippins of Wilcox-
House Bill No. 780. A bill to be entitled an Act to amend the charter for the Town of Abbeville; and for other purposes.
Referred to Committee on Municipal Government.

WEDNESDAY, MARCH 8, 1939

1125

By Mr. Douglass of Talbot-
House Bill No. 781. A bill to be entitled an Act to amend an Act entitled "An Act to abolish the offices of Tax Collector and Tax Receiver of Talbot County; to create the office of Tax Commissioner of said county, etc."; and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Candler, Sams and Turner of DeKalb-
House Bill No. 782. A bill to be entitled an Act to amend an Act creating a new charter for the City of Decatur; and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Hatchett and McGraw of Meriwether-
Hause Bill No. 783. A bill to be entitled an Act to repeal an Act providing for the holding of four terms of the Superior Court of 1\/leriwether County each year; and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Evans of McDuffie-
Hause Bill No. 784. A bill to be entitled an Act to provide the manner in which the Justices of the Peace and Notaries shall be compensated ih criminal cases in McDuffie County; and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Parker and Barlow of Colquitt-
House Bill No. 785. A bill to be entitled an Act to amend the charter of the City of Doerun in Colquitt County; and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. McGraw and Hatchett of MeriwetherHause Resolution No. 177-779 A. A resolution to propose to the voters of
Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution so as to authorize the City of Greenville to incur a bonded indebtedness; and for other purposes.
Referred to Committee on Amendments to Constitution No. 2.
By Mr. Kennedy of TattnallHouse Resolution No. 178-780A. A resolution proposing to the voters of
Georgia for ratification or rejection an amendment to Article VII, Section 2, of the Constitution, exempting from all ad valorem taxation except special assessments and taxation for any bonded indebtedness, an homestead not exceeding $2000.00 in value; and for other purposes.

1126

JOURNAL OF THE HOUSE,

Referred to Committee on Amendments to Constitution No. 1.
Mr. Carmichael of Cobb 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. 727. Do pass.

Respectfully submitted,

Carmichael of Cobb, 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 resolution of the House, to-wit:

House Bill No. 704.

House Resolution No. 176.

Respectfully submitted,

Sartain of Walker, Chairman.

Mr. Ansley of Lee 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 bills and resolution of the House, to-wit:

House Bills Nos. 141, 152, 209, 279, 348, 350, 355, 361, 475, 477, 509, 512, 514, 545.

House Resolution No. 141-533 A. Respectfully submitted, Ansley of Lee, Chairman.

l\1r. Swindle of Berrien 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

WEDNESDAY, MARCH 8, 1939

1127

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. 648. Do pass.

House Bill No. 732. Do not pass. Respectfully submitted, Swindle of Berrien, Chairman.
Mr. McNall of Chatham County, Vice-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 Vice-Chairman, to report the same back to the House with the following recommendation:

House Bill No. 576. Do pass. Respectfully submitted, MeNall of Chatham, Vice-Chairman.

Mr. Hatchett of Meriwether County, Vice-Chairman of the Committee on Education No. 2, submitted the following report:

Mr. Speaker:
Your Committee on Education 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. 568. Do pass by substitute.

Hatchett of Meriwether, Vice-Chairman.

Mr..McGraw of Meriwether County, Chairman of the Committee on General Judiciary No. 2, submitted the following r"port:
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. 466. Do not pass.

House Bill No. 526. Do pass.

House Bill No. 533. Do not pass.

House Bill No. 692.

Do not pass. Respectfully submitted, McGraw of Meriwether, Chairman.

1128

JOURNAL OF THE HOUSE,

Mr. Sams of DeKalb County, Chairman of the Committee on Municipal Government, submitted the following report:
Mr. Speaker: Your Committee on l\1unicipal 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. 738. Do pass by substitute.
House Bill No. 757. Do pass. Respectfully submitted,
Sams of DeKalb, Chairman.
Mr. Thigpen of Glascock 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 House and have instructed me, as Chairman, to report the same back to the House with the following recommendation:
House Bill No. 711. Do pass.
Respectfully submitted,
Thigpen of Glascock, Chairman.
Lovett of Laurens 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 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. 746. Do pass. House Resolution No. 149-SSOA. Do pass by substitute.
Respectfully submitted,
Lovett of Laurens, Chairman
Mr. Rees of Webster 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

WEDNESDAY, MARCH 8, 1939

1129

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. 522. Do pass.

House Bill No. 531. Do pass.

House Bill No. 530. Do pass.

House Resolution No. 166-670 A. Do pass.

Respectfully submitted,

Rees of Webster, Chairman.

Mr. Hayes of Miller 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. 683. Do pass.

Respectfully submitted, Hayes of Miller, Chairman.

Mr. Edwards of Lowndes County, Chairman of the Committee on State of Republic, submitted the following report:
Mr. Speaker: Your Committee on State of Republic have had under consideration the fol-
lowing 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. 446.

Do pass as amended. Respectfully submitted, Edwards of Lowndes, Chairman.

Mr. Dean of Rockdale County, Chairman of the Committee on Uniform State Laws, submitted the following report:

Mr. Speaker: Your Committee on Uniform State Laws 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. 649. Do pass by substitute.

House Bill No. 713.

Do pass. Respectfully submitted, Dean of Rockdale, Chairman.

1130

JOURNAL OF THE HOUSE,

Mr. Bennett of Ware County, Chairman of the Committee on University System of Georgia, submitted the following report:
Mr. Speaker:
Your Committee on University System of Georgia have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the House with the following recommendation:
House Bill No. 13. Do not pass.
Respectfully submitted,
Bennett of Ware, Chairman.
By unanimous consent, the following bills and resolutions of the House, favorably reported, were read the second time:
By Messrs. Henderson of Irwin, Hill of Screven and Kennedy of Tattnall-
House Bill No. 446. A bill to: be entitled an Act to reduce State Employees' salaries ; and for other purposes.
By Messrs. Yawn and Wiggins of Dodge-
House Bill No. 522. A bill to be entitled an Act to require State Department of Public Welfare to reimburse the several county and district welfare departments for all expenditures pursuant to the provisions of the "Old Age Assistant Act"; and for other purposes.
By Mr. Rawlins of Telfair-
Hause Bill No. 526. A bill to be entitled an Act to amend title 52, Code of 1933, relating to liens in favor of Taverns, etc., so as to extend the provisions of said title to hospitals; and for other purposes.
By Messrs. Yawn and Wiggins of Dodge-
House Bill No. 530. A bill to be entitled an Act to require the State Department of Public Welfare to r_eimburse the several county and district public welfare d~partments for amounts expended pursuant to the provisions of the "Aid to Dependent Children Act" (Georgia Laws 1937, pages 630-638); and for other purposes.
By Messrs. Yawn and Wiggins of Dodge-
House Bill No. 531. A bill to be entitled an Act to require the State Department of Public Welfare to reimburse the several county and district public welfare departments for amounts expended pursuant to the provisions of the "Aid to Blind Act" (Georgia Laws 1937, pages 568-579); and for other purposes.
By Mr. Rees of Webster-
House Bill No. 568. A bill to be entitled an Act to amend an Act approved

WEDNESDAY, MARCH 8, 1939

1131

Eebruary 10, 1937, to equalize educational opportunities, by adding a proviso to
Section 5 of said Act that there be no diminution in State aid by reason of reduction
of number of teachers below the minimum provided; and for other purposes.
By Mr. Griffin of Wilkes-
House Bill No. 576. A bill to be entitled an Act to amend an Act approved March 12, 1935, regulating the trapping of predatory fur-bearing animals in counties with population of 15,944~1_5,934; and for other purposes.
By Mr. Grant of Habersham-
House Bill No. 648. A bill to be entitled an Act to amend Code Section 5-706 so as to provide that the State Entomologist shall visit and inspect infested trees and plants; and for other purposes.
By Mr. Campbell of Newton and Gill of Bryan-
House Bill No. 649. A bill to be entitled an Act to reguiate political primary elections for the nomination of candidates for the State Senate; and for other purposes.
By Mr. Swindle of Berrien-
House Bill No. 683. A bill to be entitled an Act to create and establish the City Court of Nashville in the County of Berrien; and for other purposes.
By Messrs. Yawn and Wiggins of Dodge-
House Bill No. 711. A bill to be entitled an Act to amend Georgia Laws 1937, page 1312, regulating the holding of primary elections, by providing when said primary elections shall be held for the selection of county officers ; and for other purposes.
By Mr. Dean of Rockdale -
House Bill No. 713. A bill to be entitled an Act to amend an Act to make comprehensive provision for an integrated tax administration for Georgia; to create the Department of Revenue and the office of State Revenue Commissioner; and for other purposes.
By Mr. Swindle of Berrien-
House Bill No. 727. A bill to be entitled an Act to amend Article 7, Section 7, Paragraph 1, of the Constitution so as to authorize the City of Ray City to incur a bonded indebtedness in addition to that heretofore authorized; an~ for other purposes.
By Mr. Atkinson of Chatham-
House Bill No. 738. A bill to be entitled an Act to revise, alter and amend the several Acts incorporating the Town of Tybee, now known as Savannah Beach, Tybee Island, Georgia; and for other purposes.

1132

JOURNAL OF THE HOUSE,

By Mr. Brooks of Oglethorpe-
House Bill No. 746. A bill to be entitled an Act to add a certain road in Oglethorpe County to the State Highway System known as Neill-Traylor Map; and for other purposes.
By Messrs. Atkinson, Grayson and MeN all of Chatham-
House Bill No. 757. A bill to be entitled an Act to amend the several Acts incorporating and relating to the Mayor and Aldermen of the City of Savannah; and for other purposes.
By Messrs. Claxton of Johnson, Rountree and Flanders of Emanuel and Gross of Washington-
House Resolution No. 149-550 A. A resolution proposing to change name of Ball's Ferry Bridge to Charles D. Rountree Bridge; to mark same; and for other purposes.
By Mr. Etheridge and Mrs. Mankin of Fulton-
House Resolution No. 166-670 A. A resolution authorizing and directing the Director of Veterans Service to effect transfer of Veterans; 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. Stiles of FanninHouse Bill No. 344. A bill to be entitled an Act to amend an Act entitled "An
Act to create the Office of Commissioner of Roads and Revenues of Fannin County" by striking from Line 2 of Section 5 thereof the figures $600.00 and inserting in lieu thereof the figures $840.00; 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.
By Mr. Lovett of Laurens-
House Bill No. 501. A bill to be entitled an Act to authorize the Board of Commissioners of Roads and Revenues of Laurens County to employ a County Attorney; and for other purposes.
The report of the Committee, which was favorahle 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.

WEDNESDAY, MARCH 8, 1939

1133

By Mr. Jones of BrantleyHouse Bill No. 712. A bill to be entitled an Act to amend Georgia Laws 1937,
Page 394, entitled an Act to abolish the offices of Tax Receiver and Tax Collector of Brantley County, and create the office of Tax Commissioner; and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Allison and Pharr of GwinnettHouse Bill No. 716. A bill to be entitled an Act to repeal an Act incorporating
the Town of Lilburn, in the County of Gwinnett, 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 107, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Jones of PauldingHouse Bill No. 717. A bill to be entitled an Act to create a new Charter for
the Town of Dallas; and for other purposes.
The following amendment to House Bill No. 717 was read and adopted:
Mr. Jones of Paulding moves to amend House Bill No. 717 by striking from Section 25 in Line 9, the following:
"One ($1.00) dollar" and inserting in lieu thereof the following "two ($2.00) dollars".
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 Messrs. Sabados and Allen of DoughertyHouse Bill No. 718. A bill to be entitled an Act to provide for and empower
the City of Albany to furnish aid and relief and pensions to all officers, agents and employees of said City; and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.

1134

JOURNAL OF THE HOUSE,

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. Kennedy of Tattnall-
House Bill No. 719. A bill to be entitled an Act to amend the Charter of the City of Glennville; and for other purposes.
The report 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. Boyd of Greene-
House Bill No. 721. A bill to be entitled an Act to create a new Charter for the City of Greensboro; and for other purposes.
The report 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 Pharr of Gwinnett-
House Bill No. 733. A bill to be entitled an Act to amend Georgia Laws 1923,
pages 775-780, changing the corporate limits of the Town of Snellville; and for
other purposes.
The report 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. Rawlins of Telfair-
House Bill No. 734. A bill to be entitled an Act to amend Georgia Laws 1931,
pages 566-574, so as to fix the fees to be charged by the Sheriff of Telfair County
for dieting prisoners; and for other purposes.
The report 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 Messrs. Allison and Pharr of Gwinnett-

WEDNESDAY, MARCH 8, 1939

1135

House Bill No. 737. A bill to be entitled an Act to incorporate the Town of Sugar Hill, in the County of Gwinnett, 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 111, the nays 0.
By Mr. Ferguson of Camden-
House Bill No. 739. A bill to be entitled an Act granting to the Commissioners of Roads and Revenue of Camden County authority to zone and district the County; and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was a.greed 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. Harris, Jones and Lanier of Richmond-
House Bill No. 743. A bill to be entitled an Act to amend the Charter of the City of Augusta so as to authorize the City Council of Augusta to make temporary loans and provide for their repayment; and for other purposes.
The report 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. Culpepper of Fayette-
House Bill No. 744. A bill to be entitled an Act to amend the Act incorporating the Town of Tyrone, 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 114, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Parker and Barlow of Colquitt-
House Bill No. 747. A bill to be entitled an Act to amend an Act creating a City Court of Colquitt County; and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 114, the nays 0.

1136

JOURNAL OF THE HOUSE,

The bill having received the requisite constitutional majority was passed.
By Messrs. Sams, Candler and Turner of DeKalb-
House Bill No. 748. A bill to be entitled an Act to amend the Charter of the City of Pine Lake, in DeKalb County; and for other purposes.
The report of the Committee, which wa~ favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were liS, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Senator Millican of the 52nd District-
. Senate Bill No. 149. A bill to be entitled an Act to amend the 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 116, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Senator Holt of the 3rd DistrictSenate Bill No. 171. A bill to be entitled an Act to authorize the City of Baxley
to create a City Authority by city ordinance; and for other purposes.
The report 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 unanimous consent, the following bills of the Senate were read the first time and referred to the Committees:
By Senators Millican of the 52nd, Abbot of the 18th and Sanders of the 36th Districts-
Senate Bill No. 126. A bill to be entitled an Act to amend Section 30-102 (2945) "Grounds for Total Divorce" of Georgia Code of 1933, by adding an additional ground of the Number 9, providing for a total divorce when either party JS adjudged insane by a commission or court; and for other purposes.
Referred to Committee on General Judiciary No. l.
By Senator Manning of the 39th DistrictSenate Bill No. 189. A bill to be entitled an Act to amend an Act authorizing
the Mayor and Council of Marietta to have held by the qualified voters an election to determine whether or not bonds shall be issued; and for other purposes.

WEDNESDAY, MARCH 8, 1939

1137

Referred to Committee on Municipal Government.
The following bill of the House was placed on the calendar for the purpose of disagreeing to the unfavorable report of the Committee:
By Messrs. Evans of McDuffie and Allen of Dougherty-
House Bill No. 13. A bill to be entitled an Act to give recogmtwn by the State of Georgia to the valor and patriotism of the veterans who served in the United States Army from the State of Georgia in the World War; and for other purposes.
The following bill of the House was taken up for the purpose of considering the Senate amendment thereto:
By Mr. Yawn of Dodge-
House Bill No. 141. A bill to be entitled an Act to amend an Act creating a Charter for the City of Eastman, by providing for a City Manager; and for other purposes.
The following Senate amendment to House Bill No. 141, was read and agreed to:
The Senate moves to amend House Bill No. 141 by striking therefrom Section 2 in its entirety and inserting in lieu thereof a new section to be known as Section 2 and reading as follows:
SECTION 2.
This Act shall have no force or effect until same shall have been submitted to and approved by a majority of the qualified voters of the City of Eastman, voting at a special election to be called by the Council of the City of Eastman within 60 days after the approval of this Act by the Governor. Said election shall be held under the rules governing special election. There shall be printed on the ballots used in said election the following:
"For amendment to the City Charter of Eastman as provided in Act known as House Bill No. 141 passed by 1939 General Assembly." "Against amendment to the City Charter of Eastman as provided in Act known as House Bill No. 141 passed by 1939 General Assembly." Those favoring the approval of this Act shall vote for amendment to the City Charter of Eastman. Those opposing this Act shall vote against amendment to the City Charter of Eastman. Should a majority of the qualified voters participating in said election vote for the amendment to the City Charter of Eastman, this Act shall be of full force and effect, and the City Council shall within 30 days call an election for City Manager by the qualified voters of the City of Eastman. If a majority of the qualified voters participating in said election vote against the amendment to the City Charter of Eastman, then this Act shall be of no effect but shall be null and void.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:

1138

JOURNAL OF THE HOUSE,

Mr. Speaker:
The Senate has passed by the requ1s1te constitutional majority the following bills and resolution of the House, to-wit:
By Mr. Lovett of Laurens-
House Bill No. 74. A bill to repeal an Act relating to special criminal bailiffs; and for other purposes.
By Mr. Jones of Brantley-
House Bill No. 99. A bill to amend an Act creating the office of Commissioner of Roads and Revenues of Brantley County; and for other purposes.
By Mr. Claxton of Johnson-
House Bill No. 175. A bill proposing an amendment to the Constitution author-
izing the trustees of Kite School District of Johnson County to incur a bonded indebtedness; and for other purposes.
By Messrs. Lovett and Evans of Laurens-
House Bill No. 254. A bill to repeal an Act creating the City Court of Dublin, by providing for the salary of the Judge and Solicitor of said Court; and for other purposes.
By Mr. Lovett of Laurens-
House Bill No. 538. A bill to amend an Act creating a new Charter for the City of Dublin; and for other purposes.
By Mr. Hill of Screven-
House, Bill No. 347. A bill to prohibit goats from running at large m the County of Screven; and for other purposes.
By Mr. McBride of Montgomery-
House Bill. No. 372. A bill to prohibit goats from running at large in certain counties; to prescribe penalties for the violation of this Act; and for other purposes.
By Mr. Lovett of LaurensHouse Bill No. 539. A bill to amend the Charter of the City of Dublin; and
for other purposes.
By Mr. Fowler of DouglasHouse Bill No. 542. A bill to amend an Act fixing the salary of the County
Treasurer of Douglas County; and for other purposes.
By Messrs. Atkinson, Grayson and MeNall of ChathamHouse Bill No. 548. A bill to amend an Act creating a Pension Board of
Chatham County; and for other purposes.

WEDNESDAY, MARCH 8, 1939

1139

By Messrs. Bloodworth, Grice and Merritt of Bibb-
House Bill No. 557. A bill to amend the Charter of the City of Macon; and
for other purposes.
By Mr. Kaigler of Quitman-
House Bill No. 588. A bill to amend the Acts relating to County Commissioners of Quitman; to provide for purchases made by said Commissioners when such purchases amount to $500.00 or more; and for other purposes.
By Mr. Goolsby of Monroe-
House Bill No. 593. A bill to amend an Act creating a Board of Commissipners of Roads and Revenues of Monroe County; and for other purposes.
By Mr. Swindle of Berrien-
House Bill No. 600. A bill to amend an Act creating a Board of Commissioners of Roads and Revenues of Berrien County; and for other purposes.
By Mr. Thigpen of Glascock-
House Bill No. 608. A bill to amend an Act creating a Board of Commissioners of Roads and Revenues of Glascock County; and for other purposes.
By Messrs. Bloodworth, Grice and Merritt of Bibb-
House Resolution No. 45-186 A. A resolution proposing an amendment to the Constitution so as to authorize the City of Macon to issue notes of debt certificates for the payment of the deficit and current 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 substitute by the requisite constitutional majority the following bill of the House, to-wit:
By Messrs. Summerour and Bray of Bartow-
House Bill No. 90. A bill to amend the several Acts creating the City Court of Bartow County by abolishing the Office of Solicitor and creating the office of County Prosecutor; 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 Howe of the 38th District-

1140

JOURNAL OF THE HOUSE,

Senate Bill No. 131. A bill to amend Code Section 9-401 defining the practice of law; and for other purposes.
By Senator McGinty of the 43rd District-
Senate Bill No. 155. A bill to require preparation and publication of a report of receipt and disbursement of public funds by authorities: and for other purposes.
By Senators Abbot of the 18th, Brown of the 4th and Causey of the 46th Districts---,
Senate Bill No. 156. A bill repealing that certain Act entitled "An Act to prescribe the manner of incorporating Towns and Villages in this State"; and for other purposes.
By Senator Millican of the 52nd District-
Senate Bill No. 161. A bill to amend Article 13, Section 1, Paragraph 1, of the Constitution so as to provide that proposed amendments affecting only a county or municipality be submitted to the voters of such county or municipality; and for other purposes.
By Senators Spivey of the 16th, Durden of the lOth, Harrell of the 7th, Cloud of ' the 19th, and Brinson of the 42nd Districts-
Senate Bill No. 182. A bill to authorize the record owner of legal title to an interest in land as security for debt; 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 following resolution, to-wit:
By Senators Boykin of the 29th and Causey of the 46th Districts-
Senate Resolution No. 56. A resolution commending the House Economy Committee for the work it has done and is doing.
GEORGIA STATE SENATE
By Senators Boykin of the 29th and Causey of the 46th Districts-
A RESOLUTION
WHEREAS, The Committee appointed by the House of Representatives, known as the ECONOMY COMMITTEE, has rendered the State valuable and conspicuous service by investigating the various departments, boards and bureaus of our State Government and by recommending economies that might be effected without impairment of efficiency and usefulness, and
WHEREAS, said Committee, though unable from lack of time to complete so stupendous an undertaking, has already effected large savings to the State and has

WEDNESDAY, MARCH 8, 1939

1141

made marked progress in placing facts in the possession of the General Assembly which will enable it to foster legislation for further economies,
NOW, THEREFORE BE IT RESOLVED, That the Senate of Georgia hereby ~xpress its appreciation and commendation of said ECONOMY COMMITTEE and the work it has done and is doing, and
RESOLVED further that a copy of these resolutions be transmitted to the House of Representatives and a copy to said Committee.
READ AND ADOPTED MARCH 7th, 1939.
John B. Spivey, President of the Senate. John W. Hammond, Secretary of the Senate.
Under the order of unfinished business, the following bill of the House was again taken up for consideration:
By Messrs. Harvey of Upson and Trippe of Polk-
House Bill No. 435. A bill to be entitled an Act to raise revenue by levying a tax for the benefit of dependent children, etc., to repeal certain tax laws; and for other purposes.
At the time of adjournment on Tuesday, the House had under consideration the Substitute to House Bill No. 435 offered by Mr. Lanham of Floyd, and others, and further consideration of Section 1, was resumed:
Mr. Lovett of Laurens moved that individual speeches be limited to ten minutes, and the motion was lost.
Mr. Clary of Columbia moved that the House reconsider its action in defeating the motion, and the motion prevailed.
Mr. Lovett of Laurens moved that individual speeches be limited to ten minutes, and the motion prevailed.
The main question was ordered on Section 1.
The following amendment to Section 1, was read:
Messrs. Lovett of Laurens, Bynum of Rabun and Forrester of Crisp move to amend Lanham Substitute for House Bill No. 435, by striking therefrom Section in its entirety.
On adoption of the amendment, Forrester of Crisp moved the ayes and nays, and the call was not sustained.
The amendment was lost.
Section 1, was adopted.
Section 2. The following words, terms and phrases when used in this Act shall

1142

JOURNAL OF THE HOUSE,

have the meanings ascribed to them in this Section, except when the context clearly indicates a different meaning:
(a) The tt!rm "Commissioner" means the State Revenue Commissioner of Georgia, who is hereby charged with the duty of enforcing and administering this Act.
(b) "Person", includes any indivdual, firm, co-partnership, joint adventure, association, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular number.
(c) "Sale" means any transfer of title or possession, or both, exchange, barter, lease or rental, conditional or otherwise, in any manner or by any means whatsoever, of tangible personal property, for a consideration, and includes the fabrication of tangible personal property for consumers who furnish, either directly, or indirectly the materials used in the fabrication work and the furnishing, preparing or serving, for a consideration, of any tangible personal property consumed on the premises of the person furnishing, preparing or serving such tangible personal property.
(d) A "retail sale", or "sale at retail", means a sale to a consumer or to any person for any purpose other than for resale in the form of tangible personal property, except that the expressions "transfer of possessions", "lease", and "rental", as used in subdivision (c) of this Section, shall mean and include only such transactions as the Commissioner upon investigation finds to be in lieu of sales, as defined in said subdivision (c), without the words "lease or rental".
(e) "Business" includes any activity engaged in by any person or caused to be engaged in by him with the object of gain, benefit or advantage, either direct or indirect.
(f) "Retailer" includes every person engaged in the business of making sales at retail; provided, however, that when in the opinion of the Commissioner it is necessary for the efficient administration of this Act to regard any salesman, representatives, peddlers or canvassers as the agents of the dealers, distributors, supervisors or employers under whom they operate or from whom they obtain the tangible personal property sold by them, irrespective of whether they are making sales on their own behalf or on behalf of such dealers, distributors, supervisors or employers, the Commissioner may so regard them and may regard the dealers, distributors, supervisors or employers as retailers for the purposes of this Act.
(g) "Gross receipts" means the total amount of the sale or lease or rental price, as the case may be, of the retail sales of retailers, including any services that are a part of such sales, valued in money, whether received in money or otherwise, including all receipts, cash, credits and tangible personal property of any kind or nature, and also any amount for which credit is allowed by the seller to the purchaser, without any deduction therefrom on account of the cost of the property sold, the cost of the materials used, labor or service cost, interest paid, losses or any other expenses whatsover; provided, however, that cash discounts allowed and taken on sales shall not be included, and "gross receipts" shall not include the sale price of

WEDNESDAY, MARCH 8, 1939

1143

property returned by customers when the full sale price thereof is refunded either in cash or by credits, nor shall "gross receipts" include the price received for labor or services used in installing, applying, remodeling or repairing the property sold.
For the purposes of this Act, the total amount of the sale price above mentioned shall be deemed to be the amount received, exclusive of the tax hereby imposed; provided, that the retailers shall establish to the satisfaction of the Commissioner that the tax imposed hereunder has been added to the sale price and has not been absorbed by the retailer.
(h) The term "vendor" shall mean every firm, corporation, municipal corporation, co-partnership, joint adventure, or association, which engages in the sales of tangible personal property, or in the sale of services, taxable under this Act, whether doing business under a trade name or not.
(i) Whenever the term "vendor" is used in any provision of this Act prescribing a fine or imprisonment, or both, such term, when applied to firms, copartnerships, joint adventures or associations, shall mean the partners or members thereof, and when applied to corporations, the officers thereof.
(j) The term "taxpayer" shall mean any person liable for any tax hereunder.
(k) "Tangible personal property" means personal property which may be seen, weighed, measured, felt or touched, or is in any manner perceptible to the senses.
The following amendment to Section 2, sub-section ( k) was read and adopted:
Mr. Culpepper of Fayette moves to amend the Lanham Substitute for House Bill No. 435, as follows:

By adding at the end of item (k) of Section 2 the following, to-wit:

"Also the use, the consumption, the distribution, and the storage for use or consumption in this State of electric energy, sold by persons or corporations under the jurisdiction of the Public Service Commission, telephone and telegraph service, natural or artificial gas, service or rents of hotel companies and all service for the transportation of passengers or freight."

On adoption of the amendment, Mr. Lanham of Floyd moved the ayes and nays, and the call was sustained.

Mr. Key of Jasper asked unanimous consent to dispense with the calling of the roll, and objection was heard.

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

Those voting in the affirmative were Messrs.:

Barrett Bell Branch Bray Bruce

Bynum Campbell Carmichael of Butts Chappell Cheney

Clary Claxton Clements of Wheeler Cobb Conner

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JOURNAL OF THE HOUSE,

Coogler Corbett Culpepper of Fayette Curry Davidson Davis of Coweta Davis of Floyd Dean Dockery Douglass Drake Edwards of Taylor Etheridge of Houston Evans of Laurens Evans of McDuffie Ford Franklin of Bulloch Gaines Graham Grice Griffin Gross of Washington

Harrison of Crawford Harvey Hayes Henderson Herndon Hill Holtzendorff Howard Jackson Kennedy King Lanham Lanier Lovett Marshall Mason Middleton Mills Morgan Mosely Pierce Pilcher

Preston Purdy Ragan Rawlins Reid Rossee Rountree Scott Smiley Sumner Thigpen of Evans Thigpen of Glascock Tipton Trippe Wages Wells Whitaker Wiggins Williams of Bacon Wohlwender Wright Yawn

Those voting in the negative were Messrs.:

Aiken

Ferguson of Camden

Allen

Ferguson of Sumter

Allison of Gwinnett

Flanders

Almand

Forrester of Crisp

Ansley

Forrester of Dade

Atkinson

Gavin

Barlow

Goddard

Bennett of Ware

Gowen

Binion,

Grant

Blackshear

Greene

Boyd of Greene

Gross of Stephens

Brooks of Jackson

Guyton

Candler

Harden

Carmichael of Cobb

Harrison of Jenkins

Clements of Calhoun

Hatchett

Clements of Marion Connell

Joel Johnson

Dickerson Drinkard Elliott

Jones of Brantley .Jones of Paulding Kaigler

English
Ennis, J. H.
Etheridge of Baker

Kelley Kendrick Key

Etheridge of Fulton

Mankin

Maxwell McCracken McDaniel McGraw McNall Moore of Lumpkin Pannell Parham Parker Pharr Rees Rogers Sabados Sams Sanders Smith of Henry Stiles Strickland of Pierce Tate Thornton Vickery Yeomans

WEDNESDAY, MARCH 8, 1939

1145

Those not voting were Messrs.:

Allison of White Beck Bennett of Clarke Blease Bloodworth Boyd of Cook Brooks of Oglethorpe Bush Carrington Carter Clark Cook Culpepper of Mitchell Dallis Daughtry DeFoor Easley Edwards of Lowndes

Ennis, :1.\-larion Foster Fowler of Douglas Fowler of Treutlen Franklin of Polk Gill Goolsby Grayson Hardman Hinson Jones of Richmond Kimbrough Lewis Looper McBride Merritt Miller Moore of Taliaferro

Moss Roughton Sapp Sartain Saunders Simmons Smith of Schley Strickland of Haralson Summerour Swindle Terrell Tippins Tomlinson Turner Warren Whipple Williams of Ware

By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the amendment, the ayes were 80, the nays 70.
The amendment was adopted.
Sub-section (k) of Section 2, as amended, was adopted.
( 1) "Luxury" and "Luxuries" mean any article or articles, other than such as are hereafter included within the special exemption from the range, effect and operation of the provisions of this Act.
The following amendment to Section 2, Sub-section ( 1) was read and adopted:
Mr. Boyd of Cook moves to amend Substitute to House Bill No. 435, Section 2, Sub-section ( 1) after word "articles" line one, of said Sub-section, the following words, to-wit:
"Leases, licenses or rents from patents and/or copyrights."
Sub-section ( 1) of Section 2, as amended, was adopted.
The following amendment to Section 2, was read :

Messrs. Lovett of Laurens, Forrester of Crisps and Bynum of Rabun move to amend Lanham Substitute to House Bill No. 435, as follows:

By striking Section 2 hereof in its entirety.

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

1146

JOURNAL OF THE HOUSE,

On the adoption of the amendment, the ayes were 49, the nays 70.
The amendment was lost.
Section 2, as amended, was adopted.
Section 3. There is hereby levied in addition to all other taxes now imposed by law a tax upon the sale at retail, the use, the consumption, the distribution, and the storage for use or consumption in this State of every item or article of tangible personal property, and upon the lease or rental of such property and upon the sale at retail the use, the consumption, the distribution, and the storage for use or consumption in this State of electric energy, telephone and telegraph service, natural or artificial gas, service or rents by hotel companies and all service for the transportation of passengers or freight at the rate of four (4%) per cent of the retail sales price.
The following amendment to Section 3, was read:
l.\llessrs. Lovett of Laurens, Bynum of Rabun and Forrester of Crisp move to amend Lanham Substitute for House Bill No. 435, by striking therefrom Section 3 in its entirety.
On adoption of the amendment, l.\!Ir. McBride of Montgomery moved the ayes and nays, and the call was sustained.
The roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Allison of White Almand Atkinson Barlow Barrett Binion Blackshear Blease Boyd of Cook: Boyd of Greene Brooks of Jackson Bruce Bynum Carmichael of Cobb Carter Cheney Clary Clements of Calhoun Clements of Marion Connell Conner

Coogler Culpepper of Fayette Culpepper of Mitchell Dallis DeFoor Dickerson Dockery Drinkard Edwards of Lowndes Edwards of Taylor English Etheridge of Baker Etheridge of Fulton Evans of Laurens Evans of McDuffie Ferguson of Camden Ferguson of Sumter Ford Forrester of Crisp Franklin of Bulloch Goddard

Gowen Graham Guyton Harden Harrison of Jenkins Hinson Jones of Brantley Jones of Paulding Kendrick: Looper Lovett Mankin McBride Mills Pannell Parham Parker Pilcher Ragan Rawlins Rees

WEDNESDAY, MARCH 8, 1939

1147

Rogers Rossee Sabados Sams Sanders

Smiley Smith of Schley Strickland of Haralson Sumner Thigpen of Evans

Those voting in the negative were Messrs.:

Allison of Gwinnett Ansley Beck Bell Bennett of Ware Bloodworth Branch Bray Brooks of Oglethorpe Carmichael of Butts Claxton Clements of Wheeler Cook Corbett Daughtry Davidson Davis of Coweta Davis of Floyd Dean Douglass Drake Elliott Ennis, J. H. Etheridge of Houston Foster Fowler of Treutlen Franklin of Polk Gaines Gill

Grant Grayson Greene Grice Griffin Gross of Stephens Gross of Washington Harrison of Crawford Harvey Hatchett Henderson Herndon Hill Howard Jackson Jones of Richmond Kaigler Kennedy Key Kimbrough King Lanham Lanier Lewis Marshall Mason Maxwell McCracken McDaniel

Those not voting were Messrs.:

Aiken Allen Bennett of Clarke Bush Campbell Candler Carrington Chappell

Clark Cobb Curry Easley Ennis, Marion Flanders Forrester of Dade Fowler of Douglas

Thornton Wells Wright
McGraw McNall Moore of Lumpkin Pharr Pierce Preston Reid Roughton Rountree Sapp Sartain Scott Stiles Strickland of Pierce Tate Thigpen of Glascock Tipton Trippe Vickery Wages Whipple Whitaker Williams of Bacon Williams of Ware Wohlwender Yawn Yeomans
Gavin Goolsby Hardman Hayes Holtzendorff Joel Johnson Kelley

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Merritt Middleton Miller Moore of Taliaferro Morgan Mosely Moss

Purdy Saunders Simmons Smith of Henry Summerour Swindle Terrell

Tippins Tomlinson Turner Warren Wiggins

By unanimous consent, verification ot the roll call was dispensed with.
On the adoption of the amendment, the ayes were 75, the nays 85, and the amendment was lost.
The following amendments to Section 3, were read and adopted:
Mr. Bell of Grady moves to amend the substitute offered by Mr. Lanham of Floyd and others for House Bill No. 435, as follows:
By striking all of Section 3 and inserting in lieu thereof the following:
"There is hereby levied in addition to all other taxes now imposed by law a tax upon the sale at retail, the use, the consumption, the distribution, and the storage for use or consumption in this State of every item or article of tangible personal property, the sale of admission rights or privileges to any theatrical or moving picture show or exhibition, any amusement, place of amusement, entertainment, athletic game or contest, and other public exhibitions, except such as may be bona fide conducted between public schools of this State and except such as are sponsored and held for the exclusive benefit of the public schools of this State, and upon the lease or rental of all such property; and upon the sale at retail, the use, the consumption, the distribution, and the storage for use or consumption in this State of electric energy, telephone and telegraph service, natural or artificial gas, service or rents by hotel companies and all service for the transportation of passengers or freight at the rate of four per cent of the retail sales price."
Mr. Bell of Grady moves to amend the Substitute offered by Mr. Lanham of Floyd and others for House Bill No. 435, as follows:

By adding a new section to be numbered as Section 3 (a), as follows:
"Section 3 (a). There is also hereby levied upon the use and privilege of use of all tangible personal property imported or caused to be imported from other states or foreign countries and used in this State, in cases where the property so imported and used has not been already taxed as provided in Section 3 above, a tax at the rate of 4 per cent of the retail sales price thereof. The person using said property so imported shall for said use and privilege pay the tax imposed by this Act on all articles of tangible personal property as so imported and used, in the same manner and to the same extent as if said articles had been sold at retail in this State; and the tax herein imposed shall immediately become due and be collected upon any such article in the manner provided in this Section and in this Act, provided there shall be no duplication of tax in any event. No automobile or motor

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1149

vehicle license shall be issued to any person until proof satisfactory to the State Revenue Department is submitted to the effect either that the same was purchased in this State from a dealer regularly engaged in business in Georgia, so that the tax provided in Section 3 above will be paid, or that the use or privilege tax required by this Section has been paid. This section shall not be construed to levy a tax upon any articles of tangible personal property imported into this State, which levy would be in violation of the provision of the Federal Constitution."
Section 3, as amended, was adopted.
Mr. Wohlwender of Muscogee 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.
Further consideration of the Substitute to House Bill No. 435 offered by Mr. Lanham of Floyd and others, was resumed:
Section 4. In any case where tangible personal property is sold at retail, under a contract providing for such retail sale, made and entered into prior to the effective date of this Act and containing the sale price, and such sale is taxable under this Act, the seller shall add the tax imposed by this Act to said sale price, and collect it from the buyer.
Section 4, was adopted.
Section 5. There are specifically exempted from the provisions of this Act and
from the computation of the amount of tax levied, assessed or payable thereunder the following:
I. (a) Cigars, cigarettes, and medicines filled on doctor's prescriptions.
(b) Alcoholic and malt beverages and wine containing more than one-half of one per centum of alcohol by volume.
(c) Fresh meat, milk and milk products.
(d) Gasoline, kerosone, lubricating oils, and forest products.
(e) Any other personal property, as to which an excise tax for the sale thereof is now imposed by the laws of this State.
II. (a) Clothing where the garment sells at retail for less than $3.00, except articles manufactured of or containing silk.
(b) Shoes, selling for retail at less than $3.00 per pair.
(c) Bread in loaf form; ice; fresh vegetables and produce; fresh fish, seafoods and oysters; pou.ltry and eggs; coffee, tea, sugar, cane syrup and molasses, rice, grits, corn, meal, flour, baking powder, salt, pepper, beans, peas; salt and pickled meat; canned foods selling at retail for ten cents per can or less; and water. Soap, the retail

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price of which 1s toe or less per bar or package; lard, lard compounds and cooking oil.
(d) Farm implements, farm machinery, and hand tools of the value of $50.00 or less.
(e) Livestock, seeds, feeds, and fertilizers; sacks, bags, crates, boxes and barrels, used as containers of agricultural products; cotton; poison and insecticides used in agricultural pursuits.
(f) Newspapers.
(g) Foods, sold in colleges, schools, universities, and at churches.
(h) Kitchen utensils, pots, pans, and cans and jars used for home canning whether canned in the home or at community centers.
The following amendments to Section 5, were read and adopted:
Messrs. Lanier of Richmond and Lanham of Floyd move to amend Substitute to House Bill No. 35, known as Lanham Substitute, as follows:
By striking the figure $3.00 in sub-section (II) (a), Section 5 and inserting in lieu thereof $10.00.
By striking all of sub-section (II) (c) of Section 5 and substituting in lieu thereof, all food for man or beast.
Mr. Davis of Floyd moves to amend Substitute for House Bill No. 435 and known as the Lanham Substitute by striking Sub-section (E) of Section 5, and by substituting a new sub-section to be known as Sub-section (E) and to read as follows:
"All products of the farm, the forest, and naval stores shall be exempt from the provision of this Act; it is further provided that products of the farm, the forest, and naval stores sold by any person other than the producer, to any other person, as herein defined, who purchases not for direct consumption but for the purpose of acquiring raw products for use or for sale, in the process of preparing, furnishing, or manufacturing such agricultural commodity for the ultimate retail consumer trade, shall be, and is exempted from any and all the provisions of this Act, including payment of the tax appliable to the sale, storage, use, transfer, or any other utilization or handling thereof, except when such agricultural commodity is actually sold as marketable or finished products to the ultimate consumer, when the tax imposed by this Act shall apply, but in no case shall more than one tax be exacted; all fertilizers, sacks, bags, crates, boxes and barrels and all other containers used in the marketing of fruits and farm products; cotton bagging and cotton ties and poison and insecticides used in agricultural pursuits shall be exempt from the provisions of this Act.
Section 5, as amended, was adopted.
Section 6. The seller in any case in which the tax upon the sale levied herein

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applies shall add the tax herein levied to the sales price and shall not be permitted to advertise otherwise. Any person, firm, or corporation violating the provisions of this Section shall be guilty of a misdemeanor and punished as provided by the Code of Georgia for misdemeanors.
The following amendment was read and adopted:
Mr. Culpepper of Fayette moves to amend by adding a new section, to be known as Section 6 (a), as follows, to-wit:
"Section 6 (a). COMMISSIONER TO DETERMINE METHOD OF COLLECTION OF TAX.
Be it further enacted by the authority aforesaid:
(a) That the Commissioner of Revenue shall administer and enforce the provisions of this Act and the collection of the tax imposed by said Act. He shall make such rules and regulations as he deems necessary for the administration of this Act, said rules and regulations not to be inconsistent with this Act or the Constitution of this State or of the United States.
(b) The Commissioner is directed to purchase tokens in an amount and denominations sufficient for the proper administration of this Act."
Section 6, as amended, was adopted.
Section 7. This Act shall become effective on the 1st day of April, 1939, and the taxes levied hereunder shall be due and payable in monthly installments on or before the 15th day of the month next succeeding the month in which the tax accrues; and for the purpose of ascertaining the amount of tax payable under this Act it shall be the duty of all vendors on or before the 15th day of each month beginning March 14, 1939, to transmit to the Commissioner upon forms prescribed, prepared and furnished by him, returns under oath, showing the gross proceeds arising from all sales taxable under this Act during the preceding calendar month; and thereafter, like returns shall be prepared and transmitted to said Commissioner by all vendors on or before the 15th day of each month for the preceding calendar month. Such return shall show such further information as the Commissioner may require to, enable him to correctly compute and collect the tax herein levied. Every vendor at the time of making the return required hereunder shall compute the required tax due for the preceding calendar month, and shall pay the said tax by the 20th day of said month, but may pay the same at the time of filing the return. Gross receipts from rentals or leases of tangible personal property shall be reported and the tax shall be paid with respect thereto, in accordance with such rules and regulations as the Commissioner may prescribe.
Section 7, was adopted.
Section 8. If the Commissioner finds that a taxpayer designs quickly to depart from the State or to remove his property therefrom, or to conceal himself or his property therein, or to do any other act tending to jeopardize, prejudice, or to render wholly or partly ineffectual proceeding to collect such tax unless such proceedings

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be brought without delay, the Commissioner may, at any time, declare the tax period of such taxpayers at the end, and may make an immediate assessments of the amount of tax found to be due, together with interest and penalties provided for by this Act, and without the statutory notice required by Section 8 (g), and notify the taxpayer thereof, and simultaneously demand immediate payment of the amount due. If such payment be not made on demand, the Commissioner shall immediately issue an execution to the sheriff of any county in the state commanding him immediately to levy upon and sell the real and personal property of the person owing said tax, or the Commissioner may in his discretion, accept a bond from the taxpayer to insure the payment of the tax computed, until the tax legally due shall be determined. Such bond shall be with sureties satisfactory to the Commissioner, and shall not be more than double the amount of the tax computed.
Section 8, was adopted.
Section 9. (a) As soon as practicable after a return is filed, the Commissioner shall examine it; if it then appears that the correct amount of tax is greater or less than that shown in the return, the tax shall be recomputed.
(b) If the amount already paid exceeds that which should have been paid the excess so paid shall be credited against any subsequent tax; and if upon examination and audit of the return and the books and records of the taxpayer, it is found, through the recomputation of the total tax, that a balance of excess payment or payments remains, such balance, upon discretion of the Commissioner, shall be credited or refunded to the taxpayer by a warrant issued in the manner provided by law. The warrant shall be payable out of any funds in the State Treasury not otherwise appropriated. Any amount recovered by suit by any taxpayer as provided in this Act shall be refunded in like manner, but the refund shall be accompanied by a copy of the order or decree of the Court. Any refund paid under the terms hereof shall bear interest at the rate of three per cent per annum from the date of overpayment until the date of the claim is allowed.
(c) If the amount already paid is less than the amount which should have been paid, the difference, to the extent not covered by any credits under this Act, together with interest thereon at the rate of one per cent per month from the time the tax was due, shall be paid upon notice and demand.
(d) If any pf!rt or all of the deficiency is due to negligence or intentional disregard of authorized rules and regulations, but without intent to defraud, there shall be added as a penalty ten per cent of the total amount of the deficiency in the
tax, and interest in such case shall be collected at the rate oi one per cent per month
on the amount of such deficiency in the tax from the time it was due, which interest and penalty shall become due and payable upon notice and demand.
(e) If any part of the deficiency is due to fraud with intent to evade the tax, there shall be added as a penalty fifty per cent of the total amount of the deficiency in the tax, and in such case the whole amount of tax unpaid, including the penalty added, shall become due and payable upon notice and demand, and an additional one per cent per month of the amount of such deficiency in the tax shall be added from the date it is due until paid.

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(f) If any taxpayer fails to file a return or to pay the tax within the time prescribed by this Act, the Commission shall add to the tax of such person ten per cent thereof as a pen~tlty.
{g) If any taxpayer fails to make any return required by this Act, the Commissioner shall give written notice by registered mail to such taxpayer to make such return within twenty days from the date of such notice, and if such taxpayer shall fail or refuse to make such return as he may be required to make under this Act within such time, then such return shall be made by the Commissioner from the best information available, and the tax computed thereon, and such return shall be prima facie correct for the purposes of this Act. To the tax ultimately found to be due shall be added fifty per cent of such tax as penalty, together with interest at the rate of one per cent per month from the time such tax was due. A copy of the return shall be sent by registered mail to the taxpayer, together with a demand that payment of the amount be made within ten days from the receipt of such notice. Failure to make payment within such time shall subject the taxpayer to the provisions of Section 11.
Section 9, was adopted.
Section 10. {a) If the Commissioner discovers from the examination of any return, or otherwise, that the tax of any taxpayer, or any portion thereof, has not been properly assessed, it may, at any time within three years after the time when the return was due, and after the due notice, by registered mail, to the taxpayer, assess the same, and such taxpayer shall thereupon have an opportunity, within thirty days after the mailing of such notice, to present orally or in writing to the Commissioner, or its authorized agent his objections to the proposed assessment. The limitation of three years on the assessment of such tax shall not apply to the assessment of taxes with respect to fraudulent or omitted returns. After the expiration of such thirty-day period, the Commissioner shall assess the tax of such taxpayer, or any portion thereof, which it finds has not theretofore been properly assessed, and shall give notice to such taxpayer of the amount of the tax and interest and penalties, if any, so assessed, and the amount thereof shall be payable within ten days from the date of mailing such notice. The provisions of this Act with respect to revision and appeal, shall also apply to any tax assessed under the provisions of this Section.
(b) Where before the expiration of the time prescribed in Sub-section (a) of this Section for the assessment of the tax both the Commissioner and the taxpayer have consented in writing to its assessment after such time, the tax may he assessed at any time prior to expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon.
Section 10, was adopted.
Section 11. (a) If any tax imposed, or any portion of such tax, be not paid within thirty days after the same is found to be due, the Commissioner shall issue an execution under its official seal directed to the Sheriff of any county of the State commanding him to levy upon and sell the real and personal property of the person

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owing said tax, found within his county, for the payment of the amount thereof, with damages to the amount of ten per cent of the tax, in addition to the penalties imposed under this Act, and interest, and costs of executing the execution, and to return such execution to the Commissioner and pay to him the money collected by virtue thereof, by a time to be therein specified not more than sixty days from the date of the execution. The Sheriff shall, within five r.lays after the receipt of the execution file a copy thereof with the Clerk of the Superior Court of his County, and thereupon the Clerk shall enter on the general execution docket the name of the taxpayer mentioned in the execution, and the amount of the tax, or portion thereof, and damages, for which the execution is issued, and the day when such copy is filed; and thereupon the amount of such execution so docketed shall become a lien upon the title to and interest in real and personal property of the person against whom it is issued, in the same manner as a judgment duly enrolled in the office of such Clerk. The Sheriff thereupon shall levy upon any property of the taxpayer in all respects with like effect, and in the manner prescribed by law in respect to executions issued against propertly upon judgments or attachment proceedings of a court, and the remedies by garnishment shall apply. Such officer shall be' entitled to the same fees, to be collected in the same manner as is now provided by law for like services. The liability for the tax imposed by this Act shall not be subject to any of the provisions of the exemption laws of the State of Georgia for the relief of debtors.
(b) A tax due and unpaid under this Act shall constitute a debt due the State, and may be collected by action at law or other appropriate judicial proceedings, which remedy shall be in addition to all other existing remedies; and the same shall be collected, together with an additional ten per cent of the amount of the tax and penalties imposed for failure to make a return, or making a fraudulent return, and the costs of collection if paid within thirty days after the date said tax was due, and an additional two per cent of the amount of the tax for each succeeding thirty days or fraction thereof elapsing before the tax shall have been paid; provided, however, that the additional two per cent penalty shall not be applied until a ten-day notice of delinquency shall have been sent to the taxpayer.
(c) Any person against whom a tax shall be assessed herein provided shall be restrained and enjoined upon the order of the Commissioner by proper proceedings instituted in the name of the State of Georgia, brought by the Attorney General or any Solicitor General at the request of the Commissioner, from engaging or continuing in business, until the taxes shall have been paid, and until such person shall have complied with the provisions of this Act; and such attorneys shall prosecute violations of criminal provisions of this Act, upon the request of the Commissioner.
Section 11, was adopted.
Section 12. (a) If any person considers that he has paid to the Commissioner an amount which is in excess of the amount legally due from him under the terms of this Act he may apply to the Commissioner, by verified petition in writing, at any time within three years after the payment for the period for which such alleged overpayment has been made, for a correction of the amount so paid by him, and for refund of the amount which he claims has been illegally collected and paid. In such

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petitiOn, he shall set forth the amount which he claims should be refunded and the reasons for such claim. The Commissioner shall promptly consider such petition, and may grant such refund, in whole or in part, or may deny the same ; if denied in whole or in part, the petitioner shall be forthwith notified of such action of the Commissioner and of its grounds for such denial. The Commissioner may, in his discretion, grant the petitioner further hearing with respect to such petition. Any person improperly charged with any tax provided for under the terms of this Act, and required to pay the same, may recover any amount thus improperly collected, together with interest, in any proper action or suit against the Commissioner in any court of competent jurisdiction; and the Superior Court of the County in which the ta;xpayer resides or is located shall have original jurisdiction of any action to recover any amount improperly collected. Provided, however, that no doubt shall entertain such a suit, unless the taxpayer shall show that he has filed a petition for refund with the Commissioner, as hereinabove provided, within one year prior to the institution of the action; provided, further, that no such suit shall be entertained until the expiration of six months from the time of filing such petition for refund with the Commissioner, unless in the meantime the Commissioner shall have notified the petitioner, in writing, of the denial of such petition. Any such petition shall be subject to the provisions of Section 8 (b). It shall not be necessary for any taxpayer to protest against the payment of the tax in order to maintain such suit.
(b) Either party to such suit shall have the right to appeal, as now provided by law in civil cases. In the event a final judgment is rendered in favor of the taxpayer in a suit to recover illegal taxes, then, upon receipt of a certified copy of such final judgment, a warrant shall be issued directly to the Treasurer in favor of such taxpayer, to pay such judgment, interest and costs. It shall be the duty of the Treasurer to honor such warrant and pay such judgment out of any funds in the State Treasury not otherwise appropriated.
(c) No injunction to restrain or delay the collection of any tax claimed to be due under the provisions of this Act shall be issued by any court, but in all cases in which, for any reason, it be claimed that any such tax about to be collected in wrongful or illegal in whole or in part, the remedy, except as otherwise expressly provided in this Act, shall be by payment and action to recover such tax as provided in this Section.
Section 12, was adopted.
Section 13. The tax imposed by this Act shall be in addition to all licenses and taxes imposed by law as a condition precedent to engaging in any business taxable thereunder, except as in this Act otherwise specifically provided. No municipality shall, however, be authorized to levy any tax br virtue of the provisions of this Act.
Section 13, was adopted.
Section 14. On or before the last day of each month, the total amount derived from taxes levied under the provisions of this Act during the preceding month shall be paid by the Commissioner into the State Treasury in accordance with the provisions of Section 23 of this Act.

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Section 14, was adopted.
Section 15. The Commissioner shall keep full and accurate records of all moneys received by it, and how disbursed; and shall preserve, for a period of three years, all returns filed with it under this Act.
Section 15, was adopted.
Section 16. Except to a court of competent jurisdiction the Commissioner, or his agents and employees, shall not divulge information concerning any taxpayer's return except to officials of the State entitled in their official capacity to receive same; or to a duly authorized representative of the government of another state or of the United States. Provided, that like information respecting taxpayers' returns in such other jurisdictions be made available tu duly authorized representatives of the Georgia State Tax Commissioner.
Section 16, was adopted.
Section 17. (a) It shall be the duty of every person subject to taxation hereunder to keep and preserve records of his gross sales, and such other books or accounts as may be necessary to determine the amount of tax for which he is liable under the provisions of this Act. It shall be the duty of every such person to keep and preserve such records for a period of three years, and all such records shall be open for examination at any time, by the Commissioner or his duly authorized agents. Any person violating any of the provisions of this Sub-section (a) shall be guilty of a misdemeanor, and on conviction thereof shall he punished as provided by law.
(b) It shall be unlawful for any person to make false entries in his books with intent to defraud the State or evade the payment of the tax, or any part thereof, imposed by this Act; or to keep more than one set of books with like intent. It shall also be unlawful for the president, vice-president, secretary, treasurer or other officer or employee of any company or association to make, cause to be made, or permit to be made any false entries in the books of such company or association, with the intent to avoid the payment of any tax imposed hereunder, or to keep or permit to be kept more than one set of books for such company or association, with like intent. Any person violating any of the provisions of this Sub-section (b) shall be guilty of a misdemeanor, and on conviction thereof shall be punished as provided by law.
Section 17, was adopted.
Section 18. It shall be unlawful for any person to fail or refuse to make any return required to be made under the provisions of this Act, or to make any false or fraudulent return or false statement in any return, with intent to defraud the State or to evade the payment of the tax, or any part thereof, imposed by this Act; or for the president, vice-president, secretary, treasurer, or other officer or employee of any person to make or cause to be made or permit to be made far any person any false return, or any false statement in any return required by this Act with the intent to evade the payment of any tax hereunder; or for any person to fail

WEDNESDAY, MARCH 8, 1939

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or refuse to permit the examination of any book, paper, account, record, or other data by the Commissioner or his duly authorized agents, as required by this Act; or to fail or refuse to permit the inspection or appraisal of any property by the Commissioner or any of his duly authorized agents, or to refuse to offer testimony or produce any record as required in this Act. Any person violating any of the provisions of this Section shall be guilty of a misdemeanor and on conviction thereof, shall be punished as provided by law. In addition to the foregoing penalties, any person who shall knowingly swear to or verify any false or fraudulent statement, with the intent to defraud the State or to evade the payment of the tax imposed hereunder shall be guilty of the offense of false swearing and, on conviction hereof, shall be punished in the manner provided by law. Any person for which a false return or a return containing a false statement as aforesaid shall be made, shall be guilty of a misdemeanor and shall be subject to the fine provided by law. No officer or employee of the Commissioner shall be civilly or criminally liable for causing any criminal or civil prosecution provided for under the provisions of this Act.
Section 18, was adopted.
Section 19. In case of violation of the provisions of this Act, the Commissioner may decline to prosecute for the first offense if, in his judgment, such violation is not wilful or flagrant.
Section 19, was adopted.
Section 20. (a) The Commissioner shall, from time to time, promulgate such rules and regulations not inconsistent with this Act, for making returns and for the ascertainment, assessment, and collection of the tax imposed hereunder, as it may deem necessary and desirable. Such regulations may also prescribe the qualifications of persons permitted to represent taxpayers before the Commissioner in connection with any taxes imposed under the terms of this Act. Upon request, the Commissioner shall furnish any taxpayer with a copy of such rules and regulations.
(b) All forms necessary and proper for the enforcement of this Act shall be prescribed, printed and furnished by the Commissioner.
Section 20, was adopted.
Section 21. The Commissioner or his authorized agents, may examine any books, papers, records, or other data bearing upon the correctness of any return, or for the purpose of making a return, as required by this Act, where none has been made, and may by the issuance of a summons require the attendance of the taxpayer or any other person at a point within the county of the residence of such person, and take his testimony with respect to any such matter, and may require any such person to produce any books or records specified in such summons. The Commissioner or his authorized agents shall have power to administer oaths to any such person. The Commissioner is further empowered, by his authorized agents, to examine the books and/or records of any broker or other person handling funds for the credit of, or acting as agent for any person subject to taxation under this Act. If any person

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called as a witness by a summons signed by the Commissioner and served upon him by the sheriff of the county of which such person is a resident, shall fail to obey such summons to appear before the Commissioner or his authorized agent, or shall refuse to testify or answer any material question, or to produce any book, record, paper or other data when required to do so, such failure or refusal shall be reported to the Attorney General, who shall thereupon institute proceedings in the name of the State of Georgia in the superior court of the county where such witness resides, to compel obedience to any summons of the Commissioner. Officers who serve summonses or subpoenas, and witnesses attending shall receive like compensation as officers and witnesses in the superior courts, such compensation to be paid from the appropriation for the administration of this Act.
Section 21, was adopted.
Section 22. With respect to sales of automobiles and all kinds of motor vehicles that are subject to tax by this Act, it shall be the duty of the dealer to give to the purchaser at the time of the sale, a certificate or an affidavit, as may be determined by the Commissioner, signed by the dealer, in such form as may be prescribed by the Commissioner, which certificate, or affidavit, shall show the serial number, motor number, type and model of motor vehicle, and whether or not the tax imposed by this Act has been paid. If the tax has not been paid because of the fact that the motor vehicle was taken in trade and is not subject to tax then the dealer shall give to the purchaser a certificate or an affidavit signed by the dealer showing that the motor vehicle is not subject to tax. No automobile license shall be issued to any person until proof is submitted of the payment of the tax required by this Act. This applies to a vehicle whether purchased within the State or without the State.
The following amendment to Section 22, was read and adopted:
Messrs. Lanham of Floyd and Bennett of Ware move to amend Lanham Substitute to House Bill No. 435, by striking Section 22 in its entirety and substituting in lieu thereof a new section to be numbered 22 and to read as follows:
The tax herein levied on the sale of automobiles and all kinds of motor vehicles shall be collected by the dealer only on the difference between the selling price and any trade-in allowance on said purchase. The dealer shall give to the purchaser at the time of the sale, a certificate on an affidavit, as may be presented by the Commissioner, signed by the dealer showing the serial number, motor number, type and model of motor vehicle or automobile showing the tax has been paid on said automobile or motor vehicle. No State automobile license shall be issued to a purchaser or other person until proof is submitted of the payment of the tax required by this Act. Any person buying an automobile or motor vehicle outside of the State of Georgia shall be required to pay the tax imposed herein, and before any State automobile license shall be issued to such purchaser or other person for said automobile, he shall furnish proof to the Commissioner of the State of Georgia that the tax has been paid. And to amend caption accordingly
Section 22, as amended, was adopted.
Section 23. Be it further enacted by the authority aforesaid, that the net pro-

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ceeds of the revenue derived from the taxes herein levied be and the same are hereby allocated and appropriated as follows:
One-third (1 /3) of the net proceeds of this tax for each fiscal year is hereby set aside in a special fund in th~ State Treasury to the credit of the State Board of Education to be used by said Board for the sole purpose of paying any appropriation for the fiscal year made by the General Assembly of Georgia for salaries of teachers employed by the State in the Public School System where funds are not otherwise available to pay in full such appropriation, provided that no part of such fund shall be used except to pay in full the unpaid appropriation made by law for this purpose for each fiscal year.
One-third ( 1/3) of the net proceeds of this tax for each fiscal year is hereby set aside in special funds in the State Treasury each in the same proportion as each of the fixed sum appro!}riations made for paying old age pensions, for aid to the blind, for the benefit of dependent children, for the State institutions under control of the Public Welfare Department, and for the Tubercular Sanatorium at Alto bears to the total fixed sum appropriations each fiscal year for these purposes. The funds thus set aside in the State Treasury for these purposes shall be used for the sole purpose of paying any appropriation for the fiscal year made by the General Assembly of Georgia for these purposes where funds are not otherwise available to pay in full such appropriations, provided that no part of the fund shall be used except to pay the unpaid appropriations for these purposes made by law for each fiscal year.
One-third ( 1/3) of the net proceeds of this tax is hereby allocated and appropriated to each of the several counties of the State to be distributed monthly to the fiscal authority of each county in the same manner as the present gasoline tax is now distributed, on the basis of the State aid road mileage as certified by the State Highway Department of Georgia, and from such sum allocated and appropriated to each county of the State the fiscal authority of each county shall retain twothirds (2/3) of the amount received to be used for the purpose of maintaining the State Suerior Court in the County and the remaining one-third ( 113) of the amount received shall be paid to the County Board of Education of the county to be used for school purposes.
Provided further, that should the amount of funds set up each fiscal year for the items of this Section be in excess of the amount needed to pay the appropriations for each fiscal year in full for the items named, the State Treasurer is hereby authorized to pay into the State General Fund the amount of the funds that are in excess of the full appropriations made by law for each fiscal year.
Provided, however, the provisions for the distribution and use of the net proceeds of the tax derived under this Act, as set out in this Section, shall not become effective until after:
First: $500,000.00 of the first net proceeds of this tax shall be set aside in a special fund in the State Treasury to the credit of the State Department of Public Welfare to be used for the sole purpose of paying any fixed sum appropriation for

1160

JOURNAL OF THE HOUSE,

the fiscal year ending June 30, 1939, made by the General Assembly for the benefit of Milledgeville State Hospital where funds are not otherwise available to pay in full such appropriation, with the direction that the funds thus appropriated shall be used in liquidating the outstanding obligations of said institution.
Second: That from the first net proceeds of this tax there shall be set aside and appropriated in a special fund in the State Treasury to the credit of the State Board of Education an amount sufficient to pay in full the teachers' salaries for the year ending June 30, 1939, where funds are not otherwise available to pay in full such teachers' salaries as are now in force and effect. The funds thus provided shall be used solely for the purpose of paying teachers' salaries due for the year ending June 30, 1939, and immediately upon sufficient funds being set aside for this purpose the distribution of the net proceeds of this tax as provided in this Section shall be in force and effect.

Section 23, was adopted.

Section 24. If any clause, sentence, proviso, paragraph or part 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, proviso, paragraph or

part thereof directly involved in the controversy in which such judgment shall

have been rendered.

-

Section 24, was adopted.

Section 25. There is hereby appropriated to the Commissioner out of any funds available in the general fund not otherwise appropriated, a sufficient sum of money to pay for the printing of this Act and all rules and regulations and the cost of distributing the same.
Section 25, was adopted.

The following amendment to the Lanham Substitute for House Bill No. 435, was read and adopted:
Messrs. Lanham of Floyd, Lanier of Richmond and Bennett of Ware move to amend Substitute for House Bill No. 435 known as "Special Tax of Lux~ries or Non-essentials" by adding a new section to be appropriately numbered and to read as follows:

"The retailer or vendor as named in this Act to collect the tax herein imposed shall be allowed 3% of the total revenue collected by said retailer or vendor, which shall be deducted and retained by said retailer or vendor before making remittances as herein provided and the State Revenue Commissioner shall be allowed 2% of the total revenue collected to administer said Act. Provided further, however, the retailer or vendor shall be allowed 2% and the State Revenue Commissioner shall be allowed 3% of the total revenue collected for the first fiscal year of the operations of this Act."
and further amends the caption accordingly.

WEDNESDAY, MARCH 8, 1939

1161

The following amendment to the Lanham Substitute for House Bill No. 435, was read:

Mr. Chappell of Sumter moves to amend the Lanham Substitute for House

Bill No. 435 known as "The Luxury or Non-essential Tax Act", as follows:

-

Section I. By adding before the words "and for other purposes" in the caption the following: "to repeal certain items in the General Tax Act of 1935, as amended; to provide a saving clause for the collection of the taxes, penalties and interest accruing prior to the adoption of this Act."

Section 2. By adding a new section to be numbered 22 (a) as follows:

"Section 22 (a). The following paragraphs of Section 2 of the General Tax Act of 1935 (Georgia Laws 1935, pages 11-72) are hereby repealed: Paragraph 4
levying a tax upon presidents of certain corporations named therein; Paragraph 5
levying a tax upon advertising agencies, etc.; Paragraph 6 levying a tax upon commercial and mercantile and collection agencies, etc.; Paragraph 7 levying a tax upon detective agencies; Paragraph 8 levying a tax upon athletic clubs, etc.; Paragraph 9 levying a tax upon amusement parks; Paragraph 10 levying a tax upon auctioneers; Paragraph 11 levying a tax upon automobile or truck dealers, etc.; Paragraph 12 levying a tax upon dealers in used cars; Paragraph 13 levying a tax upon wholesale dealers in automobile tires or accessories, etc.; Paragraph 13 A levying a tax upon wholesale dealers in automobile radios; Paragraph 14 levying a tax upon upon retail dealers in automobile tires, accessories, radios, and parts; Paragraph 15 levying a tax upon automobile or truck assembly plants; Paragraph 16 levying a tax upon garages; Paragraph 17 levying a tax upon automobile parking places; Paragraph 18 levying a tax upon awning and tent makers; Paragraph 19 levying a tax upon bagatelle, billiard, jenny lind, pool or tivoli tables; Paragraph 20 levying a tax upon barber shops; Paragraph 22 levying a tax upon agents for barber supplies; Paragraph 23 levying a tax upon beauty parlors; Paragraph 24 levying a tax upon bicycle dealers; Paragraph 25 levying a tax upon bill distributors; Paragraph 26 levying a tax upon book agents; Paragraph 27 levying a tax upon non-resident bottlers; Paragraph 28 levying a tax upon brokers in stocks and bonds; Paragraph 29 levying a tax upon real estate brokers and agents; Paragraph 30 levying a tax upon burglar alarm agents; Paragraph 31 levying a tax upon cafes and restaurants, lunch rooms, etc.; Paragraph 33 levying a tax upon automobiles for hire; Paragraph 34 levying a tax upon jitneys; Paragraph 35 levying a tax upon "Drive-It-Yourself" companies or agencies; Paragraph 36 levying a tax upon dealers in coal and coke; Paragraph 37 levying a tax on cemetery .companies, etc.; Paragraph 38 levying a tax upon circuses, menageries, etc.; Paragraph 39 levying a tax on circus side-shows; Paragraph 40 levying a tax upon concerts, shows and exhibitions; Paragraph 41 levying a tax upon commercial reporting agencies; Paragraph 42 levying a tax upon merrygo-rounds, etc.; Paragraph 46 levying a tax upon dance halls and dancing instructors; Paragraph 47 A levying a tax upon shooting galleries, target ranges, mechanical games and devices; Paragraph 47 B levying a tax on bowling alleys, ten pin alleys, etc.; Paragraph 48 levying a tax upon persons, etc., compiling directories; Paragraph

1162

JOURNAL OF THE HOUSE,

49 levying a tax upon dry cleaning; Paragraph 50 levying a tax upon electrical
contractors; Paragraph 51 levying a tax upon emigrant agents; Paragraph 52
levying a tax upon employment agencies; Paragraph 53 levying a tax upon dealers
in fire engines and apparatus; Paragraph 54 levying a tax upon fish dealers;
Paragraph 55 levying a tax upon hotels, tourist camps, etc.; Paragraph 56 levying
a tax upon traveling horse traders or traveling livestock dealers, etc.; Paragraph
56 A levying a tax upon fortune tellers, clairvoyants, etc.; Paragraph 56 B levying a tax upon palmists, etc; Paragraph 57 levying a tax on ice cream dealers; Paragraph 59 levying a tax upon junk dealers; Paragraph 60 levying a tax upon legerdemain
and sleight of hand artists; Paragraph 62 levying a tax upon laundries, dyeing establishments etc.; Paragraph 63 levying a tax upon lighting system salesmen, agents and dealers; Paragraph 64 levying a tax upon lightning rod salesmen; Paragraph
65 levying a tax upon livestock dealers; Paragraph 66 levying a tax upon dealers
and brokers in timber, lumber and forest products, etc.; Paragraph 67 levying a tax upon dealers and agents for the sale of cash registers; Paragraph 68 levying a tax upon manufacturers and dealers and agents for the sale of scales and weighing machines, etc.; Paragraph 69 levying a tax upon manufacturers and dealers and agents for adding or calculating machines, etc.; Paragraph 70 levying a tax upon manufacturers and dealers and agents for the sale of typewriters, etc.; Paragraph 71 levying a tax upon slot machines, punch boards, etc.; Paragraph 72 levying a tax upon manufacturers, etc., of machinery and equipment; Paragraph 73 levying a tax upon merry-go-rounds; Paragraph 74 levying a tax upon monument dealers; Paragraph 76 levying a tax upon motorcycle dealers; Paragraph 77 levying a tax upon moving pictures; Paragraph 78 levying a tax upon motion picture supply houses; Paragraph 79 levying a tax upon dealers in musical instruments; Paragraph 80 levying a tax upon news dealers on railroads; Paragraph 81 levying a tax upon packing houses, brokers and butcher plants; Paragraph 82 levying a tax upon persons selling patent rights; Paragraph 82 A levying a tax upon salesmen in baseball parks; Paragraph 83 levying a tax upon pawn brokers; Paragraph 84 levying a tax upon agents and salesmen of pictures and picture frames; Paragraph 85 levying a tax upon dealers in weapons; Paragraph 86 levying a tax upon dealers in playing cards; Paragraph 87 levying a tax upon photographers, etc.; Paragraph 88 levying a tax upon pressing clubs and pressing and cleaning businesses; Paragraph 89 levying a tax upon itinerant doctors, dentists, etc.; Paragraph 90 levying a tax upon persons conducting skating rinks, etc.; Paragraph 91 levying a tax upon salary and wage buyers; Paragraph 92 levying a tax upon .agents and salesmen of safes and vaults; Paragraph 93 levying a tax upon hospitals and sanitariums, etc.; Paragraph 94
levying a tax upon dog and pony shows; Paragraph 95 levying a tax upon vaudeville
shows; Paragraph 96 levying a tax upon agents, etc., of automatic sprinklers;
Paragraph 97 levying a tax upon soda fountains; Paragraph 99 levying a tax upon swimming pools; Paragraph 100 levying a tax upon toll bridges and ferries; Paragraph 101 levying a tax upon gasoline and oil trucks or wagons; Paragraph 102 levying a tax upon undertakers; Paragraph 103 levying a tax upon cotton warehouses; Paragraph 104 levying a tax upon merchandise warehouses, etc.; Paragraph 105 levying a tax on wood dealers, etc.; Paragraph 106 levying a tax upon plumbing contractors, etc.; Paragraph 108 levying a tax upon peddlers of fish and sea food; Paragraph 109 levying a pump tax upon filling stations; Para-

WEDNESDAY, MARCH 8, 1939

1163

graph 111 levying a tax upon tax adjusters. Said paragraphs are each and all repealed in their entirety, whether the tax is levied upon the business or upon an agent or salesman of a person, firm or corporation owning the business.
"Section 4 of said Act levying a tax upon dealers in sewing machines is also hereby repealed.

"Section 23 and each and every subsection thereof, which levies a tax upon resident fur dealers, nonresident fur dealers, agents, etc., is also hereby repealed."
Section 3. By adding a new section to be numbered 22 (b) as follows:
"Section 22 (b} The repeal of the various paragraphs and sections named and referred to in Section 22(a) of this Act shall not affect the right of the State to collect any of the taxes, interest or penalties thereon, which may have become due or accrued prior to the approval of this Act. In the collection of any such tax, penalties or interest, the State, or other authorities vested with the power to do so, shall have the same power and use the same procedure as that now prescribed by law prior to the adoption of this Act."

Mr. Edwards of Lowndes moved the previous question, the motion prevailed.

On adoption of the amendment, 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.:

Aiken

Ansley

Atkinson

Barrett

Beck

Bennett of Ware

Bloodworth

Bray

Brooks of Jackson

Brooks of Oglethorpe

Bush

Carrington

Carter

Chappell

Clark

Claxton

Clements of Calhoun

Clements of Marion

Coogler

co,bett

.

Culpepper of Mitchell

Curry

Daughtry Dean Dockery Drake Etheridge of Fulton Ferguson of Sumter Fowler of Douglas Fowler of Treutlen Franklin of Polk Gavin Gill Goddard Grant Greene Grice Griffin Gross of Stephens Gross of Washington Harrison of Crawford Harvey Hatchett Henderson

Hill Jackson Joel Johnson Jones of Richmond Kaigler Kendrick Kennedy Key Kimbrough Lanham Lanier Lewis Mankin Marshall Mason McGraw Merritt Middleton Moore of Lumpkin Mosely Parham

1164

JOURNAL OF THE HOUSE,

Pharr Pierce Preston Purdy Rees Reid Roughton Rountree Sams Sapp

Saunders Scott Smiley Stiles Tate Thigpen of Evans Thornton Tipton Trippe Turner

Those voting in the negative were Messrs.:

Allison of Gwinnett Allison of White Barlow Bell Binion Blackshear Blease Boyd of Cook Boyd of Greene Branch Bruce Bynum Canqichael of Butts Carmichael of Cobb Cheney Clary Clements of Wheeler Cobb Connell Conner Cook Culpepper of Fayette Davidson Davis of Coweta DeFoor Dickerson Drinkard

Easley Edwards of Lowndes Edwards of Taylor Elliott English Ennis, J. H. Etheridge of Baker Evans of Laurens Evans of McDuffie Ferguson of Camden Ford Forrester of Crisp Foster Franklin of Bulloch Gaines Gowen Graham Grayson Guyton Harden Harrison of Jenkins Herndon Hinson Howard Jones of Brantley Jones of Paulding Kelley

Those not voting were Messrs.:

Allen Almand Bennett of Clarke Campbell Candler

Dallis Davis of Floyd Douglass Ennis, Marion Etheridge of Houston

Vickery Wages Wells Whipple Whitaker Wiggins Williams of Bacon Yawn
King Looper Lovett Maxwell McBride McCracken McDaniel Mills Moss Pannell Parker Pilcher Ragan Rogers Rossee Sabados Sanders Smith of Schley Strickland of Pierce Sumner Swindle Thigpen of Glascock Warren Williams of Ware Wohlwender Yeomans
Flanders Forrester of Dade Goolsby Hardman Hayes

WEDNESDAY, MARCH 8, 1939

1165

Holtzendorff McNall Miller Moore of Taliaferro Morgan

Rawlins Sartain Simmons Smith of Henry Strickland of Haralson

Summerour Terrell Tippins Tomlinson Wright

By unanimous consent, the roll call was verified.

On the adoption of the amendment, the ayes were 94, the nays 80.

The amendment was adopted.

Mr. Strickland of Haralson moved that the House reconsider its action in adopting the amendment, and the motion was lost.

Section 26. 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.

Section 26, was adopted.

The following Substitute to the Committee Substitute to House Bill No. 435, was taken up for consideration:

By Messrs. Allison of Gwinnett, Lovett of Laurens, Conner of Dooly, Gaines of Franklin, Williams of Bacon, Warren of Forsyth, Tippins of Wilcox and Thigpen of Evans.

A bill to be entitled an Act to be known as the "Luxury or Non-Essentials Tax Act"; and for other purposes.

The Speaker asked unanimous consent to dispense with the reading of the bill, and the consent was granted.

Mr. Carmichael of Cobb moved that after hearing the Girls Band, the House adjourn until tomorrow morning at 9:00 o'clock.

Under the provisions of a resolution previously adopted, The Georgia State Girls Military Band, appeared upon the floor of the House and entertained the membership with several selections of music.

The following resolution of the House was read and adopted:

By Mr. Carmichael of Cobb-

House Resolution No. 179. A resolution. Be it resolved by this House that its members sincerely appreciate the wonderful and melodious music just rendered by the Girls Georgia Military Band.

Be it further resolved that this day be recorded in the House Journal as the first day of this session to leave any real harmony in it.
Mr. Carmichael of Cobb withdrew the motion to adjourn until tomorrow morning at 9:00 o'clock.

1166

JOURNAL OF THE HOUSE,

On the adoption of the Substitute to the Committee Substitute to House Bill No. 435, Mr. Grayson of Chatham moved the previous question.

The main question was ordered.

On adoption of the Substitute, 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:

Those voting in the affirmative were Messrs.:

Allison of Gwinnett Allison of White Almand Bell Boyd of Greene Brooks of Jackson Brooks of Oglethorpe Bush Bynum Campbell Cheney Clary Claxton Clements of Wheeler Conner Curry Daughtry Davidson Davis of Coweta Dean Dockery Drake Evans of Laurens

Evans of McDuffie Ferguson of Sumter Forrester of Crisp Foster Fowler of Treutlen Gaines Gavin Gill Grice Griffin Gross of Stephens Harrison of Jenkins Hayes Henderson
Herndon Holtzendorff Jackson Jones of Richmond Kaigler King Lanier Looper Lovett

Mason McBride Moore of Lumpkin Moore of Taliaferro Rees Reid Rountree Sanders Sartain Strickland of Haralson Strickland of Pierce Tate Thigpen of Evans Trippe Wages Warren Whitaker Wiggins Williams of Bacon Wright Yawn

Those voting in the negative were Messrs.:

Aiken Allen Ansley
Atkinson Barlow Barrett Beck Bennett of Ware Binion Blackshear Blease Bloodworth

Boyd of Cook Branch Bray Bruce
Candler Carmichael of Butts Carmichael of Cobb Carrington Carter Chappell Clark Clements of Marion

Cobb Coogler Cook Corbet Culpepper of Fayette Culpepper of Mitchell Dallis Davis of Floyd DeFoor Dickerson Douglass Drinkard

WEDNESDAY, MARCH 8, 1939

1167

Easley Edwards of Lowndes Edwards of Taylor Elliott English Ennis, J. H. Ennis, Marion Etheridge of Baker Etheridge of Fulton Ferguson of Camden Flanders Forrester of Dade Fowler of Douglas Franklin of Bulloch Franklin of Polk Goddard Gowen Graham Grant Grayson Greene Gross of Washington Guyton Harden Harrison of Crawford Hatchett Hill Hinson

Howard Joel Johnson Jones of Brantley Jones of Paulding Kelley Kendrick Kennedy Key Kimbrough Lanham Lewis Mankin Marshall Maxwell McCracken McGraw McNall Merritt Middleton Mills Morgan Moss Pannell Parham Parker Pharr Pierce

Pilcher Preston Ragan Rogers Rossee Roughton Sams Sapp Saunders Scott Smiley Smith of Henry Smith of Schley Stiles Sumner Swindle Thigpen of Glascock Thornton Tipton Turner
Vickery Wells Whipple Williams of Ware Wohlwender Yeomans

Those not voting were Messrs.:

Bennett of Clarke Clements of Calhoun Connell Etheridge of Houston Ford Goolsby Hardman

Harvey McDaniel Miller Mosely Purdy Rawlins Sabados

Simmons Summerour Terrell Tippins Tomlinson

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

On the adoption of the Substitute, the ayes were 67, the nays 118.

The Substitute was lost.

On adoption of the Committee Substitute to House Bill No. 435, 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:

1168

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.:

Allen Allison of Gwinnett Ansley Barrett Blease Boyd of Greene Bray Bush Campbell Carmichael of Cobb Carter Clary Clements of Marion Conner Cook Culpepper of Fayette Curry Daughtry Davidson Dean DeFoor

Drake Edwards of Lowndes Edwards of Taylor Etheridge of Baker Forrester of Dade Franklin of Bulloch Franklin of Polk Gavin Gill Greene Griffin Gross of Stephens Guyton Harden Harrison of Jenkins Hinson Johnson Jones of Brantley Jones of Paulding Kelley Looper

Marshall McBride Middleton Mills Moore of Taliaferro Parham Parker Reid Rossee Rountree Sanders Smith of Schley Strickland of Haralson Sumner Tate Thigpen of Glascock Thornton Wells Wiggins

Those voting 10 the negative were Messrs:

Aiken Allison of White Almand Atkinson Barlow Beck Bell Bennett of Ware Binion Blackshear Bloodworth Boyd of Cook Branch Brooks of Jackson Brooks of Oglethorpe Bruce Bynum Candler Carmichael of Butts Carrington Chappell Cheney

Clark Claxton Clements of Calhoun Clements of Wheeler Cobb Coogler Corbett Culpepper of Mitchell Dallis Davis of Coweta Davis of Floyd Dickerson Dockery Douglass Drinkard Easley Elliott English Ennis, J. H. Ennis, Marion Etheridge of Fulton Evans of Laurens

Evans of McDuffie Ferguson of Camden Ferguson of Sumter Flanders Forrester of Crisp Foster Fowler of Douglas Fowler of Treutlen Gaines Goddard Gowen Graham Grant Grayson Grice Gross of Washington Harrison of Crawford Hatchett Hayes Henderson Herndon Hill

WEDNESDAY, MARCH 8, 1939

1169

Holtzendorff Howard Jackson Jones of Richmond Kaigler Kendrick Kennedy Key Kimbrough King Lanham Lanier Lewis Lovett Mankin Mason Maxwell McCracken McGraw

McNall Merritt Moore of Lumpkin Morgan Pannell Pharr Pierce Pilcher Preston Ragan Rees Roughton Sabados Sams Sapp Sartain Saunders Scott Smiley

Those not voting were Messrs.:

Bennett of Clarke Connell Etheridge of Houston Ford Goolsby Hardman Harvey

Joel McDaniel Miller Mosely Moss Purdy Rawlins

Smith of Henry Stiles Strickland of Pierce Swindle Thigpen of Evans Tipton Trippe Turner Vickery Wages Warren Whipple Whitaker Williams of Bacon Williams of Ware Wohlwender Wright Yawn Yeomans
Rogers Simmons Summerour Terrell Tippins Tomlinson

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

On the adoption of the Committee Substitute to House Bill No. 435, the ayes were 61, the nays 123.

The Committee Substitute, was lost.

The Speaker ruled the Substitute to House Bill No. 435, offered by Messrs. Allison of Gwinnett, and others, out of order.

On adoption of the Lanham Substitute to House Bill No. 435, Mr. Evans of McDuffie moved the ayes and nays, and the call was sustained.

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

Those voting in the affirmative were Messrs.:

Beck Bennett of CJarke Branch Bray

Brooks of Jackson Bush Bynum Carrington

Carter Chappell Cheney Clark

1170

JOURNAL OF THE HOUSE,

Claxton Clements of Calhoun Clements of Marion Clements of Wheeler Coogler Cook Corbett Culpepper of Mitchell Curry Daughtry Davis of Floyd Dean Dockery Drake Ennis, J. H. Ennis, Marion Foster Fowler of Treutlen Gaines Graham Grant Greene Grice Griffin Gross of Stephens

Gross of Washington Harrison of Crawford Harrison of Jenkins Hatchett Hayes Henderson Herndon Hill Holtzendorff Jackson Jones of Richmond Kaigler Kelley Kennedy Key Kimbrough King Lanham Lanier Lewis Looper Mason McGraw Merritt Moore of Lumpkin

Those voting in the negative were Messrs.:

Aiken Allen Allison of Gwinnett Allison of White Almand Ansley Atkinson Barlow Barrett Bell Bennett of Ware Binion Blackshear Blease Bloodworth Boyd of Cook Boyd of Greene Brooks of Oglethorpe Bruce Campbell

Candler Carmichael of Cobb Clary Cobb Culpepper of Fayette Dallis Davis of Coweta DeFoor Dickerson Drinkard Easley Edwards of Lowndes Edwards of Taylor Elliott English Etheridge of Baker Etheridge of Fulton Evans of Laurens Evans of McDuffie Ferguson of Camden

Moore of Taliaferro Pannell Pharr Pierce Preston Reid Rossee Roughton Rountree Sanders Sapp Sartain Scott Stiles Strickland of Pierce Swindle Tate Trippe Vickery Wages Whipple Whitaker Wiggins Yawn
Ferguson of Sumter Flanders Forrester of Crisp Forrester of Dade Franklin of Bulloch Franklin of Polk Gavin Gill Goddard Gowen Grayson Guyton Harden Hinson Howard Jones of Brantley Jones of Paulding Kendrick Lovett Maxwell

WEDNESDAY, MARCH 8, 1939

1171

McBride McCracken McNall Middleton Mills Morgan Moss Parham Parker Pilcher Ragan

Rees Rogers Sabados Sams Smiley Smith of Henry Smith of Schley Strickland of Haralson Sumner Thigpen of Evans Thigpen of Glascock

Thornton Tipton Turner Warren Williams of Bacon Williams of Ware Wohlwender Wright Yeomans

Those not voting were:

Carmichael of Butts Connell Conner Davidson Douglass Etheridge of Houston Ford Fowler of Douglas Goolsby

Hardman Harvey Joel Johnson Mankin Marshall McDaniel Miller Mosely

Purdy Rawlins Saunders Simmons Summerour Terrell Tippins Tomlinson Wells

By unanimous consent, the roll call was verified.

On the adoption of the Lanham Substitute, the ayes were 86, the nays 91.

The Substitute was lost.

Mr. Lanham of Floyd moved that the House reconsider its action in ordering the main question.

Mr. Lanier of Richmond moved that the House reconsider its action in defeating the Lanham Substitute.

On the motion to reconsider Lanham Substitute Mr. Hatchett of Meriwether 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 Beck Bennett of Clarke Branch Bray Brooks of Jackson Brooks of Oglethorpe Bush

Bynum Carrington Chappell Cheney Claxton Clements of Calhoun Clements of Wheeler Coogler

Cook Corbett Culpepper of Mitchell Curry Daughtry Davis of Floyd Dean Dockery

1172

JOURNAL OF THE HOUSE,

Drake Ennis, J. H. Ennis, Marion Flanders Foster Fowler of Treutlen Gaines Graham Greene Grice Griffin Gross of Stephens Gross of Washington Harrison of Crawford Harrison of Jenkins Hatchett Hayes Henderson Hill

Jackson Jones of Richmond Kaigler Key Kimbrough King Lanham Lanier Lewis Looper Mankin Mason McGraw McNall Merritt Moore of Lumpkin Moore of Taliaferro Pannell Pharr

Those voting in the negative were Messrs.:

Aiken Allen Allison of Gwinnett Allison of White Ansley Atkinson Barlow Barrett Bell Bennett of Ware Binion Blackshear Blease Bloodworth Boyd of Cook Boyd of Greene Bruce Campbell Candler Carmichael of Cobb
C~cy
Conner Culpepper of Fayette Dallis Davis of Coweta DeFoor

Dickerson Drinkard Easley Edwards of Lowndes Edwards of Taylor Elliott English Etheridge of Baker Etheridge of Fulton Evans of Laurens Evans of McDuffie Ferguson of Camden Ferguson of Sumter Forrester of Crisp Franklin of Bulloch Franklin of Polk Gavin Gill Goddard Gowen
Gnm
Grayson Guyton Harden Hinson Holtzendorff

Pierce Preston Rossee Roughton Sanders Sapp Sartain Scott Stiles Strickland of Pierce Swindle Tate Thigpen of Glascock Trippe Vickery Wages Whipple Whitaker Yawn
Howard Jones of Brantley Jones of Paulding Kendrick Kennedy Lovett Marshall Maxwell McBride McCracken Middleton Mills Morgan Moss Parham Parker Pilcher Rees Reid Rogers Rountree Sabados Sams Smiley Smith of Henry Smith of Schley

WEDNESDAY, MARCH 8, 1939

1173

Strickland of Haralson Sumner Thigpen of Evans Thornton

Tipton Turner Wiggins Williams of Bacon

Williams of Ware . Wohlwender
Wright Yeomans

Those not voting were Messrs.:

Carmichael of Butts Carter Clark Clements of Marion Cobb Connell Davidson Douglass Etheridge of Houston Ford Forrester of Dade

Fowler of Douglas Goolsby Hardman Harvey Herndon Joel Johnson Kelley McDaniel Miller Mosely

Purdy Ragan Rawlins Saunders Simmons Summerour Terrell Tippins Tomlinson Warren Wells

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

On the motion to reconsider Lanham Substitute, the ayes were 81, the nays 89, and the motion was lost.

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

On the passage of the bill, the ayes were 37, the nays 88.

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

Mr. Lanham of Floyd gave notice that at the proper time he would move that the House reconsider its action in failing to pass the hill.

Mr. Gross of Stephens moved that the House do now adjourn until tomorrow morning at 9:00 o'clock, and the motion prevailed.

The Speaker announced the House adjourned until tomorrow morning at 9:00 o'clock.

1174

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Ga.,
Thursday, March 9th, 1939. 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. Gross of Stephens, 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 period of unanimous consents:
1. Introduction of bills and resolutions under the Rules of the House. 2. Report of Standing Committees.
3. Second reading of bills and resolutions, favorably reported.
4. Third reading and passage of local uncontested bills and resolutions of the House and Senate.
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. Edwards of Lowndes-
House Bill No. 786. A bill to be entitled an Act to divert from the Highway Department the sum of $5,000,000.00; and for other purposes.
Referred to Committee on Public Welfare.
By Mr. Rossee of Putnam-
House Bill No. 787. A bill to be entitled an Act to abolish the offices of tax receiver and tax collector of Putnam County, to provide the office and compensation of tax commissioner; and for other purposes.
Referred to Committee on Counties and County Matters. By Mr. Carmichael of Butts-
House Bill No. 788. A bill to be entitled an Act to amend an Act creating a new charter for the City of Jackson; and for other purposes.
Referred to Committee on Municipal Government. By Mr. Carmichael of Butts-

THURSDAY, MARCH 9, 1939

1175

House Bill No. 789. A bill to be entitled an Act to amend an Act creating a new charter for the City of Jackson; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Marion Ennis of Baldwin-
House Bill No. 790. A bill to be entitled an Act to establish the City Court of Milledgeville; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Lovett of Laurens-
House Bill No. 791. A bill to be entitled an Act to amend an Act creating a new charter for the City of Dublin; and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Harris of Richmond-
House Bill No. 792. A bill to be entitled an Act to amend the general appropriations bill so as to make the grandfather's clause apply to all allocated funds; and for other purposes.
Referred to Committee on Ways and Means.
By Mr. Kennedy of Tattnall-
House Bill No. 793. A bill to be entitled an Act amending an Act creating a Board of Commissioners of Roads and Revenues for the County of Tattnall by providing for five members instead of four, and naming the Chairman; and for other purposes.
Referred to ~ommittee on Counties and County Matters.
By Messrs. Sartain and Kelley of WalkerHouse Bill No. 794. A bill to be entitled an Act to provide that in grand
jury city courts the defendant in misdemeanor cases can be required to go to trial on an accusation without the necessity of an indictment; and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Rawlins of TelfairHause Bill No. 795. A bill to be entitled an Act to create and incorporate
the City of Jacksonville in the County of Telfair, and grant a charter to that Municipality, to prescribe and define corporate limits thereof, a Municipal Government; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Moore of LumpkinHouse Bill No. 796. A bill to be entitled an Act amending the Act rein-

1176

JOURNAL OF THE HOUSE,

corporating the City of Dahlonega, by authorizing the mayor and council of Dahlonega to assess and levy street and sidewalk paving assessments against abutting property owners; and for other purposes.
Referred to Committee on Counties and County :Matters.
By Messrs. DeFoor of Mcintosh and Howard of Long-
House Bill No. 797. A bill to be entitled an Act to prohibit the erection or construction or reconstruction of a bridge across the Altamaha, Ocmulgee or Oconee Rivers, unless said bridge is equipped with a draw or movable span to allow unlimited vertical clearance for vessels; and for other purposes.
Referred to Committee on Public Highways No. 2.
By Messrs. Atkinson of Chatham, Franklin of Bulloch, Lovett of Laurens and Drake of Seminole-
House Resolution No. 180-787 A. A resolution authorizing the creating of a State Road Survey Council; and for other purposes.
Referred to Committee on Public: Highways No. 1.
By Mr. Key of Jasper-
House Resolution No. 181-787 B. A resolution authorizing payment of expenses to sub-committees of appropriation committee; and for other purposes.
Referred to Committee on Appropriations.
Mr. Carmichael of Cobb 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 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. 694. Do pass.
House Resolution No. 177-779 A. Do pass.
Respectfully submitted,
Carmichael of Cobb, Chairman.
Mr. Scott of Thomas 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

THURSDAY. MARCH 9, 1939

1177

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. 773. Do pass. Senate Bill No. 154. Do pass.
Respectfully submitted, Scott of Thomas, Chairman.
Mr. Scott of Thomas County, Chairman of the Committee on Counties and County Matters, submitted the foHowing 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. 781. Do pass. Respectfully submitted,
Scott of Thomas, Chairman. Mr. Scott of Thomas 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 considera-
tion 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. 784. Do pass. Respectfully submitted,
Scott of Thomas, 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:
House Bill No. 689. Do pass. Respectfully submitted,
Davis of Floyd, Chairman.

1178

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. 90, 280, 344, 501, 637, 712, 716, 718, 719, 721, 734, 737, 739, 743, 744, 747, 748, 717, 733.
Respectfully submitted,
Sartain of Walker, Chairman.
Mr. Ansley of Lee 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 bills and resolution of the House, to-wit:
House Bills Nos. 175, 347, 372, 542, 548, 557, 588, 593, 600, 608.
House Resolution No. 45-186 A.
Respectfully submitted,
Ansley of Lee, Chairman.
Mr. McGraw of Meriwether 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. 763. Do not pass.
House Bill No. 777. Do pass.
Respectfully submitted,
McGraw of Meriwether, Chairman. Mr. Sams of DeKalb County, Chairman of the Committee on Municipal Government, submitted the following report:
Mr. Speaker: Your Committee on Municipal Government have had under consideration the

THURSDAY, MARCH 9, 1939

1179

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. 750. Do pass.
House Bill No. 758. Do pass.
House Bill No. 764. Do pass. Respectfully submitted,
Sams of DeKalb, Chairman.
Mr. Lovett of Laurens 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 Senate and have instructed me, as Chairman, to report the same back to the House with the following recommendations:
House Bill No. 770. Do pass.
Senate Bill No. 146. Do pass.
Respectfully submitted,
Lovett of Laurens, Chairman.
Mr. Marshall of Macon County, Chairman of the Committee on Temperance, submitted the following report:
Mr. Speaker: Your Committee on Temperance have had under consideration the following
bill of the House and have instructed me, as Chairman, to report the same back to the House with the following recommendation:
House Bill No. 731. Do pass.
Respectfully submitted,
Marshall of Macon, Chairman.
Mr. Lanham of Floyd 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. 380. Do pass by substitute.
House Bill No. 463. Do pass by substitute.

1180

JOURNAL OF THE HOUSE,

House Bill No. 666. Do not pass.
House Bill No. 667. Do not pass.
House Bill No. 676. Do pass.
House Bill No. 715. Do pass.
Respectfully submitted,
Lanham of Floyd, Chairman.
By unanimous consent, the following bills and resolutions of the House and Senate, favorably reported, were read the second time:
By Mr. Bynum of Rabun-
House Bill No. 380. A bill to be entitled an Act to amend Section 56-233 of the Code of Georgia of 1933, relating to fees to be paid by insurance companies or associations and tax on gross receipts o'f such companies or associations; and for other purposes.
By Mr. Bynum of Rabun-
House Bill No. 463. A bill to be entitled an Act to amend General Tax Act relative to taxation of insurance companies by substituting in lieu thereof a new paragraph providing for a three percentum tax upon gross premiums, and exempting the Farmers Mutual Insurance Companies operating in not more than four counties, and requiring insurance companies owning property to make ad valorem tax returns; and for other purposes.
By Mr. Scott of Thomas-
House Bill No. 689. A bill to be entitled an Act to adopt an official Coat of Arms and an official flag for the State of Georgia; and for other purposes.
By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton-
House Bill No. 694. A bill to be entitled an Act to amend Article 7, Section 7, Paragraph 1, of the Constitution to require the Fulton County Board of Education to assume certain bonded indebtedness; and for other purposes.

By Mr. Etheridge of Fulton-
House Bill No. 731. 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."
By Mr. Barrett of Cherokee-

THURSDAY, MARCH 9, 1939

1181

House Bill No. 750. A bill to be entitled an Act to re-incorporate the Town of Woodstock; and for other purposes.
By Mr. Moss of Gordon-
House Bill No. 758. A bill to be entitled an Act to incorporate the Town of Oakman in the County of Gordon; and for other purposes.
By Messrs. Rogers, Lanham and Davis of Floyd-
House Bill No. 764. A bill to be entitled an Act to amend the charter of the City of Rome; and for other purposes.
By Messrs. Bush and Culpepper of Mitchell-
House Bill No. 770. A bill to be entitled an Act to amend the "Highway Mileage" Act by adding to the Traylor-Neill map a continuation of State Highway No. 93; and for other purposes.
By Mr. Hatchett of Meriwether-
Hause Bill No. 773. A bill to be entitled an Act to amend an Act entitled "An Act to amend an Act approved February 17, 1877, to constitute a Board of Commissioners for the county, as amended, by providing for the employment of a Clerk of the Board"; and for other purposes.
By Mr. Culpepper of Fayette-
House Bill No. 777. A bill to be entitled an Act to repeal an Act entitled "An Act to create and establish a state-wide general election in addition to those elections now provided for under existing laws, to provide how and when held; and for other purposes."
By Mr. Douglass of Talbot-
House Bill No. 781. A bill to be entitled an Act to amend an Act entitled "An Act to abolish the offices of Tax Collector and Tax Receiver of Talbot County; to create the office of Tax Commissioner of said county, etc." by providing that the compensation for Tax Commissioner shall be $800.00 rather than $1500.00 per annum; and for other purposes.
By Mr. Evans of McDuffie-
Hause Bill No. 784. A bill to be entitled an Act to provide the manner in which the Justices of the Peace and Notaries shall be compensated in criminal cases in McDuffie County; and for other purposes.
By Messrs. McGraw and Hatchett of Meriwether-
Hause Resolution No. 177-779 A. A resolution to propose to the voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution so as to authorize the City of Greenville to incur a bonded indebtedness; and for other purposes.

1182

JOURNAL OF THE HOUSE,

By Senator Cail of the 17th District-
Senate Bill No. 146. A bill to be entitled an Act to amend Section 95-1715 of the 1933 Code relating to condemnation of right of way by permitting condemnation of property for public roads to the width of 200 feet at the base and by permitting condemnation for borrow-pits; and for other purposes.
By Senator Lindsay of the 34th District-
Senate Bill No. 154. A bill to be entitled an Act to amend an Act approved August 20, 1925, etc., to authorize the election of Commissioner of Roads and Revenues for DeKalb 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. Swindle of Berrien-
House Bill No. 683. A bill to be entitled an Act to create and establish the City Court of Nashville in and for 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 104, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Atkinson of Chatham-
House Bill No. 738. A bill to be entitled an Act to revise, alter and amend the several Acts incorporating the Town of Tybee, now known as Savannah Beach; and for other purposes.
The following Committee Substitute to House Bill No. 738, was read and adopted:
A BILL
To be entitled an Act to revise, alter and amend the several Acts incorporating the Mayor and Councilmen of the Town of Tybee, now known under the Act of the General Assembly approved August 1, 1929, as Savannah Beach, Tybee Island; to define the qualifications of electors thereof; to define the qualifications for Councilmen and Mayor of said Town; to provide for an election for Mayor and Councilmen of said Town to be held on May 1st, 1939; and to provide for a permanent registration for the voters of said Town, to provide for Primary Elections; and for other purposes.
SECTION 1.
Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the Act of the General Assembly of the State of Georgia, approved August 19, 1922, entitled "An Act to amend, revise, and

THURSDAY, MARCH 9, 1939

1183

consolidate the several Acts granting corporate authority to the Town of Tybee; to confer additional powers on the Mayor and Councilmen of the Town of Tybee; to define the corporate limits of said Town, and for other purpose~", be and the same is hereby amended by striking from said Act Section 8 thereof and enacting in lieu thereof the following to be known as Section 8 of said Act:
"Section 8. Be it further enacted that the following persons shall be qualified and entitled to vote for Mayor and Councilmen of the Town of Tybee at elections held for that purpose: persons who shall be 21 years old, or upwards, shall on his own name and right a lot or parcel of land in said Town, the deed to which has been recorded in the office of the Clerk of the Superior Court of Chatham County, Georgia, at least sixty days prior to said election, shall be a citizen of the United States, and shall have been a resident of the State of Georgia one year next preceding said election, and shall have been a bona fide resident and domiciled in the County of Chatham six months next preceding said election, and shall have paid all poll taxes that he or she may have had an opportunity of paying agreeably to law; and in addition thereto, persons who shall be 21 years old, or upwards, who shall be a citizen of the United States and shall have resided in this State one year next preceding the election and shall have been a bona fide resident and domiciled within the corporate limits of the Town of Savannah Beach, Tybee Island, six months next preceding the election, and shall have paid all poll taxes that he or she may have had an opportunity of paying agreeably to law."
SECTION 2.
Be it further enacted that, hereafter in all elections for Mayor and Councilmen of said Town of Savannah Beach, Tybee Island, three of the Councilmen elected shall be bona fide residents and domiciled within the corporate limits of the Town of Savannah Beach, Tybee Island, and qualified as voters thereof; and that three of the Councilmen elected shall be bona fide residents and domiciled in Chatham County, outside of the corporate limits of the Town of Savannah Beach, Tybee Island, and shall own property at Savannah Beach, Tybee Island, and shall be qualified voters thereof. All of the Councilmen elected shall also have the qualifications prescribed by Section 2 of the Act of March 30, 1937, amending the charter of said Town. Anyone who is a qualified voter of Savannah Beach, Tybee Island, may be elected Mayor thereof, provided that he is qualified as prescribed by Section 2 of the said Act of March 30, 1937. Should a vacancy occur in the office of Mayor by death, resignation or any other cause, such vacancy shall be filled by a majority vote of said Councilmen. Should a vacancy or vacancies occur in the office of Councilmen by death, resignation or any other cause, such vacancy or vacancies shall be filled by a majority vote of said Council, provided that the Councilman elected shall be registered in the same class of electors as that of his predecessor.
SECTION 3.
Be it further enacted by the authority aforesaid that Section 4 of the Act of the General Assembly of the State of Georgia, approved August 19, 1922, as aforesaid, be and the same is hereby repealed.

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JOURNAL OF THE HOUSE,

SECTION 4.
Be it further enacted that in view of the fact that a lawful election for Mayor and Councilmen of the Town of Savannah Beach, Tybee Island, was not held on the first Monday in April, 1938, which was the time appointt'd for the holding of an election for Mayor and Councilmen of said Town, and the Mayor and Councilmen who were duly elected at the election held on the preceding first Monday in April, 1936, are holding over until their successors are elected and qualified, an election for Mayor and Councilmen of said Town shall be held on the 1st day of May, 1939; and the Mayor and Councilmen of said Town who are holding over shall conduct the election in the manner set forth in the said Act of August 19, 1922; and the Mayor and Councilmen elected at this election shall hold office until the first Monday in April, 1940, and until their successors are duly elected and qualified. It being made to appear that the election for Mayor and Councilmen of said Town which was held on the first Monday in April, 1938, has been adjudged to be an unlawful election, and that the Mayor and Councilmen then elected have been ousted from office, and it being made to appear that at a subsequent election held by the Town of Savannah Beach, Tybee Island, on the 11th day of July, 1938, to determine the question whether bonds should be issued, it being doubtful as to who were the qualified electors of said Town at said bond election, two registration lists were used at said election, one being the registered voters of said Town who owned a lot or parcel of land in said Town and were qualified to vote under the eighth section of the aforesaid Act approved August 19, 1922, and another list of persons who were bona fide residents of and domiciled in the corporate limits of the Town of Savannah Beach, Tybee Island, irrespective of whether they own property in said Town or not, it is hereby enacted that the two registration lists used at said bond election shall be consolidated and the consolidated list is hereby made the registration list for the election of Mayor and Councilmen to be held hereunder on the 1st day of May, 1939, and that all persons registered in consolidated list, and none others, shall be qualified to vote at said election.
SECTION 5.
Be it further enacted that Section 9 of the Act of the General Assembly of the State of Georgia, approved August 19th, 1922, as aforesaid, be and the same is hereby repealed.
SECTION 6.
Be it further enacted that the consolidated list of voters as above prescribed shall be and become a permanent registration of the voters for Mayor and Councilmen of the Town of Savannah Beach, Tybee Island, and that persons who are qualified as voters of said Town who are not included on said permanent list may hereafter register and have their nams:s added to said list during the time which the Clerk of Council shall open the registration list of voters at the Town Hall in Savannah Beach, Tybee Island 90 days prior to the first Monday in March of each year in which an election is held; which list shall be kept open from 10 o'clock
A. M., until 5 o'clock P. M., each and every day, Sundays and legal holidays
excepted, until 45 days prior to the first Monday in March in the year in which an

THURSDAY, MARCH 9, 1939

1185

election is held when said list will be finally closed. Provided, however, that during the last 15 days, Sundays and legal holidays excepted of the above period, the Clerk of Council shall keep said list open in a place designated by the Mayor and Councilmen of the Town of Savannah Beach, Tybee Island, in the City of Savannah,
Georgia, from 10 A. M., until 5 P. M., on each day in order that the duly qualified
electors residing in Chatham County will have an opportunity to register in the City of Savannah instead of at Savannah Beach, Tybee Island. It shall be the duty of the Clerk of Council of said Town of Savannah Beach, Tybee Island, to submit the permanent registration list of voters and/or electors of said Town to the Board of Registrars of Chatham Gounty, Georgia, 30 days prior to the first Monday in March of each year in which an election is held for the purpose of having said registration list purged by the said Board of Registrars of Chatham County and for the purpose of having removed from such registration list the names of all persons who may have become disqualified to vote. It shall be the duty of said Board of Registrars of Chatham County to purge said list when so submitted to them by the Clerk of Council and to remove therefrom the names of all voters and/or electors who are not qualified to vote in the election for Mayor and Councilmen of the Town of Savannah Beach, Tybee Island, to return such list of voters duly approved by the said Board to the Clerk of Council at least ten days prior to the holding of any election provided for under the terms of this Act. Such approved list of the registered and qualified electors and/or voters of the Town of Savannah Beach shall be the list of electors and/or voters eligible to vote in the next succeeding election to be held for Mayor and Councilmen of Savannah Beach. For such service the Board of Registrars of Chatham County shall receive the sum of Fifteen Dollars, to be paid out of the Treasury of the Town of Savannah Beach, Tybee Island.
SECTION 7.
Be it further enacted by the authority aforesaid that the Act of the General Assembly of the State of Georgia, approved August 19th, 1922, as aforesaid, be and the same is hereby amended by adding to Section lO of said Act a paragraph known as "Section lOA" which shall read as follows:
"Section lOA. That it shall be the duty of the Clerk of Council, upon application in person of any person entitled to register, as aforesaid, within the time prescribed for the list to be kept open, to register the name of such person, expressing in such register his or her name, age and place of residence, within the corporate limits of the Town of Savannah Beach, Tybee Island, (providing said person shall not register under the provisions of Section 10, as aforesaid), all of which will be entered by the Clerk, opposite the name of each applicant, in a book kept for such purpose and furnished at the expense of the Town, and in every such case the following oath, which shall be administered by the Clerk, shall be subscribed by the applicant in said book: 'I do solemnly swear or affirm that I am at least 21 years of age; that I am a citizen of the United States; that I have resided continuously within the State of Georgia for one year, and have been a bona fide resident, domiciled within the corporate limits of the Town of Savannah Beach, Tybee Island, for six months all next preceding the Primary Election to be held

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JOURNAL OF THE HOUSE,

on the first Monday in March, 1940, and the General Election to be held on the first Monday in April, 1940; and that I have paid all poll taxes that I may have had an opportunity of paying, agreeably to law, and possess all of the qualifications of an elector as provided by Article 2, Section 1, Paragraph 2, of the Constitution of the State of Georgia, so help me God.' "
SECTION 8.
Be it further enacted by the authority aforesaid that Section 12 of the Acts of the General Assembly of the State of Georgia, approved August 19th, 1922, as aforesaid, be and the same is hereby repealed.
SECTION 9.
Be it further enacted by the authority aforesad that on the first Monday in March, 1940, and thereafter upon the first Monday in March of each year immediately preceding the Regular General Municipal Election for Mayor and Councilmen of the Town of Savannah Beach, Primary Elections shall be held in the Town of Savannah Beach by all political parties which have a State and National organization an~ which desire to have candidates for Mayor and Councilmen m the next ensuing General Municipal Election fixed by law for said Town.
SECTION 10.
Be it further enacted by the authority aforesaid that the first Primary Election provided for under this Act shall be conducted and held under the jurisdiction and authority of three (3) impartial and disinterested umpires, who shall be selected by the Mayor and Councilmen of the Town of Savannah Beach then in office, who shall arrange and provide for all the rules and regulations and details of the Primary not herein provided for and not inconsistent with anything provided for in this Act. At said first election and at each election thereafter held under this Act, each political party of the description aforesaid, which may have candidates for Mayor and Councilmen in such election, shall submit for election an Executive Committee to be known as The Town Executive Committee of the Town of Savannah Beach, Tybee Island, such Committee to be composed of ten ( 10) citizens who are qualified voters of the Town of Savannah Beach under the provisions of this Act, five ( 5) of whom shall be actual bona fide residents who have been domiciled within the corporate limits of the Town of Savannah Beach, Tybee Island, six months prior to said election, and five (5) of whom shall be residents of Chatham County, and who own property, as described in this Act, in the Town of Savannah Beach, Tybee Island. And in future elections held under this Act, the Town Executive Committee of each political party of the description aforesaid shall have the authority to arrange and provide for all rules and regulations and details of the Primary of their respective parties, not herein provided for and not inconsistent with anything provided for in this Act.
SECTION 11.
Be it further enacted by the authority aforesaid that at such Primary Elections, every person qualified to vote in the next succeeding Regular General Municipal

THURSDAY, MARCH 9, 1939

1187

Election, and who is further qualified under the rules of the said Executive Committee of his respective Party, shall be entitled to vote. The list of qualified registered voters of the said Town of Savannah Beach, Tybee Island, prepared by the Clerk of Council of said Town of Savannah Beach, after being duly purged and approved by the Board of Registrars of Chatham County, as provided for in Section 6 of this Act, shall be used as the list of registered and qualified voters entitled to vote in such Primary Elections, and said list shall be certified and furnished by the Clerk of Council of the Town of Savannah Beach to the Managers of such Primary Elections at the time and in the manner required by law for the furnishing of lists of voters at the Regular General Election for Mayor and Councilmen of the Town of Savannah Beach, Tybee Island.
SECTION 12.
Be it further enacted by the authority aforesaid, that at all such Primary Elections there shall be the same number of boxes, the same hours of voting, and the same place of voting, as provided by law for the Regular General Election for Mayor and Councilmen of the Town of Savannah Beach, Tybee Island.
SECTION 13.
Be it further enacted by the authority aforesaid that each candidate for the office of Councilman and Mayor shall have the necessary qualifications required by Section 1 of this Act, and that the candidate for Mayor receiving the highest number of votes in his Party shall be declared the nominee of his Party, and the three (3) Councilmen who are actual bona fide residents of the Town of Savannah Beach, Tybee Island, and the three (3) Councilmen who are residents of Chatham County, Georgia, and owning property at Savannah Beach, Tybee Island, receiving the highest number of votes in their Party, shall be declared the nominees of their Party.
SECTION 14.
Be it further enacted by the authority aforesaid that each political party of the description aforesaid desiring to enter candidates for Mayor and Councilmen in said elections under this Act, shall have separate ballots prepared and furnished under the supervision of the authorities in charge of the election under the terms of this Act. The official ballot of each political party of the description aforesaid shall contain in separate columns the names of the candidates for Mayor and Councilmen of such parties.
SECTION 15.
Be it further enacted by the authority aforesaid that the electors of the Town of Savannah Beach, Tybee Island, qualified under the provisions of Section 4 of this Act to be such electors by reason of their names being entered on said consolidated list shall be duly registered in the Voters Book at the Office of the Clerk of Council, and such Voters Book or Registration List in the Office of the Clerk of Council shall be the permanent Voters Book or Registration List, and said electors shall be c<msidered as permanently registered, and they shall not thereafter be required to

1188

JOURNAL OF THE HOUSE,

register or further qualify. The provisions of this section apply to those persons
who register and qualify under the provisions of Section 5 of this Act. No person
shall remain a qualified voter and/or elector longer than he shall retain the qualification under which he registered.
SECTION 16.
Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
The report of the Committee, which was favorable to the passage of the bill, by substitute, was agreed to.
On the passage of the bill, by substitute, the ayes were 105, the nays 0.
The bill having received the requisite constitutional majority was passed, by substitute.
By Messrs. Yawn and Wiggins of Dodge-
House Bill No. 711. A bill to be entitled an Act to amend an Act regulating the holding of primary elections of all political parties in the County of Dodge; and for other purposes.
The report 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. Atkinson and Grayson of Chatham-
House Bill No. 757. A bill to be entitled an Act to amend the several Acts incorporating and relating to 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 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 Howe of the 38th DistrictSenate Bill No. 131. A bill to be entitled an Act to amend Code Section 9-401,
defining the practice of law; and for other purposes. Referred to Committee on General Judiciary No. 1.
By Senator McGinty of the 43d District-

THURSDAY, MARCH 9, 1939

1189

Senate Bill No. 155. A bill to be entitled an Act to require preparation and publication of a report of receipt and disbursements of public funds by authorities of cities, towns and counties; and for other purposes.
Referred to Committee on Counties and County ].Hatters.
By Senators Abbot of the 18th, Brown of the 4th and Causey of the 46th Districts-
Senate Bill No. 156. A bill to be entitled an Act repealing "An Act to prescribe the manner of incorporating towns and villages in this state "; and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Senators Millican of the 52nd and Abbot of the 18th Districts-
Senate Bill No. 161. A bill to be entitled an Act to amend Article 13, Section 1, Paragraph 1, of the Constitution so as to provide that proposed amendments affecting only a county or municipality be submitted to the voters of such county or municipality; and for other purposes.
Referred to Committee on Amendments to Constitution No. 1.
By Senators Spivey of the 16th, Durden of the lOth, Harrell of the 7th, Cloud of the 19th and Brinson of the 42nd Districts-
Senate Bill No. 182. A bill to be entitled an Act to authorize the record owner of legal title to an interest in land as security for debt to recover trees, or their value, from any person, firm or corporation, who, without consent, buys, sells, cuts, holds, removes, disposes of, changes the form of, or otherwise converts any trees growing or grown on such lands; 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 substitute by the requisite constitutional majority the following bill of the House, to-wit:
By Mr. McBride of MontgomeryHouse Bill No. 194. A bill to amend the revenue certificate law by authorizing
schools as well as counties to participate under the Acts and to define the term "Undertakings"; 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 reqms1te constitutional majority the following
bills and resolutions of the House and Senate, to-wit:

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JOURNAL OF THE HOUSE,

By Messrs. Atkinson, Grayson and McNall of Chatham-

House Bill No. 125. A bill to extend the penal laws of the State to illegal practices in general elections to all primary elections; and for other purposes.

By Mr. Grice of Bibb-

House Bill No. 181. A bill to increase the membership of the Milk Control Board to seven members ; and for other purposes.

By Senators Howe of the 38th, Millican of the 52nd, Harrell of the 7th, Lindsay of the 34th and Groover of the 37th Districts-

Senate Bill No. 160. A bill to repeal an Act creating the State Penal Administration Board to be known as the Board of Penal Corrections; and for other purposes.

By Senator Groover of the 37th District-

Senate Bill No. 181. A bill to amend an Act approved February 28, 1939, by striking the last sentence of Section 1, and substituting in lieu thereof a new sentence and to provide that said Act shall not apply to marriages in which both parties are 18 years of age or more; and for other purposes.

By Senator Boykin of the 29th District-

Senate Bill No. 186. A bill to repeal Section 77-509 of the 1933 Code providing

for the appointment of members of the Prison and Parole Commission; and for

other purposes.

.

By Senator McCranie of the 48th District-

Senate Bill No. 195. A bill to promote the use of cotton and cotton goods; to regulate the package of fertilizer, cement, cotton bales, etc., so as to provide for cotton cloth containers; and for other purposes.

By Senator Cail of the 17th District-

Senate Bill No. 202. A bill to propose to the qualified voters an amendment to Article 7, Section 7, Paragraph 1, of the Constitution, so as to authorize the City of Sylvania to incur a bonded indebtedness; and for other purposes.

By Senators Howe of the 38th and McGinty of the 43rd Districts-

Senate Bill No. 203. A bill providing for the retirement of any member of the Industrial Board upon having attained the age of seventy years, with fifteen or more consecutive years of service; and for other purposes.

By Senator Brooks of the 8th District-

Senate Resolution No. 48. A resolution that the first ten amendments to the United States Constitution be and the same are hereby ratified; and for other purposes.

THURSDAY, MARCH 9, 1939

1191

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 Messrs. Sartain and Kelley of Walker-
House Bill No. 617. A bill to amend the charter of the City of Rossville providing for operation and maintenance of revenue-producing, public work; and for other purposes.
Mr. Lanham of Floyd moved that the House reconsider its action in failing to pass the following hill of the House:
By Messrs. Harvey of Upson and Trippe of Polk-
House Bill No. 435. A hill to be entitled an Act to raise revenue by levying a tax for the benefit of dependent children, etc., to repeal certain tax laws; and for other purposes.
On the motion to reconsider, Mr. Lovett of Laurens moved the ayes and nays, and the call was sustained.

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

Those voting in the affirmative were Messrs.:

Beck Bennett of Clarke Branch Bray Brooks of Jackson Carrington Chappell Cheney Clary Claxton Clements of Calhoun Coogler Corbett Daughtry Davidson Davis of Floyd Dockery Douglass Drake Ennis, J. H. Ennis, Marion

Etheridge of Houston Flanders Foster Fowler of Treutlen Gaines Graham Greene Grice Griffin Gross of Washington Harrison of Crawford Harrison of Jenkins Harvey Hatchett Hayes Henderson Herndon Hill Jackson Johnson Jones of Richmond

Kaigler Key King Lanham Lanier Lewis Looper Merritt Moore of Lumpkin Moore of Taliaferro Mosely Preston Roughton Rountree Sartain Saunders Scott Stiles Strickland of Pierce Swindle Tate

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Thigpen of Evans Thigpen of Glascock Trippe

Vickery Wages Whitaker

Those voting in the negative were Messrs.:

Aiken Allen Allison of Gwinnett Allison of White Almand Ansley Atkinson Barlow Barrett Bell Bennett of Ware Binion Blackshear Blease Bloodworth Boyd of Cook Boyd of Greene Bynum Candler Carmichael of Butts Carmichael of Cobb Clements of Wheeler Cobb Connell Conner Cook Culpepper of Fayette Curry Davis of Coweta DeFoor Dickerson Drinkard Easley Edwards of Lowndes

Edwards of Taylor English Etheridge of Baker Etheridge of Fulton Evans of Laurens Evans of McDuffie Ferguson of Camden Ferguson of Sumter Ford Forrester of Crisp Forrester of Dade Fowler of Douglas Franklin of Bulloch Gavin Gill Goddard Gowen Grant Gross of Stephens Guyton Harden Hinson Holtzendorff Howard Joel Jones of Brantley Jones of Paulding Kendrick Kimbrough Lovett Marshall Mason Maxwell McBride

Those not voting were Messrs.:

Brooks of Oglethorpe Bruce Bush Campbell Carter Clark

Clements of Marion Culpepper of Mitchell Dallis Dean Elliott Franklin of Polk

Yawn
McDaniel Middleton Mills Morgan Moss Pannell Parham Parker Pharr Pilcher Purdy Ragan Rawlins Rees Reid Rogers Sabados Sams Sanders Smith of Schley Strickland of Haralson Sumner Terrell Thornton Tippins Tipton Warren Wells Wiggins Williams of Ware Wohlwender Wright Yeomans
Goolsby Hardman Kelley Kennedy Mankin McCracken

THURSDAY, MARCH 9, 1939

1193

McGraw McNall Miller Pierce Rossee

Sapp Simmons Smiley Smith of Henry Summerour

Tomlinson Turner Whipple Williams of Bacon

By unanimous consent, verification of the roll call was dispensed with. On the motion to reconsider, the ayes were 70, the nays 101.

The motion was lost.
The following bill of the House was taken up for the purpose of considering the Senate amendment thereto:
By Mr. Barrett of Cherokee-
House Bill No. 447. A bill to be entitled an Act to amend an Act creating
a new charter and municipal government for the town of Canton; and for other purposes.
The following Senate Substitute to House Bill No. 447, was read and agreed to: By the Senate:
A BILL

To be entitled an Act to amend an Act of the General Assembly of Georgia approved on July 26th, 1922, creating a new charter and municipal government for Town of Canton, Georgia to provide for occupation and business taxes and provide for collection and regulation of same in said municipality; 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 Section 45 of the Act of the General Assembly of Georgia approved on July 26th, 1922, creating a new charter for Town of Canton, Georgia, be, and the same is hereby amended by striking from said section the following clause:
"Provided that said tax shall not exceed the sum of one hundred dollars per annum upon such person, firm or corporation." So as that when amended said section of said Act shall read as follows:
"Section 45. Be it further enacted that said mayor and council shall have power to assess and collect such special or occupation tax and license fee as they may deem proper upon each and every or any resident, business, trade, calling, profession, occupation, agency or establishment carried on within the corporate limits of said town. They may, also, regulate, license and tax by ordinance in such sums as they deem proper each itinerant, canvasser, agent or peddler who may be doing business in said town and may require such license to be had in advance; they shall have the same authority over all medicine vendors and persons giving theatrical or other like performances, exhibitions and circuses, and all amusements,

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carnivals, billiard and pool tables, skating rinks, public hacks and drays, automobiles for hire, sign painters, bill posters and all persons soliciting business of any kind within the limits of said town, and all other businesses, callings or vocations which are not exempt from license under the constitution and laws of Georgia. Said Mayor and Council may provide for punishment in the Recorder's Court of said town any person failing or refusing to pay any of these said taxes or license fees and may collect such sums due by execution as other taxes due said town are collected."

SECTION 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 following bill of the House was taken up for the purpose of considering the Senate amendment thereto:

By Messrs. Summerour and Bray of Bartow-

House Bill No. 90. A bill to be entitled an Act to amend the Several Acts creating the City Court, in the County of Bartow by abolishing the office of Solicitor of said Court and creating the office of County Prosecutor; and for other purposes.
The following Senate Substitute to House Bill No. 90, was read:

By the Senate-

A BILL

To be entitled an Act to amend an Act entitled "An Act to establish a City Court in the County of Bartow and for other purposes" approved October 10, 1885, and all the Acts amendatory thereof, including an Act entitled "An Act to amend the Act of the General Assembly of Georgia creating the City Court of Bartow County, approved October 10, 1885, so as to abolish the Ex-officio rights of the Solicitor General of the Cherokee Judicial Circuit of said Court; to provide for the appointment of a Solicitor of said Court, to prescribe his fees; and for other purposes", approved August 1, 1904, and an Act entitled "An Act to amend an Act entitled an Act to create a City Court in the County of Bartow and for other purposes approved October 10, 1885, and the Acts amendatory thereof, to fix the costs in suits involving three hundred ($300.00) dollars, or less, to provide for the distribution of said costs between the court officers, to provide for monthly terms of said courts, to fix the salary of the Judge of the City Court; and for other purposes approved February 17, 1937, and the Acts amendatory thereof, by repealing Sections II of said Act approved October 10, 1885, and February 17, 1937, and Sections II, III, IV, and V of said Act approved August 1, 1904, and Section XXI of said Act approved February 17, 1937, so as to abolish the office of Solicitor and said Court and create the office of County Prosecutor in lieu thereof; to provide for the length of terms, to provide for the election of and to fix the salaries of the Judge and County Prosecutor of said Court; to fix the qualifications for County Prosecutor, to define the duties of the County Prosecutor; to repeal all laws or parts of laws in conflict herewith; and for other purposes.

THURSDAY, MARCH 9, 1939

1195

SECTION I.
Be it enacted by the General Assembly of Georgia, that Section II of th~ aforesaid Act of the General Assembly of Georgia, approved October 10, 1885, which reads as follows :
"SECTION II. Be it further enacted that there shall be a Judge of said City Court who shall be appointed by the Governor by and with the consent and advice of the Senate, who shall hold his office for the term of four years; all vacancies in said office shall be filled by appointment by the Governor for the balance of the unexpired term, but should a vacancy occur when the Senate shall not be in session, the Governor shall appoint to fill such vacancy and submit such appointment to the Senate which shall next thereafter convene; the Judge of said City Court shall receive a salary of six hundred dollars per annum, which shall not be diminished during his continuance in office, and which shall be paid quarterly by the Treasurer of the County of Bartow, and it shall be the duty of the Commissioner of Roads and Revenues of said County, or other proper officer, to make provision annually in levying the taxes for this purpose; the said Judge shall receive no other compensation, but may practice law in any court except his own," the Acts amendatory thereof, and Section II of the Act amendatory thereof approved February 17, 1937, which reads as follows:
''There shall be a Judge of the said City Court, who shall be appointed by the Governor of the State by and with the consent and advice of the Senate, who shall hold his office for the term of four years. All vacancies in said office shall be filled by appointment by the Governor for the balance of the unexpired term, but should a vacancy occur when the Senate shall not be in session, the Governor shall appoint to fill such vacancy, and submit such appointment to the Senate which shall next thereafter convene. The Judge of said Court shall receive a salary of eighteen hundred ($1800.00) dollars per annum, which shall not be diminished during his continuance in office, and which shall be paid monthly by the Treasurer of the County of Bartow, and it shall be the duty of the Commissioner of Roads and Revenues of said County, or other proper officer, annually in levying the taxes to make provision for this purpose; the said Judge shall receive no other compensation, but may practice law in any court except his own. The Judge of said Court shall have all powers and functions conferred by law upon the Judges of Superior Courts, except in matters exclusively vested in the Superior Courts or the Judges thereof, by the Constitution and laws of the State",
are hereby amended by striking or repealing the same and re-enacting them in the following language, to-wit:
"SECTION II. There shall be a Judge of said City Court who shall be elected by the qualified voters of Bartow County, who shall hold his office for the term of four years except as hereinafter provided. All vacancies, except the vacancy created by the expiration of the four year term, shall be filled by appointments of the Governor until the first day of January after the first day of January after the General Election for members of the General Assembly held next after the

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expiration of thirty days from the time such vacancy occurs, at which election a successor for the unexpired term shall be elected.
"If the person elected at the regular elections hereinafter provided for shall die before qualifying or taking office, fail to qualify by the first day of his term, or is legally declared ineligible to hold said office, or if for any reason no regular general election has been held to elect said Judge, or no Judge was elected at said regular election, the Ordinary of the County of Bartow shall call an election to fill the vacancy in the same manner and under the same regulations as elections are called and held for filling vacancies in the office of the Clerk of the Superior Court, said election to be held within 30 days of said death, or failure to qualify or take office, or failure to hold the regular general election, or failure to elect such Judge at the regular general election, or the Judge-elect is legally declared ineligible to hold said office. The holder of the preceding term shall hold the office until the vacancy caused by death before taking office, or said failure to qualify, or failure to hold the regular general election for such Judge or failure to elect such Judge at the regular general election, is filled by the election as provided by the immediately preceding sentence hereof. The person elected at the election called by the Ordinary as hereinbefore provided for shall take office as soon after his election as he qualifies.
"An election to elect a judge of said court shall be held at the General Election at which members of the General Assembly are elected in 1940, and his term of office shall begin at the expiration of the present term of the Judge of said Court as now constituted, and shall continue until the first day of January, 1945. This Act shall not be construed as abolishing or terminating the present term of the Judge of said Court, but he shall continue in his office as Judge for the full term for which he was appointed and commissioned. Beginning with the first day of January, 1945, the term of office of the Judge of said Court shall be four years, and a Judge of said Court shall be elected at the general election in Bartow County at which members of the General Assembly are elected in 1944 and at the general election in said County at which members of the General Assembly are elected, every four years thereafter; the person elected at such elections shall take office as Judge of said Court on the first day of January next after they are elected.
"The Judge of said Court shall receive a salary of eighteen hundred ($1800.00) dollars per annum, which shall not be diminished during his continuance in office, and which shall be paid monthly by the Treasurer of the County of Bartow, and it shall be the duty of the Commissioner of Roads and Revenues of said County, or other proper officer, annually in levying the taxes, to make provision for this purpose; the said Judge shall receive no further compensation, but may practice law in any court except his own.
"The Judge of said Court shall have all powers and functions conferred by law upon the Judges of the Superior Court, except in matters exclusively vested in the Superior Courts or the Judges thereof, by the Constitution and laws of the State."

THURSDAY, MARCH 9, 1939

1197

SECTION II
Be it further enacted by the authority aforesaid that Section XXI of the aforesaid Act which was approved on February 17, 1937, which reads as follows:
"Be it further enacted that it shall be the duty of the Governor of the State of Georgia to appoint from the lawyers of Bartow County who have been actively engaged in the practice of law for a period of not less than three years immediately preceding the appointment, a Solicitor for the City Court of Cartersville, which appointment shall be confirmed by the Senate, whose term of office shall be for a period of four years from the time that said appointee shall assume the duties of said Solicitor of said City Court. A new solicitor to be appointed at periods of four years succeeding the first appointment.
"Be it further enacted that the duties of said Solicitor of said City Court shall be the same as those now prescribed for the Solicitor-General of the Cherokee Judicial Circuit, and whose fees shall be the same as the Solicitor General of the Cherokee Judicial Circuit.
"Be it further enacted, that the term of office of the Solicitor of the City Court of Cartersville, created under the provisions of this Act, shall not begin until the expiration of the present term of the Solicitor-General of the Cherokee Judicial Circuit; and that the duties of the Solicitor-General of the Cherokee Judicial Circuit shall continue to be exercised by the said Solicitor-General as to the City Court of Cartersville until the expiration of his present term of office, when his duties as ex-officio Solicitor General of said City Court shall cease and the duties of the Solicitor of said City Court, appointed under this Act, shall begin", and Sections II, Ill, IV and V of the Act of the General Assembly approved August 1, 1904, published in the Acts of 1904, pages 139-140, providing for a solicitor of said City Court, which read as follows, to-wit:
"Section II. Be it further enacted that it shall be the duty of the Governor of the State of Georgia to appoint from the lawyers of Bartow County who have been actively engaged in the practice of law for a period of not less than three years immediately preceding the appointment, a Solicitor for said City Court of Cartersville, which appointment shall be confirmed by the Senate, whose term of office shall be for a period of four years from the time that said appointee shall assume the duties of said solicitor of said City Court. A new solicitor to be appointed at periods of four years succeeding the first appointment.
"Section III. Be it further enacted that the duties of said Solicitor of said City Court shall be the same as those now prescribed for the Solicitor-General of the Cherokee Judicial Circuit.
"Section IV. Be it further enacted that the term of office of the Solicitor of the City Court of Cartersville, created under the provisions of this Act, shall not begin until the expiration of the present term of the Solicitor-General of the Cherokee Judicial Circuit; and that the duties of the Solicitor-General of the Cherokee Judicial Circuit shall continue to be exercised by the said Solicitor-General

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as to the City Court of Cartersville until the expiration of his present term of office, when his duties as ex-officio Solicitor-General of said City Court shall cease and the duties of the Solicitor of said City Court, appointed under this Act, shall begin.
"SECTION V. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are, hereby repealed", are hereby amended by striking or repealing the same and the following section passed in lieu thereof:
"SECTION XXI. There shall be a prosecuting attorney for said Court who shall be known as the 'County Prosecutor' who shall be elected by the qualified voters of Bartow County and shall hold office for a term of four years, except as hereinafter provided. The first county prosecutor shall be elected at the election at which members of the General Assembly are elected in said County in 1940. His term of office shall begin at the expiration of the present term of the Solicitor of said Court as now constituted and shall continue until the first day of January, 1945. This Act shall not be construed as abolishing or terminating the present term of the Solicitor of said Court, but he shall continue in his office for the full term for which he was appointed and commissioned. Beginning with the first day of January, 1945, the term of office of the County Prosecutor shall be four years, and he shall be elected and his term of office shall begin at the same time, as provided in Section One of this Act for the election of Judges of said Court, and the beginning of their terms of office. The office of County Prosecutor shall be deemed vacant when no regular general election is held to elect a successor, when no County Prosecutor was elected at such general election, when the County Prosecutorelect dies before qualifying or taking office, or when the Prosecutor-elect is legally declared ineligible to hold the office before taking office, when he fails to qualify by the first day of his term, and under all other circumstances declared by law to create a vacancy. A vacancy occurring in the office of County Prosecutor shall be filled in the same manner and under the same rules and regulations as the same type of vaancy occurring in the office of the Judge of said Court is filled under the provisions of Section One of this Act.
"Be it further enacted that the duties of said County Prosecutor shall be the same as the Solicitor of said City Court, said County Prosecutor to take the place of and act instead of the Solicitor of said Court, the office of said Solicitor being hereby abolished to take effect at the expiration of the present term of the Solicitor of said Court. The County Prosecutor shall be paid a salary of twelve hundred ($1200.00) dollars per annum which shall not be diminished during his term, and which shall be paid monthly by the Treasurer of the County of Bartow, and it shall be the duty of the Commissioner of Roads and Revenues of said County, or other proper officer, annually in levying the taxes, to make provisions for this purpose; the said County Prosecutor shall receive no other compensation but may practice law. The fees which have been and are paid to the Solicitor of said Court shall be paid to the Treasurer of said County after the County Prosecutor takes office under the terms of this Act, and shall become a part of the general funds of said County of Bartow.

THURSDAY, MARCH 9, 1939

1199

"Be it further enacted that no person shall be eligible to be County Prosecutor of said Court unless at the time of his election or appointment he shall have attained the age of twenty-three years, and be a lawyer, and have actively engaged in the practice of law in the State of Georgia for as much as two years, and shall have been a resident of said County for as much as two years next preceding his election or appointment.
"Be it further enacted that wherever the terms 'solicitor' of said court is used in any Act of the General Assembly, or other law, it shall be held and deemed to mean 'County Prosecutor' after the first County Prosecutor takes his office under the terms of this Act.
"SECTION III. Be it further enacted, that should any one or more provisions of this Act be adjudged unconstitutional or invalid, such invalid provision shall not invalidate the whole or any part of this Act.
"SECTION IV. Be it further enacted, that all Acts and parts of Acts in conflict with this Act are hereby repealed."
Mr. Bray of Bartow asked unanimous consent that the House disagree to the Senate Substitute, and requested the appointment of a Committee of Conference thereon, and the consent was granted.
The following bill of the House was taken up for the purpose of considering the Senate amendment thereto:
By Mr. Coogler of Clayton-
House Bill No. 131. A bill to be entitled an Act to amend Section 105-1306 of the Code of Georgia of 1933 relating to recovery on part of husband and/or surviving children for wrongful death of wife or mother; and for other purposes.
The Senate moves to amend House Bill No. 131, by adding a section known as Section 2.
That all laws and parts of laws in conflict with the law be and the same are hereby repealed.
Mr. Coogler of of Clayton moved that the Senate amendment be agreed to, and the motion prevailed.
The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules having had under consideration the fixing of a .calendar have established as a special and continuing order of business the following:
1. House Bill No. 637. Creating a Division of Confederate Soldiers PensiOns.
2. House Bill No. 124. To fix the taxable situs of intangible property.

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3. House Bill No. 283. To limit number of employees of Tag Department. 4. House Bill No. 292. To limit number of inspectors of Revenue Department.
5. House Bill No. 452. To transfer supervision of Capitol Building to Parks
Department. 6. House Bill No. 469. Allowing Highway Department to purchase bridges
over State line. 7. House Bill No. 280. Uniform stock transfers. 8. House Bill No. 354. Fixing hunting season in certain counties. 9. House Bill No. 612. Court Bill.
10. Senate Bill No. 75. Cooperative insurance exchanges.
11. Senate Bill No. 4. Regulating the sale of amytal and luminal. 12. Senate Bill No. 33. Housing Cooperation law. 13. Senate Bill No. 34. Amending Housing Authority Act. 14. Senate Bill No. 35. Relating to housing authorities. 15. Senate Bill No. 36. Relating to housing authorities. 16. Senate Bill No. 70. Relating to housing authorities. 17. House Bill No. 277. Relating to Fire Protection. 19. House Bill No. 729. Taxing Government Authorities. 20. House Bill No. 730. Taxing Government Authorities. 21. House Bill No. 342. Fulton Judgeship. 22. House Bill No. 219. Compulsory Education Bill. 23. House Bill No. 446. Salary Reduction.
Gross of Stephens, Vice-Chairman. The following bill of the House was taken up for the purpose of considering the Senate amendment thereto: By Mr. McBride of MontgomeryHouse Bill No. 194. A bill to be entitled an Act to amend the RevenueCertificate law, by authorizing school districts as well as counties, cities and towns to participate under this Act; and for other purposes. The following Senate Substitute to House Bill No. 194, was read and agreed to: By the Senate-

THURSDAY, MARCH 9, 1939

1201

A BILL
To be entitle and Act to amend the "Revenue-Certificate Law of 1937" (Georgia Laws 1937, pages 761-774) authorizing counties, cities and towns to acquire, construct, improve, etc., certain revenue producing undertakings and issue negotiable certificates repayable from revenue, by authorizing school districts to enjoy the benefits of said law, and by enlarging the meaning of the term "undertaking" so as to include dormitories, laboratories, libraries and other related facilities, and parks, golf links and fairways, tennis courts, swimming pools, playgrounds, athletic fields, grandstands and stadiums and buildings to be used for various types of sports, including baseball and football, buildings to be constructed and used for the housing of exhibits and fairs for educational purposes; buildings to be used for the housing of livestock, horses, cattle, swine, poultry and agricultural exhibits for exhibition purposes; the erection and construction of buildings to be used for amusement purposes or educational purposes or a combination of the two; and also such buildings to be used for fairs, expositions or exhibitions in connection therewith; by amending subsection (d) of Section 3, relating to the power of a municipality, as defined in the Act, to pledge revenues from undertakings to the payment of revenue certificates, so as to provide that municipalities may fix the value of existing undertakings and pledge to the payment of revenue anticipation certificates and interest thereon such part of the revenue of such undertaking as the cost of the reconstruction improvement, betterment and expense of the undertaking bears to the said cost plus the value of the existing undertaking before improvement and extension; to amend Section 13 of said Act relating to the validation of the issuance of revenue certificates and the manner of taking exceptions to judgments thereon, by adding a proviso authorizing the valuation of existing undertakings and the review of such valuations; and for other purposes.
Be it enacted by the General Assembly of the State of Georgia:
SECTION 1.
That Section 2 of the "Revenue-Certificate Law of 1937" (Georgia Laws 1937, pages 761-774) which section defines the term "undertaking", be and the same is hereby amended by adding at the end of subsection (a) (3) two additional subsections enlarging and adding to the meaning of the term "undertaking" as follows:
~ 4) Dormitories, laboratories, libraries and other related facilities.
( 5) Parks, golf links and fairways, tennis courts, swimming pools, playgrounds, athletic fields, grandstands and stadiums, and buildings to be used for various types of sports, including baseball and football, buildings to be constructed and used for the housing of exhibits for fairs and educational purposes; buildings to be used for the housing of livestock, horses, cattle, swine, poultry and agricultural exhibits for exhibition purposes; the erection and construction of buildings to be used for amusement purposes or educational purposes or a combination of the two; and also such buildings to be used for fairs, expositions or exhibitions in connection therewith";

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and by amending subsection (b} of said Section 2 as follows: by adding between the words "any" and "county" in said subsection the words "school district", so that said Section 2 of said Act as amended shall read as follows:
"Section 2. Definitions. Wherever used in this Act, unless a different meaning clearly appears from the context:
(a) The term 'undertaking' shall include the following revenue-producing undertakings or any combination of two or more of such undertakings, whether now existing or hereafter acquired or constructed:
( 1) Causeways, tunnels, viaducts, bridges, and other crossings;
(2} Highways, parkways, airports, docks, piers, wharves, terminals and other facilities;
(3) Systems, plants, works, instrumentalities, and properties: (i) used or useful in connection with the obtaining of a water supply and the conservation, treatment and disposal of water for public and private uses (ii) used or useful in connection with the collection, treatment and disposal of sewage, waste and storm water; together with all parts of any such undertaking and all appurtenances thereto, including lands, easements, rights in land, water rights, contract rights, franchises, approaches, dams, reservoirs, sewage disposal plants, intercepting sewers, trunk connecting and other sewer and water mains, filtration works, pumping stations, and equipment.
(4) Dormitories, laboratories, libraries and other related facilities.
(5) Parks, golf links and fairways, tennis courts, swimming pools, playgrounds, athletic fields, grandstands and stadiums, and buildings to be used for various types of sports, including baseball and football, buildings to be constructed and used for the housing of exhibits for fairs and educational purposes; buildings to be used for the housing of livestock, horses, cattle, swine, poultry and agricultural exhibits for exhibition purposes; the erection and construction of buildings to be used for amusement purposes or educational purposes or a combination of the two; and also such buildings to be used for fairs, expositions or exhibitions in connection therewith.
(b) The term 'municipality' shall mean any school district, county, city or town of the State.
(c) The term 'governing body' shall mean the board, commission, council, or other local legislative body of a municipality."
SECTION 2.
That subsection (d) of Section 3 of said Act, which section relates to the power of a municipality, as defined in the Act, to pledge revenues derived from undertakings to the payment of revenue anticipation certificates, be and the same is hereby amended by adding at the end of said subsection a new subsection to be numbered "d-1" as follows:

THURSDAY, MARCH 9, 1939

1203

"To fix the value of existing undertakings at the time the school district, county, city Qr town desires to reconstruct, improve, better or extend such undertaking, and' to pledge to the payment of the revenue anticipation certificates and the interest thereon, issued for said undertaking under this Act such part of the revenues of such undertaking as the cost of the reconstruction, improvement, betterment, or extension of the undertaking bears to the said cost plus the value of the existing undertaking before reconstruction, improvement, betterment or extension. The provisions of this subsection shall not be construed to restrict or limit the powers granted in subsection (d) of Section 3."
SECTION 3.
That Section 13 of said Act, relating to the validation of the issuance of revenue certificates and the manner of taking exceptions to the judgments thereon, be and the same is hereby amended by adding at the end of said Section the following:
"Whenever the authorities of a school district, county, city or town shall value existing undertakings under the provisions of ~ubsection 'd-1' of this Act, the Superior Courts may review the action of such school district, county, city or town authorities in fixing the said value, which review shall be had in the proceedings to validate the revenue anticipation certificates issued under this Act.''
SECTION 4.
All laws or parts of laws in conflict with this Act are hereby repealed.
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. Culpepper of Fayette-
House Bill No. 637. A bill to be entitled an Act to create a State Division of Confederate Soldiers' Pensions; and for other purposes.
The following Committee Substitute to House Bill No. 637, was read and adopted:
A BILL
To be entitled an Act to create a State Division of Confederate. Pensions and Records; to prescribe and limit the personnel; to fix their powers and duties, and to transfer all powers and duties in connection with Confederate Pensions and Records now exercised by the State Department of Public Welfare; to limit the expense of this Division; 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 l.
There is hereby created a State Division of Confederate Pensions and Records which shall consist of a director, a secretary and a bookkeeper. These three shall constitute the entire personnel of this Division.

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SECTION 2.
The director shall be the keeper of all the records and shall be the executive and judicial head of this Division, who shall be appointed by the Governor and shall hold office at the pleasure of the Governor, and shall have the authority to select a secretary and bookkeeper with the approval of the Governor. The salaries of all the personnel of this Division shall be fixed by the Governor.

SECTION 3.
The expense, including salaries, of this Division shall be paid from the funds appropriated for the payment of pensions to Confederate veterans and their widows, but shall in no event exceed the sum of $7,000.00 per annum.

SECTION 4.

All of those duties and powers which have heretofore devolved upon the Veterans' Service Office and the director of the Veterans' Service Office under and by virtue of Chapter 78-2 of the Code of 1933, and all those duties and powers which have heretofore devolved upon the State Department of Public Welfare under and by virtue of Chapter 99-4 of the Code of 1933, are hereby vested in the State Divi- . sion of Confederate Pensions and Records, and hereafter all those functions pertaining to said ex-Confederate soldiers and sailors and their widows are hereby designated as the powers and duties of the State Division of Confederate Pensions and Records, and

said Division is hereby vested with the responsibility of administering the laws and functions pertaining to said ex-Confederate soldiers and sailors and their widows.

SECTION 5.

That all laws and clauses 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, 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.:

Aiken Allison of White Almand Ansley Barlow Barrett Bell

Bennett of Clarke Bennett of Ware Binion Blackshear Blease Bloodworth Boyd of Cook

Boyd of Greene Bray Brooks of Jackson Bynum Candler Carmichael of Butts Carrington

THURSDAY, MARCH 9, 1939

1205

Cheney Clark Clements of Calhoun Clements of Marion Clements of ~eeler Cobb Connell Coogler Cook Culpepper of Fayette Curry Davidson Davis of Floyd Dickerson Dockery Douglass Drinkard Easley Edwards of Lowndes Edwards of Taylor English Ennis, J. H. Ennis, Marion Etheridge of Baker Etheridge of Fulton Etheridge of Houston Evans of Laurens Evans of McDuffie Ferguson of Camden Ferguson of Sumter Flanders Forrester of Crisp Forrester of Dade Foster Fowler of Douglas Franklin of Bulloch Franklin of Polk Gaines Gavin Gill Goddard Gowen Graham

Grice Griffin Gross of Stephens Gross of ~ashington Guyton Harden Harrison of Jenkins Harvey Hayes Herndon Hinson Holtzendorff Howard Jackson Joel Jones of Paulding Jones of Richmond Kelley Kendrick Kennedy Key Kimbrough King Lanham Looper Lovett Mankin Marshall
Mason Maxwell McBride McCracken McDaniel McGraw McNall Merritt Miller Mills Moore of Lumpkin Moore of Taliaferro Morgan Mosely Pannell

Those voting in the negative were Messrs.:

Clary DeFoor

Harrison of Crawford Jones of Brantley

Parham Parker Pharr Pilcher Preston Purdy Ragan Rawlins Rees Rogers Rossee Roughton Rountree Sabados Sams Sanders Sapp Sartain Saunders Scott Smiley Smith of Henry Smith of Schley Stiles Strickland of Haralson Tate Thigpen of Evans Thornton Tippins Tipton Trippe Vickery
~ages ~arren ~ells ~ipple ~itaker
~illiams of Bacon ~illiams of ~are
~ohlwender ~right
Yawn Yeomans
Thigpen of Glascock

1206

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Allen Allison of Gwinnett Atkinson Beck Branch Brooks of Oglethorpe Bruce Bush Campbell Carmichael of Cobb Carter Chappell Claxton Conner Corbett Culpepper of Mitchell Dallis

Daughtry Davis of Coweta Dean Drake Elliott Ford Fowler of Treutlen Goolsby Grant Grayson Greene Hardman Hatchett Henderson Hill Johnson Kaigler

Lanier Lewis Middleton Moss Pierce Reid Simmons Strickland of Pierce Summerour Sumner Swindle Terrell Tomlinson Turner Wiggins

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

On the passage of the bill, by substitute, the ayes were 150, the nays 5.

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

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 bills of the House were taken up for consideration and read the third time.
By Mr. Key of Jasper-

House Bill No. 124. A bill to be entitled an Act to fix the taxable situs of intangible trust property; and for other purposes.
The following Committee amendment to House Bill No. 124, was read and adopted:

The Committee moves to amend House Bill No. 124 by inserting after the word property in the 2nd line of Section 1 the words "which trust was or is created by a resident of this State".

The report of the Committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, as amended, the ayes were 115, the nays 3.

THURSDAY, MARCH 9, 1939

1207

The bill having received the requisite constitutional majority was passed, as amended.
By Mr. Trippe of Polk-
House Bill No. 283. A bill to be entitled an Act to limit the number of employees in the Tag Division of the Revenue Department; and for other purposes.
The report 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. Swindle of Berrien-
House Bill No. 292. A bill to be entitled an Act to limit the number, salaries, and expenses of General Inspectors in the State Revenue Department; and for other purposes.
The following Committee amendment to House Bill No. 292, was read and adopted:
The Committee moves to amend House Bill No. 292 by adding a new subsection to be Sub-Section four to Section one as follows:
"The limitation as to the number of general inspectors shall not apply to nor include auditors employed and actually engaged in auditing income tax returns, county tax collectors, wholesale bonded and/or licensed gasoline dealers, wine, beer, cigar and cigarette dealers".
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 126, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
The Speaker, Honorable Roy V. Harris, asked unanimous consent for a leave of absence for two or three days, on account of the illness of his wife, and the consent was granted.
By Mr. Thigpen of Glascock-
Hause Bill No. 452. A bill to be entitled an Act to amend an Act to create a Department of Natural Resources, and four subdivisions thereof; and for other purposes.
The following amendment to House Bill No. 452, was read and adopted:
Mr. Carmichael of Cobb moves to amend Section 2 of House Bill No. 452 by

1208

JOURNAL OF THE HOUSE,

changing the period at the end thereof to a comma and adding the following language:
"Provided that said Custodian shall not be paid more than eighteen hundred dollars per year for his services as Custodian." and further moves to 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 ayes were 118, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
By Messrs. Harris of Richmond, Gross of Stephens, Drake of Seminole, Hayes of Miller, Jones of Brantley, Simmons of Decatur, Parker of Colquitt, Rawlins of Telfair, Gavin of Clay, Forrester of Crisp and Mills of Decatur-
House Bill No. 469. A bill to be entitled an Act to authorize the State Highway Board of Georgia in connection with adjoining states or counties of adjoining states to purchase bridges across streams on the State line; and for other purposes.
The report of the Committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 126, the nays 1.
The bill having received the requisite constitutional majority was passed.
Mr. Reid of Carroll requested that the Journal show that he voted against the passage of the bill.
By Messrs. Harris of Richmond and Parker of ColquittHouse Bill No. 280. A bill to be entitled an Act to define shares of stock and
certificates of stock in corporations; and for other purposes.
The following amendment to House Bill No. 280, was read and adopted:
Mr. Parker of Colquitt moves to amend House Bill No. 280 by striking from the last sentence in Section 17 the word "not" so that said sentence as amended shall read as follows:
"The issue of a new certificate under an order of the court as provided in this Section shall relieve the corporation from liability in damages to a person to whom the original certificate has been or shall be transferred for value without notice of the proceedings or of the issuance of the new certificate."
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.

THURSDAY, MARCH 9, 1939

1209

The bill having received the requisite constitutional majority was passed, as amended.
The following resolution of the House was read and adopted:
By Messrs. Lanier and Jones of Richmond, Hayes of Miller, Carmichael of Cobb, and Lanham of Floyd-
House Resolution No. 182.
A RESOLUTION
WHEREAS, it has been brought to the attention of this House that the wife of the Speaker is seriously ill, and has been carried to the hospital in Augusta, Georgia; and,
WHEREAS, the Honorable Roy V. Harris, the Speaker has been called home to be with his wife;
BE IT THEREFORE RESOLVED, that this House extends to the Speaker its sincere sympathy and wishes for Mrs. Roy V. Harris a speedy recovery.
Be it further resolved that the thoughts of each member of the House will be with the Speaker during the absence and with the Speaker's wife until she has fully recovered from her illness, and that the House is mindful of the trying hardships under which the Speaker has been working during this Session of the General Assembly.
Be it further resolved that each member of the House hereby extends to the Speaker his personal services to help in carrying out any of the duties of the Speaker during his absence.
By unanimous consent, a copy of the resolution was ordered telegraphed to Honorable Roy V. Harris at Augusta, 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. Gowen of Glynn, Ferguson of Camden, Yeomans of Wayne, Vickery of Charlton, DeFoor of Mcintosh, Gill of Bryan, Smiley of Liberty and Hill of Screven-
House Bill No. 354. A bill to be entitled an Act to amend Sections 45-308 and 45-310 of the Code of Georgia providing for an open season for the hunting, so as to provide a different date for the commencement of the open season for the hunting of game in certain territory of this State; and for other purposes.
The following amendments to House Bill No. 354, were read and adopted:
Mr. Bennett of Ware moves to amend House Bill No. 354, Section one ( 1) so as to include Ware County and to amend the caption accordingly.
Mr. Hill of Screven moves to amend House Bill No. 354 by adding Screven County to the territory included in this bill and to amend caption accordingly.

1210

JOURNAL OF THE HOUSE,

Messrs. Rawlins of Telfair and Hinson of Jeff Davis move to amend House Bill No. 354 by adding Telfair and Jeff Davis Counties to Section one of said bill and also in the caption thereof.

Mr. Aiken of Bulloch moves to amend House Bill No. 354 by adding Bulloch County to the territory embraced and included in this Bill, and to 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 ayes were 106, the nays 15.

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

By unanimous consent, the bill was ordered immediately transmitted to the Senate.

By unanimous consent, it was the sense of the House to hold a night session tonight and to stay in session on Saturday.

By unanimous consent, the following bill of the Senate was read and referred to the Committee:

By Senators Howe of the 38th and McGinty of the 43rd Districts-

Senate Bill No. 203. A bill to be entitled an Act providing for the retirement of any member of the Industrial Board upon having attained the age of seventy years, with fifteen or more consecutive years of service; and for other purposes.
Referred to Committee on Industrial Relations.

Mr. Guyton of Effingham moved that the House recess for one hour, and the motion prevailed.

The Speaker Pro-Tem called the House to order.

2:00 o'clock, P. M.

Mr. Evans of McDuffie moved that the following resolution of the House be taken up for consideration:

By Messrs. Evans of McDuffie, Drinkard of Lincoln, Flanders of Emanuel, DeFoor of Mcintosh, Jones of Brantley and Fowler of Treutlen-
House Resolution No. 56-241 b. A resolution to inquire into the office conduct of Honorable William Woodrum, Judge of the Ogeechee Judicial Circuit; and for other purposes.
The Speaker Pro-Tem ruled the motion out of order on the grounds that an order of business had already been established by the Committee on Rules.
Mr. Evans of McDuffie appealed from the ruling of the Chair.

On the appeal, the ayes were 102, the nays 8, and the ruling of the Chair was upheld, as the sense of the House.

THURSDAY, MARCH 9, 1939

1211

By unanimous consent, the following Committee Reports were read:
Mr. Scott of Thomas 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. 756. Do pass.
House Bill No. 766. Do pass. House Bill No. 767. Do pass.
House Bill No. 775. Do pass. Respectfully submitted,
Scott of Thomas, Chairman. Mr. Sams of DeKalb 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. 785. Do pass.
House Bill No. 669. Do pass.
House Bill No. 780. Do pass. House Bill No. 782. Do pass.
House Bill No. 774. Do pass. Senate Bill No. 189. Do pass by substitute.
Respectfully submitted, Sams of DeKalb, Chairman.
Mr. J. H. Ennis of Baldwin 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 resolutions of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:

1212

JOURNAL OF THE HOUSE,

House Resolution No. 138-512 A. Do pass as amended.
House Bill No. 552. Do not pass.
House Bill No. 595. Do pass.
House Bill No. 707. Do pass. House Resolution No. 113-436 B. Do pass.
House Bill No. 441. Do pass.
House Bill No. 465. Do pass. Respectfully submitted, J. H. Ennis of Baldwin, Chairman
Mr. Hayes of Miller County, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker: Your Committee on Special Judiciary have had under consideration the follow-
ing 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. 620. Do pass. House Bill No. 709. Do pass. House Bill No. 783. Do pass. Senate Bill No. 88. Do pass. Senate Bill No. 7. Do pass.
Respectfully submitted,
Hayes of Miller, Chairman. By unanimous consent, the following bills and resolutions of the House and Senate, favorably reported, were read the second time:
By Mr. Carmichael of ButtsHouse Bill No. 441. 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 parents of Privates Terrell A. Maddox and Paul J. Evans, Jr., for their deaths while in the line of official duty; and for other purposes.
By Mr. Harrison of JenkinsHouse Bill No. 465. A bill to be entitled an Act authorizing the State Board
of Public Welfare to purchase the Bon Air Hotel property at Augusta; and for other purposes.

THURSDAY, MARCH 9, 1939

1213

By Messrs. Fowler of Treutlen, Williams and Bennett of Ware, Wiggins of Dodge, Williams of Bacon, Whitaker of Appling, Hinson of Jeff Davis, Thigpen of Evans, and Ferguson of Camden-
House Bill No. 595. A bill to be entitled an Act to appropriate to the Depart-
ment of Natural Resources for use of the Divison of Forestry in forest fire protection the sum of $75,000 per annum for 1939-1940 and 1940 and 1941; and for other purposes.
By Mr. Claxton of Johnson-
House Bill No. 620. A bill to be entitled an Act to regulate the sale, storage, offering, or exposing for sale of fireworks; and for other purposes.
By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton-
House Bill No. 669. A bill to be entitled an Act to amend an Act incorporating the City of Hapeville so that the Mayor and Council shall have power by ordinance or resolution to allow taxes to be paid in installments on such duties as it may designate; and for other purposes.
By Messrs. Bennett of Ware, Coogler of Clayton, Rossee of Putnam, Lovett of Laurens and Wiggins of Dodge-
House Bill No. 707. A bill to be entitled an Act to appropriate $25,000.00 to the Commissioner of the Department of Natural Resources for the purpose of renovating, repairing, preserving and displaying natural resources; and for other purposes.
By Messrs. Branch of Tift, Sumner of Worth and Swindle of Berrien-
House Bill No. 709. A bill to be entitled an Act to amend an Act approved March 31, 1937, Georgia Laws 1937, Page 716 et sequentia, by providing that all persons selling or buying livestock shall do so by bill of sale ; and for other purposes.
By Messrs. Allison and Pharr of Gwinnett-
House Bill No. 756. A bill to be entitled an Act to amend an Act entitled "An Act to create of Board of County Commissioners for Gwinnett County and to prescribe and define the powers and duties thereof"; and for other purposes.
By Messrs. Candler, Sams and Turner of DeKalb--
House Bill No. 766. A bill to be entitled an Act to provide for retirement of teachers and other employees in County School Systems in Counties of a certain population; and for other purposes.
By Messrs. Candler, Sams and Turner of DeKalb--
House Bill No. 767. A bill to be entitled an Act to provide for Civil Service of the teachers and other employees of the County School Systems in Counties of a certain population; and for other purposes.
By Messrs. Sabados and Allen of Dougherty-

1214

JOURNAL OF THE HOUSE,

House Bill No. 774. A bill to be entitled an Act to provide that in any city in Georgia having a certain population the governing body, or the body of persons in charge of the business and fiscal affairs of the municipality shall be authorized and have authority to take over by deed, lease, contract, agreement, grant or otherwise, the operation and maintenance of any hospital now in existence, or now maintained and/or located in said municipality; and for other purposes.
By Mr. Carrington of Barrow-
House Bill No. 775. A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Barrow; and for other purposes.
By Mr. Tippins of Wilcox-
House Bill No. 780. A bill to be entitled an Act to amend the Charter for the Town of Abbeville; and for other purposes.
By Messrs. Candler, Sams and Turner of DeKalb-
House Bill No. 782. A bill to be entitled an Act to amend an Act creating a new Charter for the City of Decatur; and for other purposes.
By Messrs. Hatchett and McGraw of Meriwether-
House Bill No. 783. A bill to be entitled an Act to repeal an Act providing for the holding of four terms of the Superior Court of Meriwether County each year; and for other purposes.
By Messrs. Parker and Barlow of Colquitt-
House Bill No. 785. A bill to be entitled an Act to amend the Charter of the City of Doerun in Colquitt County; and for other purposes.
By Mr. Coogler of Clayton-
House Resolution No. 113-436 B. A resolution to compensate Robert Coleman for time spent in chaingang; and for other purposes.
By Mr. Etheridge of Fulton-
House Resolution No. 138-512 A. A resolution authorizing the State of Georgia to refund certain tax monies illegally paid the State by M. C. Kiser Co., a Fulton County Corporation; and for other purposes.
By Senators Howe of the 38th and McGinty of the 43rd Districts-
Senate Bill No. 7. A bill to be entitled an Act to amend Paragraph D of Section 114-413 of the Code of Georgia of 1933, by striking from said Paragraph the last sentence; and for other purposes.
By Senator Sanders of the 36th District-
Senate Bill No. 88. A bill to be entitled an Act to provide that the salary of

THURSDAY, MARCH 9, 1939

1215

the Deputy Clerk of the Court of Appeals shall be the same as the salary of the Deputy Clerk of the Supreme Court; and for other purposes.
By Senator Manning of the 39th District-
Senate Bill No. 189. A bill to be entitled an Act to amend an Act authorizing the Mayor and Council of Marietta to have held by the qualified voters an election to determine whether or not bonds shall be issued; and for other purposes.
By unanimous consent, the following Senate bills and resolution were read the first time and referred to the Committees:
By Senators Howe of the 38th, Millican of the 52nd, Harrell of the 7th, Lindsay of the 34th, and Groover of the 37th Districts-
Senate Bill No. 160. A bill to be entitled an Act repealing the Act creating the State Penal Administration Board, and creating the Board of Penal Corrections, to provide the number of members to compose said Board; and for other purposes.
Referred to Committee on Penitentiary.
By Senator Groover of the 37th District-
Senate Bill No. 181. A bill to be entitled an Act amending an Act approved February 28, 1939, which amended Section 53-208 of the Code of 1933, by striking the last sentence of Section 1 of said Act and substituting in lieu thereof a new sentence so as to provide that from the recovery court costs and attorney's fees be first paid, and one-third of the remainder shall be paid to the person bringing the suit; and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Senator Boykin of the 29th District-
Senate Bill No. 186. A bill to be entitled an Act repealing a Section of the Code of 1933 relating to the appointment of members of the Prison and Parole Commission; by providing for the election of said member by the people; and for other purposes.
Referred to Committee on Penitentiary.
By Senator McCranie of the 48th District-
Senate Bill No. 195. A bill to be entitled an Act to promote the use of cotton and cotton goods; to regulate the package of fertilizer, cement, cotton, cotton bales; and for other purposes.
Referred to Committee on General Agriculture No. 1.
By Senator Cail of the 17th District-
Senate Bill No. 202. A bill to be entitled an Act to propose to the qualified voters an amendment to Article 7, Section 7, Paragraph 1, of the Constitution, so as

1216

JOURNAL OF THE HOUSE,

to authorize the City of Sylvania to incur a bonded indebtedness; and for other purposes.
Referred to Committee on Amendments to Constitution No. 2.
By Senator Brooks of the 8th District-
Senate Resolution No. 48. A resolution providing that the first ten amendments ot the United States Constitution be and the same are hereby ratified; and for other purposes.
Referred to Committee on Amendments to Constitution No. l.
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. Grice of Bibb and Whipple of BleckleyHouse Bill No. 612. A bill to be entitled an Act to regulate the procedure in
certain civil actions in the Superior Courts; and for other purposes.
The report of the Committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 24, the nays 85.
The bill having failed to receive the requisite constitutional majority was lost.
Mr. Atkinson of Chatham asked unanimous consent that action on the following bill of the Senate be postponed due to the absence of the Speaker, and the consent was granted.
By Senator Millican of the 52nd DistrictSenate Bill No. 4. A bill to be entitled an Act regulating the sale, giving away
or bartering of amatol, vernal, luminol, or other similar drugs which have a base or are derived from Barbital, Barbiturates ar:d Barbituric Acid; and for other purposes.
By unanimous consent, Senate Bill No. 75 was substituted for House Bill No. 293 on the order of business established by the Committee on Rules, same being an identical bill.
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 Brown of the 4th District-
Senate Bill No. 75. A bill to be entitled an Act to authorize the incorporation of Co-operative Insurance Exchanges by manufacturing companies for the purpose of insuring against loss of use and occupancy of plants caused by shut downs arising from economic causes; and for other purposes.
The report of the Committee which was favorable to the passage of the bill, was agreed to.

THURSDAY, MARCH 9, 1939

1217

On the passage of the bill, the ayes were 103, the nays 0.

The bill having received the requisite constitutional majority was passed.

By Senators Durden of the lOth, Harrell of the 7th and Spivey of the 16th Districts-

Senate Bill No. 33. A bill to be entitled an Act to amend the Housing Co-opera-

tion Law; 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.

. Mr. Conner of Dooly moved that the House reconsider its action m ordering the main question, and the motion prevailed.

Mr. Claxton of Johnson moved that further consideration be postponed until Tuesday, March 14th, 1939, and the motion prevailed.

By unanimous consent, the following bills of the Senate were postponed until Tuesday, March 14th, 1939.

By Senators Durden of the lOth, Harrell of the ith and Spivey of the 16th Districts-

Senate Bill No. 35. A bill to be entitled an Act to declare valid and legal the establishment and organization of housing authorities, all bonds, notes, contracts, of such housing authorities; and for other purposes.

By Senators Durden of the lOth, Harrell of the ith and Spivey of the 16th Districts-

Senate Bill No. 36. A bill to be entitled an Act confirming certain bonds and obligations of any State authority created by the General Assembly; and for other purposes.

By Sentors Durden of the lOth, Harrell of the 7th and Spivey of the 16th Districts-
Senate Bill No. 70. A bill to be entitled an Act amending an Act approved March 30, 1937, with reference to the creation of the Housing Authority in this State, defining their powers; and for other purposes.

By Senators Durden of the lOth, Harrell of the 7th and Spivey of the 16th Districts-
Senate Bill No. 34. A bill to be entitled an Act to amend an Act entitled "Housing Authority Law" to re-define "governing body" and "area of population"; 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:

1218

JOURNAL OF THE HOUSE,

By Mr. Fowler of Treutlen-

House Bill No. 277. A bill to be entitled an Act to amend Section 92-3701 of the Code of Georgia of 1933 by authorizing the several counties to levy a tax each year for the conservation of natural resources, including fire protection of forest lands; 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, 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.:

Allen Allison of Gwinnett Allison of White Atkinson Barlow Barrett Bell Bennett of Clarke Bennett of Ware Blackshear Bloodworth Boyd of Greene Branch Bray Brooks of Jackson Bynum Candler Carmichael of Butts Carrington Chappell Cheney Claxton Clements of Calhoun Clements of Wheeler Cobb Connell Conner Cook Corbett Culpepper of Fayette Curry

Dallis Daughtry Davidson Davis of Coweta Davis of Floyd DeFoor Dockery Easley Edwards of Taylor Ennis, Marion Etheridge of Baker Etheridge of Fulton Etheridge of Houston Evans of Laurens Evans of McDuffie Ferguson of Camden Ferguson of Sumter Flanders Ford Forrester of Crisp Foster Fowler of Douglas Fowler of Treutlen Franklin of Bulloch Franklin of Polk Gaines Gavin Goddard Gowen Graham Greene

Grice Griffin Gross of Stephens Gross of Washington Guyton Harrison of Crawford Harrison of Jenkins Harvey Hatchett Hayes Henderson Herndon Hill Hinson Howard Jackson Joel Jones of Brantley Jones of Paulding Kelley Kendrick Kennedy Key Kimbrough Lanham Lovett Mankin Marshall Mason Maxwell McBride

THURSDAY, MARCH 9, 1939

1219

McCracken McDaniel McNall Merritt Middleton Mills Moore of Lumpkin Moore of Taliferro Morgan Pannell Pilcher Purdy Ragan Rawlins Rees Reid

Rogers Rossee Roughton Rountree Sabados Sams Sanders Sapp Sartain Scott Smiley Smith of Henry Smith of Schley Stiles Strickland of Haralson Strickland of Pierce

Sumner Tate Terrell Thornton Tippins Tipton Vickery Wells Whipple Whitaker Wiggins Williams of Bacon Williams of Ware Wohlwender Yawn

Those voting in the negative were Messrs.:

Ansley Boyd of Cook

Drinkard Harden

Parham

Those not voting were Messrs.:

Aiken Almand Beck Bennett of Clarke Binion Blease Brooks of Oglethorpe Bruce Bush Campbell Carmichael of Cobb Carter Clark .Clary Clements of Marion Coogler Culpepper of Mitchell Dean Dickerson Douglass

Drake Edwards of Lowndes Elliott English Ennis, J. H. Forrester of Dade Gill Goolsby Grant Grayson Hardman Holtzendorff Johnson Jones of Richmond Kaigler King Lanier Lewis Looper McGraw

Miller Mosely Moss Parker Pharr Pierce Preston Saunders Simmons Summerour Swindle Thigpen of Evans Thigpen of Glascock Tomlinson Trippe Turner Wages Warren Wright Yeomans

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

On the passage of the bill, the ayes were 120, the nays 5.

The bill having received the requisite constitutional majority was passed.

1220

JOURNAL OF THE HOUSE,

By unanimous consent, the bill was ordered immediately transmitted to the Senate.
The following report of the Committee on Rules was read and adopted:
March 9th, 1939.
The Committee on Rules establishes the following order of business for the night session:
House Bill No. 301. Evans County. House Bill No. 507. DeKalb County. House Bill No. 284. Oglethorpe County. House Bill No. 328. Fulton County. House Bill No. 322. Tattnall County. House Bill No. 493. Bulloch County. House Bill No. 556. Walker County.
House Bill No. 745. Newton and Jasper Counties. House Bill No. 473. Fulton County. House Bill No. 266. Walton County. House Bill No. 517. DeKalb County. At the conclusion of the consideration of these bills all remaining general bills of local application will be taken up in their numerical order.
Gross of Stephens, Vice-Chairman.
The following resolution of the House was read and referred to the Committee on Rules:
By Mr. Atkinson of ChathamHouse Resolution No. 183. A resolution setting a limit on debate by authors of
bills to fifteen minutes and on personal privileges to ten minutes.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:
Mr. Speaker: Then Senate insists on its substitute to the following bill of the House, to-wit:
By Messrs. Summerour and Bray of BartowHouse Bill No. 90. A bill to amend the several Acts creating the City Court
of the County of Bartow by abolishing the office of Solicitor and creating the office of County Prosecutor; and for other purposes.

THURSDAY, MARCH 9, 1939

1221

The Speaker Pro-Tem appointed as a Committee on Conference on the part of the House to confer with a like Committee on the part of the Senate, on House Bill No. 90 local Bartow County Bill, the following members of the House, to-wit:
Messrs. Bray of Bartow,
Sabados of Dougherty, and
Williams of Ware.
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. Stiles of Fannin and Sartain of Walker-
House Bill No. 729. A bill to be entitled an Act to provide for the special taxation by the State and by the counties, school districts, etc., on the generation, sale or distribution of electricity, where properties are exempt from ad valorem taxation; and for other purposes.
Mr. Conner of Dooly moved the previous question, the motion prevailed, 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 103, the nays 0.
By unanimous consent, the bill was ordered immediately transmitted to the Senate.
By Messrs. Stiles of Fannin and Sartain of Walker-
House Bill No. 730. A bill to be entitled an Act to provide for the ad valorem taxation of property owned by corporations organized under the Laws of the United States, engaged in proprietary as distinguished from governmental activities in this 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 115, 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 unanimous consent, the following Committee Reports were read:
Mr. Chappell, of Sumter County, Chairman of the Committee on Motor Vehicles, submitted the following report:

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JOURNAL OF THE HOUSE,

Mr. Speaker: Your Committee on Motor Vehicles 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 recommendation&:
House Bill No. 230. Do not pass. House Bill No. 303. Do not pass. House Bill No. 424. Do not pass. House Bill No. 510. Do not pass. House Bill No. 631. Do not pass. House Bill No. 710. Do not pass. House Bill No. 173. Do pass by substitute. House Bill No. 678. Do pass. House Bill No. 778. Do pass as amended. Senate Bill No. 102. Do not pass. Senate Bill No. 122. Do not pass. Senate Bill No. 125. Do not pass. Senate Bill No. 115. Do pass.
Respectfully submitted, Chappell of Sumter, Chairman.
Mr. Hayes of Miller 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. 755. Do pass as amended. House Bill No. 754. Do pass.
Respectfully submitted, Hayes of Miller, Chairman.
Mr. McCracken of Jefferson County, Chairman of the Committee on Auditing, submitted the following report:

THURSDAY, MARCH 9, 1939

1223

Mr. Speaker:
Your Committee on Auditing 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. 57. Do not pass.
House Bill No. 450. Do pass.
Respectfully submitted,
McCracken of Jefferson, Chairman.
By unanimous consent, the following bills of the House and Senate, favorably reported, were read the second time:
By Mr. Graham of Brooks-
House Bill No. 173. A bill to be entitled an Act to regulate the speed of motor vehicles on the highways of the State; and for other purposes.
By Messrs. Clements of Wheeler, Holtzendorff of Ben Hill, Merritt of Bibb and Chappell of Sumter-
House Bill No. 450. A bill to be entitled an Act to amend Chapter 40-18 of the Code of Georgia of 1933, providing that the State Auditor shall annually, or more often in any case the Governor or the State Revenue Commissioner may request, exa111ine and audit the books, accounts, records and all other papers of each and every person, tax collector, tax commissioner or county authority; and for other purposes.
By Mr. Jones of Richmond-
House Bill No. 678. A bill to be entitled an Act to amend Section 68-302 of the 1933 Georgia Code by providing that vehicles be equipped with reflectors; and for other purposes.
By Mr. Sapp of Coffee-
House Bill No. 754. A bill to be entitled an Act to provide for holdmg four terms a year of the Superior Court of Coffee County; and for other purposes.
By Mr. Sapp of Coffee-
House Bill No. 755. A bill to be entitled an Act to repeal an Act entitled "An Act to establish the City Court of Douglas, in the City of Douglas, Coffee County, Georgia"; and for other purposes.
By Mr. Vickery of Charlton-
House Bill No. 778. A bill to be entitled an Act to impose a license upon persons engaged in the business of operating ambulance services in Georgia; and for other purposes.

1224

JOURNAL OF THE HOUSE,

By Senator Cail of the 17th District-
Senate Bill No. 115. A bill to be entitled an Act to amend Code Section 68-303, Sub-section (F) thereof; and for other purposes.
Under the order of business established by the Committee on Rules for the night session, the following bills of the House were taken up for consideration and read the third time:
By Messrs. Thigpen of Evans, Kennedy of Tattnall and Smiley of Liberty-
House Bill No. 301. A bill to be entitled an Act to repeal an Act known as "Evans and Liberty Counties Addition", which said Act amends the Highway Mileage Act; and for other purposes.
The following Substitute to House Bill No. 301 was read and adopted:
By Messrs. Thigpen of Evans, Kennedy of Tattnall and Smiley of Liberty-
A BILL
To be entitled an Act to amend the Act approved March 18, 1937 (Georgia Laws 1937, Page 968), which added to the State Highway System a certain road running from Claxton, in Evans County, Georgia, to Willie, in Liberty County, Georgia, and connecting the county seats of Evans and Liberty Counties, by changing the description and direction in which said road shall run; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION l. That Section 1 of the Act approved March 18, 1937 (Georgia Laws 1937, Page 968), adding to the State Highway System a certain road beginning at a point in the City of Claxton in Evans County, Georgia, and running in a southeasterly direction via certain points to Willie in Liberty County, Georgia, be and the same is hereby amended by striking and repealing the discription of said road as it appears in Lines 8, 9, 10, 11, 12, 13 and 14 of said Section, and enacting in lieu thereof the following description:
"A certain road beginning in the City of Claxton in the County of Evans, and running in a general southeasterly direction, via J. M. Brewton Old Place, Bull Creek Church, W. B. Rogers, The Glissen Old Mill, F. C. Dyees Old Place, and Bethany Church, to intersect witli the State Highway No. 67 at or near Taylor's Creek in Liberty County, Georgia, to run through the counties of Evans, Tattnall and Liberty, a distance of twenty-four miles,"
so that said Section as amended shall read as follows:
"Section l. Be it enacted by the General Assembly of the State of Georgia and it is enacted by the authority of the same, that the Acts of the General Assembly known as the Neill-Traylor Bill, together with the map attached thereto, in Acts of 1929, Pages 260-268, 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, a certain road beginning in the City of Claxton in the

THURSDAY, MARCH 9, 1939

1225

County of Evans, and running in a general southeasterly direction, via J. M.
Brewton Old Place, Bull Creek Church, W. B. Rogers, The Glissen Old Mill, F. C. Dyees Old Place, and Bethany Church, to intersect with the State Highway No. 67 at or near Taylor's Creek in Liberty County, Georgia, to run through the Counties of Evans, Tattnall and Liberty, a distance of twentyfour miles."
SECTION 2. All laws or parts of laws in conflict with this Act are hereby repealed.
The report of the Committee which was favorable to the passage of the bill, was agreed to, by substitute.
On the passage of the bill, the ayes were 108, the nays 0.
The bill having received the requisite constitutional majority was passed, by substitute.
By Messrs. Candler, Sams and Turner of DeKalb-
House Bill No. 507. A bill to be entitled an Act to amend an Act authorizing certain counties to pass 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 103, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Brooks of Oglethorpe-
House Bill No. 284. A bill to be entitled an Act to prohibit the trapping or taking of foxes in certain counties of this 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 104, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Kendrick and Etheridge and Mrs. Mankin of Fulton-
House Bill No. 328. A bill to be entitled an Act to authorize counties of a certain population to contract with any municipality located therein with reference to furnishing of regulating functions; and for other purposes.
The following Substitute to House Bill No. 328, was read and adopted:
By Messrs. Kendrick and Etheridge and Mrs. Mankin of Fulton-

1226

JOURNAL OF THE HOUSE,

A BILL
To be entitled an Act to authorize counties in Georgia in which are situated cities either in whole or in part having a population of 200,000 or more, inhabitants by the United States Census of 1930 or any future census, and cities situated either in whole or in part within such counties, to contract with each other for the performance among, between and by such counties and municipalities of administrative, regulatory and governmental functions to the citizens of such municipalities or counties beyond the limits of the municipality furnishing such service or performance of such functions, but within the limits of the municipality or county contracting for or receiving same; to prohibit the furnishing of such services or performance of such functions beyond the corporate limits of the municipality furnishing same without a contract; to provide exceptions to such prohibitions; and for other purposes.
SECTION 1.
Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same, that from and after the date of the passage of this Act all Counties in Georgia in which is situated a city, either in whole or in part, having a population of 200,000 inhabitants or more, and all cities lying wholly or in part within the limits of any such county, be, and are hereby authorized to contract with each other for the performance by one or more of said counties or municipalities of administrative, regulatory, protective or other functions and services for the benefit of the citizens of said Counties or Municipalities thus contracting to receive same, and residing within the limits of such County or Municipality, but residing beyond the corporate limits of the county or municipality thus contracting to furnish same.
SECTION 2.
Be it further enacted that when a contract has been entered into between a county and a municipality or between counties or between municipalities for the performance of any function or service, provided in this Act, such county or municipality thus contracting to furnish same, shall have jurisdiction and authority to perform such function and such service provided in such contract and for the purposes therein. The contract herein authorized shall be in writing, executed by one or more officials of each of the contracting parties, and record of authority for such contracts shall be spread upon the minutes of the governing body of the contracting parties.

SECTION 3.
Be it further enacted by the authority aforesaid that until and unless a contract had been agreed upon and entered into, in accordance with the provisions of the preceding paragraphs, no county or municipality coming with the provisions of this Act shall do or perform any work or service, each for the other, beyond its corporate limits; provided the provisions of this Act shall not be construed as prohibiting any municipality from the exercise of all authority now authorized by Charter or other laws, and all such powers and authority is retained to such municipalities for the

THURSDAY, MARCH 9, 1939

1227

enforcement of its ordinances, rules and regulation, for the protection of the property and service of such municipality, and such municipalities are authorized to, in the operation of its Water Works, Sewer System, Disposal Plants and/or other properties to furnish the services of such utilities or properties beyond the corporate limits of such municipality upon such terms and conditions as may be provided by the ordinances, rules and regulations of such municipality; provided however such services now furnished outside of a city or county shall be continued upon the present basis both as to rates and service and nothing in this Act shall be construed to repeal or modify the Act of the General Assembly approved March 23, 1937, and embodied in the Georgia Laws of 1937, Page 1502; provided further that no municipality shall have any right to charge plumbing inspection fees outside the incorporate limits of such municipalities.
SECTION 4.
Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict with this law 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 Aiken and Franklin of Bulloch-
Hause Bill No. 493. A bill to be entitled an Act to vest in the Tax Collectors or Tax Commissioners of Counties of a certain population all the powers of sheriffs of their respective counties relative to collection and levy of tax fi fas; and for other purposes.
The report 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. Sartain and Kelley of Walker-
House Bill No. 556. A bill to be entitled an Act to provide for and fix the hours of the keeping open of polls at precincts situated 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 103, the nays 0.
The bill having received the requisite constitutional majority was passed.

1228

JOURNAL OF THE HOUSE,

By Messrs. Campbell of Newton, Smith of Henry, Carmichael of Butts and Key of Jasper-
House Bill No. 745. A bill to be entitled an Act to authorize fishing with hook and line at all times during the entire year in Jackson Lake, located in the Counties of Newton, Jasper, Butts and Henry; and for other purposes.
The report 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. Kendrick and Etheridge and Mrs. Mankin of FultonHouse Bill No. 473. A bill to be entitled an Act to provide that the Ordinary,
Sheriff, Clerk of Superior Court, Tax Receiver, Tax Collector and County Treasurer of Fulton County may appoint a Chief Deputy; and for other purposes.
By unanimous consent, House Bill No. 473, was postponed until Tuesday, March 14th, 1939.
By Messrs. Almand and Preston of WaltonHouse Bill No. 266. A bill to be entitled an Act to provide for the removal
of obstructions of all kinds, other than dams used for operating mills or machinery of any kind, from creeks and other running streams in Walton County; and for other purposes.
The report of the Committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Candler, Sams and Turner of DeKalb-House Bill No. 517. A bill to be entitled an Act to amend an Act relating to
the adoption of rules and regulations as to construction and repair of buildings 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 104, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Goddard and Purdy of SpaldingHouse Bill No. 225. A bill to be entitled an Act to require an advance deposit
by the plaintiff in each and every divorce case filed in the Superior Court of Counties of a certain population; and for other purposes.

THURSDAY, MARCH 9, 1939

1229

The report 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. Goddard and Purdy of Spalding-
House Bill No. 232. A bill to be entitled an Act to fix the amount of costs to be charged and collected by the Clerks of the Superior Courts and City Courts of this State in criminal cases that are dismissed and nolle prosed; and for other purposes.
The following amendment to House Bill No. 232, was read and adopted:
Mr. Goddard of Spalding moves to amend House Bill No. 232 by adding to the caption of the bill so that it shall read as follows:
An Act to fix the amount of costs to be charged and collected by the Clerks of the Superior Courts and City Courts of this State in all criminal cases in said Courts that are dismissed and nolle-prosed in all Counties of the State having a population according to the United States Census of not less than 23,400 and not more than 24,400; and for other purposes.
And by adding to Section One at the end of the Section thereof the following words:
"in all counties of this State having a population according to the United States Census of 1930 and subsequent United States Census, of not less than 23,400 and not more than 24,400."
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.
By Messrs. Yawn of Dodge and Rawlins of Telfair-
Hause Bill No. 315. A bill to be entitled an Act to grant authority to the Federal Government for an agency, departments or corporations thereunder to buy certain described lands located in Dodge, Wheeler and Telfair Counties; and for other purposes.
By unanimous consent, House Bill No. 315, was postponed until Monday, March 13th, 1939.
By Mr. Bell of Grady-
House Bill No. 430. A bill to be entitled an Act to authorize the Board of

1230

JOURNAL OF THE HOUSE,

Commissioners of Roads and Revenues in Counties of a certain population to impose upon the Tax Collectors and Tax Commissioners, all the powers and duties of Sheriffs and Constables, relating to collection of tax fi fas; and for other purposes.
The report 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. Harris, Lanier and Jones of Richmond-
House Bill No. 471. A bill to be entitled an Act to authorize the Board of County Commissioners of Roads and Revenues of Counties of a certain population to name and designate a building inspector for such parts of any such County outside the limits of any village, town or city; and for other purposes.
The report of the Committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were Ill, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Merritt, Grice and Bloodworth of Bibb--
House Bill No. 427. A bill to be entitled an Act to authorize Counties of a certain population to pass, through the Board of County Commissioners of Roads and Revenues, zoning and planning laws; and for other purposes.
The following amendment to House Bill No. 427, was read and adopted:
Messrs. Merritt, Grice, and Bloodworth of Bibb move to amend House Bill No. 427 as follows:
By striking from the caption thereof the words seventy thousand and inserting in lieu thereof the words seventy-five thousand;
By striking from Section 1 of the Act the words seventy thousand and inserting in lieu thereof the words seventy-five thousand.
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.
By Messrs. Tipton and Scott of Thomas-
House Bill No. 486. A bill to be entitled an Act to provide for holding four terms a year of the Superior Court of Thomas County; and for other purposes.

THURSDAY, MARCH 9, 1939

1231

The report 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. Holtzendorff of Ben Hill-
House Bill No. 491. A bill to be entitled an Act to repeal an Act to amend an Act approved March 31, 1937, which deals with the manner of selecting members of the County Board of Education 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 Mr. Holtzendorff of Ben Hill-
House Bill No. 494. A bill to be entitled an Act to repeal an Act to amend Section 32-902 of the Code relating to the election of members of County Board of Education 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 108, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Gross of Stephens-
House Bill No. 536. A bill to be entitled an Act to authorize and empower the Toccoa Falls Institute located in Toccoa Falls, Georgia, to confer the Degree of Bachelor of Arts in Biblical 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 108, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Mosely of ToombsHouse Bill No. 571. A bill to be entitled ~tn Act to prohibit goats from running
at large 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 105, the nays 0.

1232

JOURNAL OF THE HOUSE,

The bill having received the requisite constitutional majority was passed.
By Messrs. Brooks of Oglethorpe, Herndon of Hart, Evans of McDuffie, Griffin of Wilkes, and many others-
House Bill No. 590. A bill to be entitled an Act to legalize seining from July
15th to September 1st of each year in certain Counties of this State; and for other purposes.
By unanimous consent, House Bill No. 590 was postponed until Monday,
March 13th, 1939.
By Mr. Sapp of CoffeeHouse Bill No. 606. A bill to be entitled an Act to prohibit goats from running
at large 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 104, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Stiles of FanninHouse Bill No. 611. A bill to be entitled an Act to amend an Act approved
January 13, 1938, so as to provide that fishing may be permitted in Fannin County from April 15th to May 31st; and for other purposes.
The report of the Committee which was favorable to the p;tssage 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 and adopted:
By Mr. Bray of BartowHouse Resolution No. 184. A resolution urging the Treasury Department
of the United States to purchase essential war materials in Georgia; and for other purposes.
Mr. Gross of Stephens moved that the House do now adjourn until tomorrow morning at 9:00 o'clock, and the motion prevailed.
Leaves of absence were granted to Mt'ssrs. Pilcher of Warren, Pierce of Terrell, Coogler of Clayton, Drake of Seminole, Tipton of Thomas, Middleton of Early, Binion of Hancock, Etheridge of Baker, Bruce of Troup, Etheridge of Houston and Clark of Catoosa.
The Speaker Pro-Tem announced the House adjourned until tomorrow morning at 9:00 o'clock.

FRIDAY, MARCH 10, 1939

1233

Representative Hall, Atlanta, Ga.,
Friday, March lOth, 1939.
The House met pursuant to adjournment this day at 9:00 o'clock, A. M., was called to order by the Speaker Pro-Tem and opened with prayer by the Chaplain.
By unanimous consent, the call of the roll was dispensed with.
Mr. Gross of Stephens, 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 period of unanimous consents:
1. Introduction of bills and resolutions under the Rules of the 1-j:ouse.
2. Report of Standing Committees.
3. Second reading of bills and reasolutions, favorably reported.
4. Third reading and passage of local uncontested bills and resolutions of the House and Senate.
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. Gross of StephensHouse Bill No. 798. A bill to be entitled an Act to impose a tax upon the
consumption of natural gas; and for other purposes.
Referred to Committee on Ways and Means.
By Mr. Jones of RichmondHouse Bill No. 799. A bill to be entitled an Act to amend Chapter 92-19
(Title 92) of the Code of Georgia of 1933 entitled "Public Revenue, Miscellaneous Occupations" so as to provide a tax for every peddler or traveling vendor of patent or proprietary medicine; and for other purposes.
Referred to Committee on Ways and Means.
By Mr. Sapp of CoffeeHouse Bill No. 800. A bill to be entitled an Act to repeal an Act approved
March 8, 1937, pages 1301-02, of the 1937 Acts creating the office of tax collector of Coffee County; and for other purposes.

1234

JOURNAL OF THE HOUSE,

Referred to Committee on Counties and County Matters.
By Mr. Sapp of Coffee -
House Bill No. 801. A bill to be entitled an Act to repeal an Act approved March 8, 1937, pages 1303-1304, of the 1937 Acts providing for a repeal of the Acts of 1931 of the General Assembly creating the office of tax commissioner of Coffee County; and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. J. H. Ennis and Marion Ennis of BaldwinHouse Bill No. 802. A bill to be entitled an Act to amend an Act establishing
a new charter for the City of Milledgeville, and the several Acts amendatory thereof; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Sapp of CoffeeHouse Bill No. 803. A bill to be entitled an Act to amend an Act entitled
"An Act to incorporate the City of Broxton, etc."; and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Swindle of Berrien and Branch of TiftHouse Bill No. 804. A bill to be entitled an Act establishing and creating
a public corporation to be known as the "Atlanta Produce Market Authority"; and for other purposes.
Referred to Committee on General Agriculture No. l.
By Mr. Sap of CoffeeHouse Bill No. 805. A bill to be entitled an Act to repeal an Act of the
General Assembly creating the office of tax receiver of Coffee County; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Jones of RichmondHouse Bill No. 806. A bill to be entitled an Act to prohibit any manufacturer
or transient vendor of candies or sweets from consigning candies or manufactured sweets with individuals, persons, firms, corporations or associations who have not purchased a license authorizing them to sell and dispose of same; and for other purposes.
Referred to Committee on Ways and l\1eans.
By Messrs. Lanham, Davis and Rogers of FloydHouse Bill No. 807. A bill to be entitled an Act to amend the charter of the
City of Rome; and for other purposes.

FRIDAY, MARCH 10, 1939

1235

Referred to Committee on Municipal Government.
By Messrs. Harris, Lanier and Jones of Richmond-
House Bill No. 808. A bill to be entitled an Act to amend Acts 1931, pages 686-691, so as to provide that the City Council of Augusta may delegate to the City Planning Commission, power and authority to permit exceptions to and variations from the zoning regulations; and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Sabados and Allen of Dougherty-
House Bill No. 809. A bill to be entitled an Act to amend Code Section 855(aa} Park's 1914 Annotated Code, so as to authorize persons holding office under municipal corporations in Georgia of a certain population to sell goods, wares and merchandise; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Allen of Dougherty-
House Bill No. 810. A bill to be entitled an Act to amend Section 22 of the General Tax Act No. 360, approved March 28, 1935, Georgia Laws of 1935; which provides that no person shall be exempt from any tax imposed, who has more than one employee to assist in conducting such business; and for other purposes.
Referred to Committee on State of Republic.
By Messrs. Etheridge and E:endrick and Mrs. Mankin of Fulton-
House Bill No. 811. A bill to be entitled an Act to amend the charter of the City of Atlanta; and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Lanham, Davis and Rogers of Floyd-
House Resolution No. 186-807 A A resolution authorizing the State Librarian to furnish certain missing court reports for the use of the Judge of Superior Court m Floyd County; and for other purposes.
Referred to Committee on Public Library.
By Messrs. Lanham, Davis and Rogers of Floyd-
House Resolution No. 187-807 B. A resolution to amend Article VI, Section 2, Paragraph 5, of the Constitution so as to provide for the jurisdiction of the Supreme Court to provide for the submission of said amendment to the voters of the State for ratification by the people; and for other purposes.
Referred to Committee on Amendments to Constitution No. l.
By Messrs. Lanham, Davis and Rogers of Floyd-

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JOURNAL OF THE HOUSE,

House Resolution No. 188-807 C. A resolution to amend Article VI, Section 2, Paragraph 9, of the Constitution so as to provide for the jurisdiction of the Court of Appeals to provide for the submission of said amendment to the qualified voters of the State for ratification by the people; and for other purposes.
Referred to Committee on Amendments to Constitution No. 1.
Mr. Carmichael of Cobb 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 Senate and have instructed me, as Chairman, to report the same back to the House with the following recommendations:
House Bill No. 662. Do pass.
House Bill No. 735. Do pass.
House Bill No. 742. Do pass.
Senate Bill No. 150. Do pass.
Senate Bill No. 175. Do pass.
Respectfully submitted,
Carmichael of Cobb, 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. 124, 225, 277, 283, 284, 292, 342, 354, 430, 452, 469, 486, 491,493,507,517,536, 556, 571,606,611,683, 711, 729, 730, 738, 745, 757.
House Resolutions Nos. 184, 185.
Respectfully submitted,
Sartain of Walker, Chairman.
Mr. Atkinson of Chatham County, Chairman of the Committee on General Judiciary No. l, submitted the following report:
Mr. Speaker:
Your Committee on General Judiciary No. 1 have had under consideration

FRIDAY, MARCH 10, 1939

1237

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. 581. Do not pass. House Bill No. 749. Do pass by substitute.
House Bill No. 599. Do not pass.
House Bill No. 706. Do not pass. Senate Bill No. 131. Do pass as amended. Senate Bill No. 126. Do pass. Senate Bill No. 156. Do pass.
Respectfully submitted, Atkinson of Chatham, Chairman.
Mr. Atkinson of Chatham 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 recommendations:
House Bill No. 681. Do pass by substitute. Respectfully submitted, Atkinson of Chatham, Chairman.
Mr. Allen of Dougherty County, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:
Mr. Speaker: Your Committee on Hygiene and Sanitation have had under consideration the
following bills 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. 643. Do not pass. Senate Bill No. 139. Do pass as amended. Senate Bill No. 117. Do pass. Senate Bill No. 183. Do pass. Senate Bill No. 42. Do pass. House Bill No. 566. Do pass.

1238

JOURNAL OF THE HOUSE,

House Bill No. 563. Do pass. House Bill No. 560. Do not pass. House Bill No. 765. Do pass. House Bill No. 682. Do pass. House Bill No. 524. Do not pass. House Bill No. 403. Do pass. House Bill No. 19. Do pass. House Bill No. 201. Do not pass.
Respectfully submitted, Allen of Dougherty, Chairman.
Mr. Kendricks 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 recommendations:
Senate Bill No. 203. Do pass. Respectfully submitted, Kendrick of Fulton, Chairman.
Mr. Sams of DeKalb 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. 795. Do pass. Senate Bill No. 182. Do pass.
Respectfully submitted, Sams of DeKalb, Chairman.
Mr. Lanham of Floyd County, Chairman of the Committee on Ways and Means, submitted the following report:

FRIDAY, MARCH 10, 1939

1239

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. 604. Do pass as amended. House Bill No. 528. Do not pass. House Bill No. 418. Do not pass. House Bill No. 126. Do not pass. House Bill No. 792. Do not pass. House Bill No. 661. Do pass. House Bill No. 585. Do pass as amended. House Bill No. 663. Do not pass. House Bill No. 708. Do not pass. House Bill No. 559. Do not pass. House Bill No. 567. Do not pass. House Bill No. 752. Do pass. House Bill No. 298. Do not pass. House Bill No. 751. Do pass. House Bill No. 543. Do pass. House Bill No. 591. Do pass. House Bill No. 603. Do pass.
Respectfully submitted, Lanham of Floyd, Chairman.
By unanimous consent, the following bills and resolutions of the House and Senate, favorably reported, were read the second time:
By Messrs. Evans of McDuffie, Drinkard of Lincoln, and Pannell of MurrayHouse Bill No. 19. A bill to be entitled an Act repealing an Act regulating
the manufacture and inspection of mattresses; and for other purposes.
By Mr. Sumner of WorthHouse Bill No. 403. A bill to be entitled an Act to amend Chapters 88-11
and 88-12 of the 1933 Code of Georgia in certain respects so as to secure complete

1240

JOURNAL OF THE HOUSE,

uniform and comparable registration of records of births and deaths in this State, etc.; and for other purposes.
By Mr. Boyd of Cook-
House Bill No. 543. A bill to be entitled an Act to require all tax collecting officials of the State of Georgia, any county or municipality therein, to date all tax receipts, showing the time taxes were paid; to provide for a penalty for failure to do so; and for other purposes.
By Mr. Marshall of Macon-
House Bill No. 563. A bill to be entitled an Act to make unlawful and punishable putting, or causing to be put flour upon the floor of any transportation instrumentality on which guano or other fertilizer is lying; and for other purposes.
By Mr. Marshall of Macon-
House Bill No. 566. A bill to be entitlt>d an Act to give a lien under Code Section No. 67-2202 to the owner or keeper of any bull; and for other purposes.
By Mr. Lanham of Floyd-
House Bill No. 585. A bill to be entitled an Act to amend Georgia Laws 1937-38, page 297, by increasing commissions allowed tax collectors and receivers for certain collections; and for other purposes.
By Messrs. Harris of Richmond and Parker of Colquitt-
House Bill No. 591. A bill to be entitled an Act to continue the present rate of taxation on beer; and for other purposes.
By Messrs. Lanham of Floyd and Culpepper of Fayette-
House Bill No. 603. A bill to be entitled an Act to amend Section 92-5712 of the Code of 1933 by requiring payment of proportionate part of tax representing personalty covered by Fi Fa (Proportionate payments by owners, iien holders, etc.); and for other purposes.
By Messrs. Lanham of Floyd and Culpepper of Fayette-
House Bill No. 604. A bill to be entitled an Act to amend Chapter 92-81 (Sale under tax execution) of Code of 1933 by providing for payment by taxpayer of taxes in case of excess levy before courts shall set sale aside; and for other purposes.
By Mr. Harrison of Jenkins-
House Bill No. 661. A bill to be entitled an Act to amend Paragraph 71, Section (a), of the General Tax Act of 1935 so as to propose a tax upon punchboards; and for other purposes.
By Mr. Smiley of Liberty-

FRIDAY, MARCH 10, 1939

1241

House Bill No. 662. A bill to be entitled an Act to propose to the qualified voters of Georgia an amen.dment to Article 7, Section 7, Paragraph 1, of the Constitution so as to authorize the Willie Consolidated School District to incur a bonded indebtedness; and for other purposes.
By Mr. Chappell of Sumter-
House Bill No. 681. A bill to be entitled an Act to create a joint committee of the House and Senate to conduct investigations and make recommendations to the General Assembly concerning economy; and for other purposes.
By Messrs. Rountree of Emanuel, Brooks of Jackson, Wages of Jackson and Campbell of Newton-
House Bill No. 682. A bill to be entitled an Act to amend Section 84-1313 of the Georgia Code (1933) relating to qualifications of applicants for registration by the State Board of Pharmacy, so as to provide for extention of exemption in said section; and for other purposes.
By Mr. Hill of Screven-
House Bill No. 735. A bill to be entitled an Act to amend Article 7, Section 7, Paragraph 1, of the Constitution so as to authorize the City of Sylvania to incur a bonded indebtedness in addition to that heretofore authorized; and for other purposes.
By Messrs. Harris, Lanier and Jones of Richmond-
House Bill No. 742. A bill to be entitled an Act to amend Article VII, Section 7, Paragraph 1, of the Constitution so as to authorize the City Council of Augusta to make temporary loans; and for other purposes.
By Mr. Grayson of Chatham-
House Bill No. 749. A bill to be entitled an Act fixing and prescribing the maximum interest rate to be charged by persons, firms, corporations, or associations engaged in the business of lending money on assignments of earned or unearned wages; and for other purposes.
By Mr. Gross of Stephens-
House Bill No. 751. A bill to be entitled an Act to prohibit employees and officials of the State from purchasing through the Supervisor of Purchases any article, material, merchandise, ware, commodity or other thing of value for the personal ownership of himself or others; and for other purposes.
By Mr. Carmichael of Cobb-
House Bill No. 752. A bill to be entitled an Act to amend an Act entitled "An Act to amend Chapter 40-19 of the 1933 Code, known as the charter creating the Supervisor of Purchases within the Executive Department, etc." so as to provide a proper letter, proposal and affidavit, etc.; and for other purposes.

1242

JOURNAL OF THE HOUSE,

By Mr. Grayson of Chatham-
House Bill No. 765. A bill to be entitled an Act relating to the learning of the occupation of a barber or hairdresser; and for other purposes.
By Mr. Rawlins of Telfair-
Hause Bill No. 795. A bill to be entitled an Act to create and incorporate the City of Jacksonville in the Couty of Telfair, and grant a charter to that M unicipality, to prescribe and define corporate limits thereof, a Municipal Government; and for other purposes.
By Senator Manning of the 39th District-
Senate Bill No. 42. A bill to be entitled an Act to prevent the spread of syphilis through marriage; and for other purposes.
By Senators Thomason of the 28th and Causey of the 46th Districts-
Senate Bill No. 117. A bill to be entitled an Act to amend an Act entitled "An Act to authorize and regulate the practice of Chiropractic in the State of Georgia" with reference to eligibility to practice; and for other purposes.
By Senators Millican of the 52nd, Abbot of the 18th and Sanders of the 36th Districts-
Senate Bill No. 126. A bill to be entitled an Act to amend Section 30-102 (2945) "Grounds for Total Divorce" of Georgia Code of 1933, by adding an additional ground for the number 9, providing for a total divorce when either party is adjudged insane by a commission or court; and for other purposes.
By Senator Howe of the 38th District-
Senate Bill No. 131. A bill to be entitled an Act to amend Code Section 9-401, defining the practice of law; and for other purposes.
By Senator Durden of the lOth District-
Senate Bill No. 139. A bill to be entitled an Act to amend Title 84 (Professions, businesses and trades), Chapter 84-12 (osteopaths), which provides for examination for applicants for license to practice osteopathy; and for other purposes.
By Senator Millican of the 52nd District-
Senate Bill No. 150. 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, so as to authorize the City of Atlanta to issue revenue certificates; and for other purposes.
By Senators Abbot of the 18th, Brown of the 4th and Causey of the 46th DistrictsSenate Bill No. 156. A bill to be entitled an Act repealing that certain Act
approved August 26, 1872, entitled "An Act to prescribe the manner of incorporating towns and villages in this State"; and for other purposes.

FRIDAY, MARCH 10, 1939

1243

By Senator Dawson of the 2nd District-
Senate Bill No. 175. A bill to be entitled an Act to propose to the qualified voters an amendment to Article 7, Section 7, Paragraph l, of the Constitution, so as to authorize the Willie Consolidated School District of Liberty County to incur a bonded indebtedness; and for other purposes.
By Senators Spivey of the 16th, Durden of the lOth, Harrell of the 7th, Cloud of the 19th and Brinson of the 42nd Districts-
Senate Bill No. 182. A bill to be entitled an Act to authorize the record owner of legal title to an interest in land as security for debt to recover trees, or their value, from any person, firm or corporation, who, without consent, buys, sells, cuts, holds, removes, disposed of or changes the form of, or otherwise converts any tree3 growing or grown on such lands; and for other purposes.
By Senator Lindsay of the 34th District-
Senate Bill No. 183. A bill to be entitled an Act to amend Section 84-903 of the Code of Georgia of 1933 relating to the appointment of members of the State Board of Medical Examiners so as to provide that members may be appointed without regard to ratio as to the number of members to be appointed from any particular school of medicine; and for other purposes.
By Senators Howe of the 38th and McGinty of the 43rd Districts-
Senate Bill No. 203. A bill to be entitled an Act to provide for the retirement of any member of the Industrial Board upon having attained the age of seventy years, with fifteen or more consecutive years of service; to provide method of payment of compensation; 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 Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton-
House Bill No. 669. A bill to be entitled an Act to amend an Act incorporating the City of Hapeville; and for other purposes.
The following amendment to House Bill No. 669, was read and adopted:
Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton move to amend House Bill No. 669 by striking from line eleven of caption the word "all" and adding after advertisements, "of the City of Hapeville", so that the caption will read as follows: An Act to amend an Act to incorporate the City of Hapeville, Georgia, approved September 16, 1891, and several Acts to subsequent years amendatory thereof, so that the mayor and council of the City of Hapeville shall have power and authority within its discretion by ordinance or resolution to allow taxes, both ad valorem and special, to be paid in instalments on such dates as it may designate and to give such discount as in its discretion may seem wise: also to allow the City of Hapeville to designate any newspaper it sees fit, which has been published

1244

JOURNAL OF THE HOUSE,

within the limits of the City of Hapeville for a period of two years, to carry legal advertisements of the City of Hapeville.
The report of the Committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, as amended, the ayes were 103, the nays 0.
The bill having receivt'd the requisite constitutional majority was passed, as amended.
By Mr. Barrett of Cherokee-
House Bill No. 750. A bill to be entitled an Act to re-incorporate the Town of Woodstock in the County of Cherokee, to repeal the present charter; and for other purposes.
The report 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 Allison and Pharr of Gwinnett-
House Bill No. 756. A bill to be entitled an Act to amend an Act to create a Board of County Commissioners for Gwinnett 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. Moss of Gordon-
House Bill No. 758. A bill to be entitled an Act to incorporate the Town of Oakman, in the County of Gordon; and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, the nays 0. The bill having received the requisite constitutional majority was passed.
By Messrs. Rogers, Lanham and Davis of FloydHouse Bill No. 764. 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.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.

FRIDAY, MARCH 10, 1939

12-+S

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. Hatchett of Meriwether-
Hause Bill No. 773. A bill to be entitled an Act to amend an Act to constitute a Board of Commissioners for the County of Meriwether, by providing for the employment of a Clerk; and for other purposes.
The report 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. Carrington of Barrow-
House Bill No. 775. A bill to be entitled 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 109, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Tippins of Wilcox-
House Bill No. 780. A bill to be entitled an Act to amend an Act creating a new charter for the Town of Abbeville; and for other purposes.
The report 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. Douglass of Talbot-
House Bill No. 781. A bill to be entitled an Act to amend an Act to abolish the offices of Tax Collector and Tax Receiver of Talbot County; and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Candler, Sams and Turner of DeKalb-

1246

JOURNAL OF THE HOUSE,

House Bill No. 782. A bill to be entitled an Act to amend an Act creating 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 112, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Evans of McDuffieHause Bill No. 784. A bill to be entitled an Act to provide the manner in
which Justice of the Peace and Notaries Public Ex-officio Justices of the Peace shall be compensated in criminal cases in McDuffie County; and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 113, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Parker and Barlow of ColquittHouse Bill No. 785. A bill to be entitled an Act to amend an Act to create a
new charter for the City of Doerun in Colquitt County; and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 114, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Senator Lindsay of the 34th DistrictSenate Bill No. 154. A bill to be entitled an Act to amend an Act to authorize
the election of Commissioner of Roads and Revenues for DeKalb County; and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 115, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Senator Manning of the 39th DistrictSenate Bill No. 189. A bill to be entitled an Act to amend an Act authorizing
the Mayor and Council of Marietta to have held by the qualified voters an election to determine whether or not bonds shall be issued; and for other purposes.
The following Committee Substitute to Senate Bill No. 189, was read and adopted:

FRIDAY, MARCH 10, 1939

1247

A BILL
To be entitled an Act to amend an Act approved August 20, 1906 (Georgia Laws, 1906, pages 846-848) authorizing the Mayor and Council of the City of Marietta to order an election so as to determine whether or not bonds shall be issued by the City of Marietta for certain designated purposes; by adding to the said Act a new Section authorizing the Board of Lights and Waterworks to extend its services and facilities beyond the limits of Marietta; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION l.
The Act of the General Assembly approved August 20, 1906 (Georgia Laws 1906, pages 846-848) authorizing the Mayor and Council of the City of Marietta to order an election for the purpose of determining whether or not bonds shall be issued by the City of Marietta for certain designated purposes be and the same is
hereby amended by adding thereto a new section to be known as Section 5 A to
read as follows :
"Section 5 A. The Board of Lights and Waterworks shall have the power and
authority to extend its water mains and electric power lines beyond the limits of the City of Marietta into Cobb County at such places and to such distances as said Board may determine by proper resolution, and to serve customers on said mains and lines so extended at such rates as may be fixed by the Board."
SECTION 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, 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 co'lstitutional majority was passed, by substitute.
By Mr. Jones of Brantley-
Hause Bill No. 86. A bill to be entitled an Act to repeal an Act abolishing the office of County Treasurer of Brantley County; and for other purposes.
The following Committee amendment to House Bill No. 86, was read and adopted:
Committee moves to amend caption of House Bill No. 86 by changing the figures 445 to 545, so when amended will read 545, and further amends by adding a new section to be properly numbered, and the caption to be properly amended Section - . Be it further enacted, That the effective date of this Act shall be May 1st, 1939.

1248

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, the ayes were 117, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
By unanimous consent, all local bills were ordered immediately transmitted to the Senate.
The following resolution of the House was read and adopted:
By Messrs. Joel and Bennett of Clark-
House Resolution No. 185.
A RESOLUTION
Whereas, the State of Georgia will have an exhibit at the World's Fair in New York which will open next month and thousands of people from all over the United States and foreign countries will visit, and in this exhibit will be a display by the University of Georgia Press showing the wonderful work they are now doing, and
Whereas, a mere display of books will attract no particular attention as there will be many such exhibits, but a Bengal tiger, golden leaf pottery not to be found any where outside a twelve mile area of Kentung State, a cobra twelve feet long, clothing and shoes from the foreign countries of the world, and many others, certainly will, and
Whereas, these unique souvenirs gathered on the trip riding a bicycle around the world by Fred A. Birchmore will certainly cause comment and interest and draw crowds to see Georgia's exihibts as a whole, and,
Whereas, these souvenirs collected by Mr. Birchmore, of Athens, Georgia, are in the Smithsonian Institute, the United States National Museum at Washington which is to be their final home, and should be welcome for a Georgia exhibit,
Therefore, be it resolved by the House of Representatives, the Senate con-
curring, that the souvenirs gathered by Fred A. Birchmore be permitted and allowed
to be placed in the display of the University of Georgia Press as a medium of attracting attention and boosting the work that the University Press is doing, and said souvenirs will attract many visitors and serve the purpose that will be most profitable to the University Press as well as all exhibits.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:
Mr. Speaker:
The President of the Senate has appointed as a committee of conference on the part of the Senate to confer with a like committee on the part of the House,

FRIDAY, MARCH 10, 1939

1249

Senators Durden of the lOth, Millican of the 52d and Brinson of the 42d Districts, on the following bill of the House, to-wit:
By Messrs. Summerour and Bray of Bartow-
House Bill No. 90. A bill to be entitled an Act to amend the Acts creating the City Court of Bartow 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 and Senate to-wit:
By Mr. Claxton of Johnson-
House Bill No. 529. A bill to amend an Act creating the City Court of Wrightsville in Johnson County, so as to provide that the Judge of the Superior Court of the Dublin Judicial Circuit can preside in the said court; and for other purposes.
By Senator Millican of the 52d District-
Senate Bill No. 113. A bill to amend the Code of 1933 with reference to Assistant Attorneys-General so as to provide for the appointment of the Assistant Attorneys-General by the Attorney-General; and for other purposes.
By Senators Brown of the 4th, Dawson of the 2d and Warnell of the 1st DistrictsSenate Bill No. 136. A bill to propose to the qualified voters an amendment
authorizing the continuance of "The Coastal Highway District"; and for other purposes.
By Senators Brown of the 4th, Dawson of the 2d, and Warnell of the 1st DistrictsSenate Bill No. 138. A bill to prescribe the duties and responsibilities in
connection with the continuance of "The Coastal Highway District"; and for other purposes.
By Senator Durden of the lOth DistrictSenate Bill No. 193. A bill to provide for the appointment of County Planning
Councils; to provide for organization; and for other purposes.
By Senator Dawson of the 2d District-
Senate Bill No. 196. A bill to repeal an Act approved February 7, 1938, 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.
By Senator Abbot of the 18th DistrictSenate Bill No. 209. A bill to amend the charter of the City of Augusta so
as to provide a municipal budget; and for other purposes.

1250

JOURNAL OF THE HOUSE,

By Senator Groover of the 37th District-
Senate Bill No. 216. A bill to amend an Act to consolidate the offices and duties of the Tax Receiver and Tax Collector of Troup County and to create the office of Tax Commissioner; and for other purposes.
Under the continuing 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. Parker and Barlow of Colquitt-
House Bill No. 219. A bill to be entitled an Act to amend Section 32-9906 of the Civil Code of 1933, known as the Compulsory School Attendance 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 109, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton-
House Bill No. 342. A bill to be entitled an Act to add an additional Judge of the Superior Court for the Atlanta Judicial Circuit; and for other purposes.
Mr. Lovett of Laurens moved the previous question, the motion prevailed, 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 114, the nays 5.
The bill having received the requisite constitutional majority was passed.
By unanimous consent, the bill was ordered immediately transmitted to the Senate.
Mr. Rawlins of Telfair arose to a point of personal privilege and addressed the House.
Mr. Gross of Stephens moved that when the House adjourn today, that it stand adjourned until 10:00 o'clock Monday, and the motion prevailed.
The following report of the Committee on Rules was read and adopted:
March 10, 1939.
Mr. Speaker: Your Committee on Rules having had under consideration the fixing of a
calendar have established as a special and continuing order of business the following:

FRIDAY, MARCH 10, 1939

1251

( 1) House Bill No. 647. Divorce on United States Reservation in Georgia.
(2) House Bill No. 342. Fulton Judgeship. (3) House Bill No. 219. Compulsory Education. (4) House Bill No. 446. Salary Reduction. (5) House Bill No. 625. Enlarge Powers of Trustees of G. M. C. (6) House Resolution No. 105-394B. Relating to Confederate Widows Pensions. (7) House Bill No. 635. To authorize the County of Bacon to issue re-funding bonds. (8) House Bill No. 397. Statutory Foreclosure. (9) House Bill No. 690. Post Road Bills. (10) House Bill No. 449. Relating to sale of pawnees. ( 11) House Bill No. 624. Relating to sale of land at Milledgeville. (12) House Bill No. 698. Relating to pay patients at Milledgeville. ( 13) House Bill No. 317. Relating to regulation of frozen desserts. (14) House Bill No. 258. Relating to title insurance. (15) House Bill No. 276. Junk Dealers. (16) House Resolution No. 132-497 A. Local Fulton County. (17) House Bill No. 480. Weights and Measures. (18) House Bill No. 275. Relating to interest and execution on Poll taxes. ( 19) House Bill No. 31. Rolling Stores. (20) House Bill No. 104. Rolling Stores. (21) House Bill No. 472. Local. (22) House Bill No. 352. Crab Bill. (23) House Bill No. 322. Local. (24) House Bill No. 407. Hog Cholera. (25) House Bill No. 261. Barbers. The Speaker may call up local constitutional amendments at his discretion.
Gross of Stephens, Vice-Chairman.

1252

JOURNAL OF THE HOUSE,

The following report of the Committee on Rules, was read and adopted:
Mr. Speaker:
Your Committee on Rules having had under consideration House Resolution No. 183, have instructed me to rep~rt back to the House with the recommendation, that same do pass.
Respectfully submitted,
Gross of Stephens, Vice-Chairman.
The following resolution of the House was taken up for consideration and read:
By Messrs. Lovett of Laurens and Atkinson of Chatham-
House Resolution No. 183. A resolution. Resolved that on Friday, March lOth, and Saturday, March 11th, 1939, debate on all questions shall be limited to twenty minutes by the author of the bill under consideration, and fifteen minutes by other members of the House, and on all questions of personal privilege the members shall be limited to ten minutes.
Mr. Sabados of Dougherty moved the previous question, the motion prevailed, and the main question ordered.
An amendment offered by Messrs. Conner of Dooly, Lovett of Laurens and Atkinson of Chatham, was read and withdrawn.
An amendment offered by Mr. Atkinson of Chatham was read and withdrawn.
The resolution was adopted.
Mr. Williams of Bacon arose to a point of personal privilege and addressed the Hous~.
Under the continuing 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. Henderson of Irwin, Hill of Screven and Kennedy of TattnallHouse Bill No. 446. A bill to be entitled an Act to reduce the salaries of all
State employees; and for other purposes.
Mr. Ennis of Baldwin moved that the bill be referred to a sub-committee of five, to be appointed by the Speaker.
Mr. Lewis of Burke moved the previous question.
Mr. Ennis of Baldwin moved that the bill be tabled.
On the motion to table, Mr. Clary of Columbia moved the ayes and nays, and the call was sustained.
The roll call was ordered and the vote was as follows:

FRIDAY, MARCH 10, 1939

12)3

Those voting in the affirmative were Messrs.:

Aiken Atkinson Beck Bell Bloodworth Brooks of Jackson Clements of Marion Clements of Wheeler

Dean Ennis, J. H. Etheridge of Fulton Flanders Foster Fowler of Treutlen Hatchett Kaigler

Those voting in the negative were Messrs.:

Allison of White Almand Barlow Bennett of Ware Boyd of Greene Branch Bruce Bynum Candler Carmichael of Butts Carmichael of Cobb Cheney Clark Clary Clements of Calhoun Cobb Conner Cook Corbett Culpepper of Fayette Curry Clements of Calhoun Dallis Davidson Davis of Coweta DeFoor Dickerson Dockery Drinkard Edwards of Taylor Ennis, Marion Etheridge of Baker Etheridge of Houston Evans of Laurens Evans of McDuffie Ferguson of Camden

Ferguson of Sumter Ford Forrester of Crisp Forrester of Dade Franklin of Bulloch Franklin of Polk Gaines Gavin Gill Goddard Graham Greene Grice Griffin Gross of Stephens Gross of Washington Guyton Harden Harrison of Crawford Harrison of Jenkins Harvey Hayes Henderson Herndon Hill Hinson Holtzendorff Howard Jackson Joel Jones of Paulding Jones of Richmond Kennedy Kimbrough King Lanham

Kendrick Key Mankin McNall Rossee Thornton
Lewis Lovett Marshall Mason Maxwell McBride McCracken McDaniel McGraw Merritt Middleton Mills Moore of Lumpkin Moore of Taliaferro Morgan Mosely Pannell Parham Pharr Pilcher Purdy Rawlins Rogers Roughton Sabados Sams Sanders Sapp Sartain Scott Simmons Smith of Schley Stiles Strickland of Haralson Strickland of Pierce Sumner

1254

JOURNAL OF THE HOUSE,

Tate Thigpen of Evans Thigpen of Glascock Tippins Trippe

Turner Vickery Warren Wells Whitaker

Williams of Bacon Wohlwender Wright Yeomans

Those not voting were Messrs.:

Allen Allison of Gwinnett Ansley Barrett Bennett of Clarke Binion Blackshear Blease Boyd of Cook Bray Brooks of Oglethorpe Bush Campbell Carrington Carter Chappell Claxton Connell Coogler Culpepper of Mitchell Daughtry

Davis of Floyd Douglass Drake Easley Edwards of Lowndes Elliott English Fowler of Douglas Goolsby Gowen Grant Grayson Hardman Johnson Jones of Brantley Kelley Lanier Looper Miller Moss Parker

Pierce Preston Ragan Rees Reid Rountree Saunders Smiley Smith of Henry Summerour Swindle Terrell Tipton Tomlinson Wages Whipple Wiggins Williams of Ware Yawn

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

On the motion to tabel, the ayes were 22, the nays 121. The motion to table was lost.

Mr. Hill of Screven asked unanimous consent that a sub-committee of five be appointed to study the bill and report back to the House Monday, and the consent was granted.
The Speaker appointed as a sub-committee, the following members of the House, to-wit:
Messrs. Hill of Screven,
Carmichael of Cobb,
Marion Ennis of Baldwin,
Sabados of Dougherty, and
Lovett of Laurens.

FRIDAY, MARCH 10, 1939

1255

Under the continuing 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. Sams, Candler and Turner of DeKalbHouse Bill No. 673. A BILL
To be entitled an Act to amend Paragraph 1, Section 13 of Article 6, of the Constitution of Georgia regulating the salaries of judges of the Superior Court by providing for the payment from the County Treasurer of DeKalb County to the Judge of the Circuit of which said county is a part, an additional compensation; and for other purposes.
SECTION 1.
The General Assembly of the State of Georgia hereby proposes to the people of Georgia an amendment to Paragraph 1, of Section 13, of Article 6, of the Constitution of this State, as follows: By adding to Paragraph 1, of Section 13, of Articel 6, of the Constitution of the State of Georgia as it now is the following:
"Provided, that the County of DeKalb from and after January 1, 1940, shall pay from its treasury to the Superior Court judges of the Circuit of 'Yhich it is a part in addition to the salary paid each judge from the State Treasury, the sum of Twenty Five Hundred Dollars per annum to each judge, and said payments are declared to be a part of the court expenses of such county.
SECTION 2.
Be it further enacted by the authority aforesaid, that whenever the above proposed amendment to the Constitution of this State shall be agreed to by two-thirds of the members elected to each of the Houses of the General Assembly, and the same has been entered upon their journals, with the yeas and nays taken there~m, the Governor shall, and he is hereby authorized and instructed to cause the above proposed amendment to be published in one or more newspapers in each congressional district in this State for the period of two months next preceding the time of holding the next general election; and the Governor is hereby authorized and directed to provide for the submission of the amendment proposed for ratification or rejection to the electors of this State at the next general election to be held after said publication, at which election every person shall be qualified to vote who is entitled to vote for members of the General Assembly. All persons voting at such election in favor of adopting the said proposed amendment shall have written or printed in their ballots the words, "for amendment to Paragraph one of Section 13 of Article 6 of the Constitution, providing for additional compensation to be paid by DeKalb County, to the judges of the Circuit to which it is a part," If a majority of the electors qualified to vote for members of the General Assembly voting thereon, shall vote for ratification, the Governor shall, when he ascertains the same from the Secretary of State, to whom the returns from said election shall be referred in the same manner as in cases of election for members of the General

1256

JOURNAL OF THE HOUSE,

Assembly to county and ascertain the result, issue his proclamation for one insertion in one daily paper of the State, announcing such result and declaring the amendment ratified.

SECTION 3.
Be it further enacted that all laws or parts of laws m 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:

Tho&e voting in the affirmative were Messrs.:

Aiken Allison of Gwinnett Allison of White Almand Ansley Atkinson Barlow Barrett Beck Bell Bennett of Clarke Bennett of Ware Blease Bloodworth Boyd of Greene Branch Bray Brooks of Oglethorpe Bruce Candler Carmichael of Butts Carmichael of Cobb Carrington Carter Chappell Cheney Clary Claxton Clements of Calhoun Clements of Marion Clements of Wheeler Cobb

Conner Cook Culpepper of Fayette Curry Dallis Davidson Davis of Coweta Dean DeFoor Dickerson Dockery Drinkard Edwards of Taylor Ennis, J. H. Ennis, Marion Etheridge of Baker Etheridge of Fulton Etheridge of Houston Evans of Laurens Ferguson of Camden Ferguson of Sumter Flanders Ford Forrester of Crisp Forrester of Dade Foster Fowler of Treutlen Franklin of Polk Gaines Gavin Gill Goddard

Graham Grayson Greene Grice Griffin Gross of Stephens Gross of Washington Guyton Harden Harrison of Crawford Harrison of Jenkins Harvey Hatchett Hayes Henderson Herndon Hill Hinson Holtzendorff Jackson Joel Jones of Brantley Jones of Richmond Kendrick Kennedy Key King Lanham Lewis Looper Lovett Mankin

FRIDAY, MARCH 10, 1939

1257

Maxwell McBride McCracken McDaniel McGraw McNall Merritt Middleton Mills Moore of Lumpkin Moore of Taliaferro Morgan Mosely Pannell Parham Pharr Pilcher Preston

Purdy Rawlins Rogers Rossee Roughton Sabados Sams Sanders Sapp Sartain Scott Smiley Smith of Schley Stiles Strickland of Haralson Strickland of Pierce Tate Thigpen of Evans

Thigpen of Glascock Thornton Tippins Trippe Turner Vickery Warren Wells Whipple Whitaker Wiggins Williams of Bacon Williams of Ware Wohlwender Wright Yeomans

Those not voting were Messrs.:

Allen Binion Blackshear Boyd of Cook Brooks of Jackson Bush Campbell Clark Connell Coogler Corbett Culpepper of Mitchell Daughtry Davis of Floyd Douglass Drake Easley Edwards of Lowndes Elliott

English Evans of McDuffie Fowler of Douglas Franklin of Bulloch Goolsby Gowen Grant Hardman Howard Johnson Jones of Paulding Kaigler Kelley Kimbrough Lanier Marshall Mason Miller Moss

Parker Pierce Ragan Rees Reid Rountree Saunders Simmons Smith of Henry Summerour Sumner Swindle Terrell Tipton Tomlinson Wages Yawn

By unanimous consent, 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. Wohlwender of Muscogee-

1258

JOURNAL OF THE HOUSE,

House Bill No. 647. A bill to be entitled an Act to amend Section 30-107 of the Code of 1933, relating to residence of plaintiff in an action for divorce, so as to give certain Superior Courts jurisdiction over applications for divorce; and for other purposes.
The report 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. Williams of Bacon-
House Bill No. 635.
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 County of Bacon 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 as of January 1, 1939, and which becomes due up to and including July 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 July 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 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 County of Bacon may issue refunding serial bonds not in excess of the aggregate sum of $30,000.00 for the purpose of refunding and retiring any bonded indebtedness and interest thereon of said county outstanding past due and unpaid on January 1, 1939, and any bonded indebtedness and interest thereon of said county outstanding and which becomes due up to and including July 1, 1939, and to 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 County of Bacon 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 July 1, 1939. Said refunding bonds shall be issued when authorized by a vote of the Commissioners of Roads and Revenues of Bacon County, and shall be validated as provided by law."
Section 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,

FRIDAY, MARCH 10, 1939

1259

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 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 County of Bacon 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 County of Bacon 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 result 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.
Section 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:

Those voting in the affirmative were Messrs.:

Aiken Allison of White Almand Atkinson Barlow Barrett Beck Bell Bennett of Clarke Bennett of Ware Blease Bloodworth Boyd of Cook Boyd of Greene Branch Bray Brooks of Oglethorpe Bruce Bynum Candler Carmichael of Butts

Carmichael of Cobb Carrington Carter Chappell Cheney Clary Claxton Clements of Calhoun Clements of Marion Clements of Wheeler Cobb Conner Cook Corbett Culpepper of Fayette Dallis Davis of Coweta Davis of Floyd Dean DeFoor Dickerson

Dockery Drinkard Edwards of Lowndes Edwards of Taylor
Ennis, J. H.
Ennis, Marion Etheridge of Houston Evans of Laurens Ferguson of Camden Ferguson of Sumter Ford Forrester of Crisp Forrester of Dade Foster Fowler of Treutlen Franklin of Bulloch Franklin of Polk Gaines Gavin Gill Goddard

1260

JOURNAL OF THE HOUSE,

Gowen Graham Grayson Greene Grice Griffin Gross of Washington Guyton Harden Harrison of J enk.ins Hatchett Hayes Henderson Herndon Hill Hinson Holtzendorff Howard Jack.son Joel Jones of Brantley Jones of Paulding Jones of Richmond Kennedy Key Kimbrough King

Lewis Lovett Mank.in Mason Maxwell McBride McCracken McDaniel McGraw McNall Merritt Middleton Moore of Lumpk.in Moore of Taliaferro Morgan Mosely Pannell Parham Pharr Pilcher Preston Purdy Rawlins Reid Rogers Roughton Sabados

Those not voting were Messrs.:

Allen Allison of Gwinnett Ansley Binion Blackshear
Brook.s of Jack.son
Bush Campbell Clark. Connell Coogler Culpepper of Mitchell Curry Daughtry Davidson Douglass Drake Easley

Elliott English Etheridge of Bak.er Etheridge of Fulton Evans of McDuffie Flanders Fowler of Douglas Goolsby Grant Gross of Stephens Hardman Harrison of Crawford Harvey Johnson Kaigler Kelley Kendrick Lanham

Sams Sanders Sapp Sartain Scott Smiley Stiles Strick.land of Haralson Strick.land of Pierce Swindle Tate Thigpen of Evans Thigpen of Glascock. Tippins Trippe Turner Vick.ery Warren Wells Whipple Wiggins Williams of Bacon Williams of Ware Wohlwender Yeomans
.! '
Lanier Looper Marshall Miller Mills Moss Park.er Pierce Ragan Rees Rossee Rountree Saunders Simmons Smith of Henry Smith of Schley Summerour Sumner

FRIDAY, MARCH 10, 1939

1261

Terrell Thornton Tipton

Tomlinson Wages Whitaker

Wright Yawn

By unanimous consent, 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 Messrs. Marion Ennis and J. H. Ennis of Baldwin-

House Bill No. 625. A bill to be entitled an Act to enlarge the powers of the Board of Trustees of Georgia Military College; and for other purposes.

The report 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.

Mr. Jones of Brantley requested that the Journal show that he voted against the passage of the hill.

By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton-

House Bill No. 472.

A BILL

To be entitled an Act to amend Article XI, Section III, of the Constitution of the State of Georgia by adding after Paragraph I thereof a new paragraph to be known as Paragraph II of Section III, of Article VI of said Constitution so as to provide that the General Assembly shall be given authority to provide that in the County of Fulton a chief clerk, or chief assistant, or chief deputy may be appointed by the Ordinary, Sheriff, Clerk Superior Court, Tax Receiver, Tax Collector, or Tax Commissioner, and County Treasurer as the case may be; further that the General Assembly may provide that in the case of a vacancy in the office of Ordinary, Sheriff, Clerk Superior Court, Tax Receiver, Tax Collector, or Tax Commissioner, and County Treasurer, and that the person so appointed as chief clerk, chief assistant, or chief deputy may fill the unexpired term of the officer making the appointment; 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 the Constitution of the State of Georgia is hereby amended as follows, to-wit: By adding a new paragraph to Section III, of Article XI of said Constitution, said new paragraph to follow Paragraph I and to be known as Paragraph II and to be in the following words and symbols, to-wit:

1262

JOURNAL OF THE HOUSE,

"Paragraph II. The General Assembly may provide, however, that the Ordinary, Sheriff, Clerk Superior Court, Tax Receiver, Tax Collector (or Tax Commissioner as the case may be) and County Treasurer, any one or all of them, serving in Fulton County, shall be required to appoint a chief clerk, chief assistant or chief deputy, from among such officer's assistants; the appointment to be made by the person occupying such respective office and to be for such term as the person making the appointment may designate, the term in no event to extend beyond the term of the person making the appointment; and the General Assembly may provide, further, that in said County of Fulton in the event a vacancy occurs in any of the offices here named, that such designated chief clerk, chief assistant or chief deputy may fill out the unexpired term of the person making the appointment, upon qualifying for such office as provided by law."

SECTION 2.
Be it further enacted by the authority aforesaid, That whenever the above proposed amendment to the Constitution shall have been agreed to by 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 yeas and nays taken thereon, the Governor shall be and he is hereby authorized and instructed to cause such amendment to be published in one or more newspapers in each Congressional District of this State, for two months next preceding the time of holding the next general election.
SECTION 3.
Be it further enacted by the authority aforesaid, That the above proposed amendment shall be submitted for ratification or rejection to the electors of this State at the next general election to be held after the publication as provided for in the second section of this Act, in the several election districts of this State, at which election every person shall be qualified to vote who is qualified to vote for members of the General Assembly. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words:
"FOR RATIFICATION of amendment to Article XI, Section III, of the Constitution of Georgia by adding a new paragraph, authorizing the legislature to enact laws providing that in Fulton County, a chief clerk, or assistant or deputy may be appointed and in case of a vacancy in the office of the Ordinary, Sheriff, Clerk Superior Court, Tax Receiver, Tax Collector, or Tax Commissioner, or County Treasurer of said County, fill out the unexpired term of such officer."
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 XI, Section III, of the Constitution of Georgia by adding a new paragraph, authorizing the legislature to enact laws providing that in Fulton County, a chief clerk, or assistant or deputy may be appointed and in case of a vacancy in the office of the Ordinary, Sheriff,

FRIDAY, MARCH 10, 1939

1263

Clerk Superior Court, Tax Receiver, Tax Collector, or Tax Commissioner, or County Treasurer of said County, fill out the unexpired term of such officer."

If the people ratify such amendment by a majority of the electors qualified to vote for members of the General Assembly voting thereon such amendment shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and to certify the result to the Governor, who shall, if such amendment be ratified make proclamation thereof.

SECTION 4.

Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed.

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

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

Those voting in the affirmative were Messrs.:

Aiken Allison of Gwinnett Almand Barlow Barrett Beck Bell Bennett of Clarke Bennett of Ware Blease Bloodworth Boyd of Greene Branch Bray Brooks of Jackson Brooks of Oglethorpe Bruce Bynum Candler Carmichael of Butts Carmichael of Cobb Carrington Carter Chappell Cheney Clark

Clary Claxton Clements of Calhoun Clements of Marion Clements of Wheeler Cobb Conner Cook Culpepper of Fayette Dallis Daughtry Davis of Coweta Dean DeFoor Dickerson Dockery Drinkard Edwards of LGwndes Elliott Ennis, J. H. Ennis, Marion Etheridge of Baker Etheridge of Fulton Ferguson of Camden Ferguson of Sumter Ford

Forrester of Crisp Forrester of Dade Foster Fowler of Treutlen Franklin of Bulloch Franklin of Polk Gaines Gavin Gill Goddard Gowen Graham Greene Grice Griffin Gross of Washington Harden Harrison of Crawford Harrison of Jenkins Hatchett Hayes Henderson Hinson Holtzendorff Howard Jackson

1264

JOURNAL OF THE HOUSE,

Joel Jones of Brantley Jones of Paulding Jones of Richmond Kennedy Key Kimbrough King Lanham Looper Lovett Mankin Mason Maxwell McBride McCracken McDaniel McGraw McNall Merritt

Middleton Moore of Lumpkin Moore of Taliaferro Morgan Pannell Parham Parker Pharr Pilcher Purdy Rawlins Reid Rogers Rossee Roughton Sabados Sams Sanders Sapp Sartain

Scott Stiles Strickland of Haralson Strickland of Pierce Tate Thigpen of Evans Thigpen of Glascock Trippe Turner Vickery Warren Wells Whipple Whitaker Wiggins Williams of Bacon Williams of Ware Wohlwender Wright Yeomans

Those not voting were 1.\Jessrs.:

Allen Allison of White Ansley Atkinson Binion Blackshear Boyd of Cook Bush Campbell Connell Coogler Corbett Culpepper of Mitchell Curry Davidson Davis of Floyd Douglass Drake Easley Edwards of Taylor English Etheridge of Houston

Evans of Laurens Evans of McDuffie Flanders Fowler of Douglas Goolsby Grant Grayson Gross of Stephens Guyton Hardman Harvey Herndon Hill Johnson Kaigler Kelley Kendrick Lanier Lewis Marshall Miller Mills

Mosely Moss Pierce Preston Ragan Rees Rountree Saunders Simmons Smiley Smith of Henry Smith of Schley Summerour Sumner Swindle Terrell Thornton Tippins Tipton Tomlinson Wages Yawn

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

On the passage of the bill, the ayes were 138, the nays 0.

FRIDAY, MARCH 10, 1939

1265

The bill having received the requisite two-thirds constitutional majority was passed.
By Messrs. Moore of Lumpkin, Bennett of Ware, Yawn of Dodge, Brooks and Wages of Jackson-
House Bill No. 397. A bill to be entitled an Act to repeal Section 67-803 of the Code of Georgia of 1933, so as to provide for the giving of bond; and for other purposes.
Mr. Ferguson of Sumter moved that the House adjourn until Monday at 10:00 o'clock, and the motion was lost.
Mr. Bennett of Ware moved that House Bill No. 397, be postponed until Monday, and the motion prevailed.
By Messrs. Swindle of Berrien and Claxton of JohnsonHouse Bill No. 690. A bill to be entitled an Act to authorize the State High-
way Department to expend State-Aid Road funds upon any rural or post roads of the State not on the State Highway Road System; and for other purposes.
Mr. Claxton of Johnson moved that the bill be postponed until Monday, and the motion prevailed.
Mr. Connor of Dooly moved that the House do now adjourn until Monday at 10 :00 o'clock, and the motion prevailed.
The following resolution of the House was read and adopted:
By Messrs. Fowler of Treutlen, Lovett of Laurens, Thigpen of Evans, Claxton of Johnson, Bennett and Williams of Ware, Atkinson of Chatham, Bloodworth of Bibb and J. H. Ennis of Baldwin-
House Resolution No. 189.
A RESOLUTION
Whereas, the Commodity Credit Corporation now owns and controls large quantities of gum spirits turpentine, and
Whereas, these products can be used advantageously m the thinning of paint, etc., and
Whereas, the U. S. Navy is now undertaking an expansion Naval Program and will have the need for large quantities of paint thinners, and
Whereas, because of the large. quantities of gum spirit turpentine now being held and controlled by the Commodity Credit Corporation the price of these commodities are below cost of production, and there is no chance for a rise in prices until and unless this surplus is disposed of in some manner.
Now, therefore, be it resolved by the House of Representatives, the Senate concurring that we urge the Honorable Carl Vinson, chairman of the Congressional

1266

JOURNAL OF THE HOUSE,

Committee on Naval Affairs, to use every effort to have the Navy Department to specify the use of gum spirit turpentine as a paint thinner in its expansion and regular program.
Be it further resolved that we request the Governor of Georgia to urge the Honorable Carl Vinson to use his best efforts in that direction.
Be it further resolved that a copy of the resolution to be sent to the Honorable Carl Vinson by the Clerk of the House.
By unanimous consent, the following bills of the Senate were read the first time and referred to the Committees:
By Senator Millican of the 52d District-
Senate Bill No. 113. A bill to be entitled an Act to amend Code Section 40-1608 of the Code of 1933 with reference to Assistant Attorney Generals; and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Senators Brown of the 4th, Dawson of the 2nd and Warnell of the 1st Districts-
Senate Bill No. 136. A bill to be entitled an Act to amend the Constitution authorizing the continuance of The Coastal Highway District as a political subdivision; and for other purposes.
Referred to Committee on Amendments to Constitution No. 1.
By Senators Brown of the 4th, Dawson of the 2d and Warnell of the 1st Districts-
Senate Bill No. 138. A bill to be entitled an Act to prescribe the rights, duties and responsibilities in connection with the continuance of The Coastal Highway District; and for other purposes.
Referred to Committee on Amendments to Constitution No. 1.
By Senator Durden of the lOth District-
Senate Bill No. 193. A bill to be entitled an Act to provide for the appointment of County Planning Councils; and_ for other purposes.
Referred to Committee on Counties and County Matters.
By Senator Dawson of the 2d District-
Senate Bill No. 196. A bill to be entitled an Act to repeal "An Act to abolish the office of Tax Collector of Liberty County, etc."; and for other purposes.
Referred to Committee on Counties and County Matters.
By Senator Abbott of the 18th DistrictSenate Bill No. 209. A bill to be entitled an Act to amend the charter of the
City of Augusta; and for other purposes.

FRIDAY, MARCH 10, 1939

1267

Referred to Committee on Municipal Government.

By Senator Groover of the 37th District-
Senate Bill No. 216. A bill to be entitled an Act to amend an Act to consolidate the offices and duties of Tax Receiver and Tax Collector of Troup County; and for other purposes.

Referred to Committee on Counties and County Matters.

By unanimous consent, the following Committee reports were read:

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 recommendations:

House Resolution No. 181-787 B. Do pass. Resl?ectfully submitted,

Key of Jasper, Chairman.

Mr. Scott of Thomas, 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. 793. Do pass.

House Bill No. 796.

Do pass. Respectfully submitted, Scott of Thomas, Chairman.

Mr. Kennedy of Tattnall County, Chairman of the Committee on State Prison Farms, submitted the following report:

Mr. Speaker:
Your Committee on State Prison Farms 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. 186.

Do pass. Respectfully submitted, Kennedy of Tattnall, Chairman.

1268

JOURNAL OF THE HOUSE,

Mr. Lanham of Floyd 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. 621. Do pass.
Respectfully submitted,
Lanham of Floyd, Chairman.

Mr. Clements of Wheeler County, Chairman of the Committee on Western and Atlantic Railroad, submitted the following report:
Mr. Speaker:
Your Committee on Western and Atlantic Railroad 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. 570. Do not pass.
Respectfully submitted,
Clements of Wheeler, Chairman.
By unanimous consent, the following bills and resolution of the House and Senate, favorably reported, were read the second time:
By Messrs. Carmichael of Cobb, Culpepper of Fayette, Lanier of Richmond and Rees of Webster-
House Bill No. 621. A bill to be entitled an Act to establish a Department of Purchases for the State, to provide for a Supervisor of Purchasers; and for other purposes.
By Mr. Kennedy of Tattnall-
House Bill No. 793. A bill to be entitled an Act amending an Act creating a Board of Commissioners of Roads and Revenues for the County of Tattnall by providing for five members instead of four, and naming the chairman; and for other purposes.
By Mr. Moore of Lumpkin-
House Bill No. 796. A bill to be entitled an Act amending an Act reincorporating the City of Dahlonega, by authorizing the Mayor and Council of Dahlonega to assess and levy street and sidewalk paving assessments against abutting property owners; and for other purposes.

FRIDAY, MARCH 10, 1939

>1269

By Mr. Key of Jasper-
House Resolution No. 181-787 B. A resolution authorizing payment of expenses to sub-committees of appropriation committee; and for other purposes.
By Senator Boykin of the 29th District-
Senate Bill No. 186. A bill to be entitled an Act to repeal Section 77-509 of the 1933 Code providing for the appointment of members of the Prison and Parole Commission; and for other purposes.
Leaves of absence were granted to Messrs. Whitaker of Appling, Lanier of Richmond and Ragan of Pulaski.
The Speaker Pro-Tem announced the House adjourned until Monday at 10:00 o'clock.

1270

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Ga.,
Monday, March 13th, 1939.
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. Gross of Stephens, 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 period of unanimous consents:
1. Introduction of bills and resolutions, under the Rules of the House.
2. Report of Standing Committees.
3. Second reading of bills and resolutions, favorably reported.
4. Third reading and passage of local uncontested bills and resolutions of the House and Senate.
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. Mason of Morgan, Whipple of Bleckley, Lanham and Davis of Floyd, Harrison of Jenkins, Elliott of Muscogee, Pannell of Murray, Greene of Jones, Claxton of Johnson, Sartain of Walker, Gaines of Franklin, Daughtry of Wilkinson, Thigpen of Evans, Beck of Carroll, Trippe of Polk, Allison of Gwinnett, Evans of Laurens, Moore of Lumpkin, Holtzendorff of Ben Hill, Kendrick of Fulton, Almand of Walton, Stiles of Fannin, Culpepper of Fayette, Lovett of Laurens, Maxwell of Muscogee, and Davis of Coweta-
House Bill No. 812. A bill to be entitled an Act to create an Advisory Council to be known as the Georgia Advisory Council; to provide for the appointment of the members thereof; their salaries, duties and powers; and for other purposes.
Referred to Committee on Appropriations.
By Mrs. Mankin and Messrs. Kendrick and Etheridge of FultonHouse Bill No. 813. A bill to be entitled an Act to create a commtsston to
study local government in the City of Atlanta; and for other purposes.
Referred to Committee on Municipal Government.

MONDAY, MARCH 13, 1939

127!

By Mr. Gross of Stephens-
House Bill No. 814. A bill to be entitled an Act appropriating $20,000.00 for the purpose of building a National Guard Camp near Toccoa; and for other purposes.
Referred to Committee on Appropriations.
By Mr. Atkinson of Chatham-
House Bill No. 815. A bill to be entitled an Act to amend the several Acts relating to and incorporating the Town of Thunderbolt, Chatham County, Georgia; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Campbell of Newton-
House Bill No. 816. A bill to be entitled an Act to amend Section 3 (2) of the Act creating the City of Avondale Estates, which said Section relates to the powers of the City Court; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Campbell of Newton-
House Bill No. 817. A bill to be entitled an Act to amend Section 27-2905 of the Code of 1933 by providing the manner of payment of costs in insolvent cases; and for other purposes.
Referred to Committee on Uniform State Laws.
By Mr. Campbell of Newton-
House Bill No. 818. A bill to be entitled an Act to amend Section 49-813, Code of 1933, so as to provide and facilitate proper commitment of persons to United States Veteran Hospitals; and for other purposes.
Referred to Committee on Uniform State Laws.
By Mr. Campbell of Newton-
House Bill No. 819. A bill to be entitled an Act to amend Section 49-803, Code of 1933, so as to facilitate the appointment of guardians for persons entitled to payments by the Veterans' Administration; and for other purposes.
Referred to Committee on Uniform State Laws.
By Messrs. Scott of Thomas, Corbett of Atkinson, Fowler of Treutlen, Etheridge of Houston, Moore of Taliaferro, Chappell of Sumter, McCracken of Jefferson, Branch of Tift, Whitaker of Appling, Claxton of Johnson, Swindle of Berrien, Flanders of Emanuel, and Gross of Washington-
House Resolution No. 190-815A. A resolution proposing to the qualified voters

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JOURNAL OF THE HOUSE,

an amendment to Paragraph 1, Section 7, Article 3, of the Constitution by providing the officers and employees of the two houses of the Legislature shall be limited to the president of the Senate, Speaker of the House, Secretary of the Senate, Clerk of the House, a messenger and doorkeeper for each house; and for other purposes.
Referred to Committee on Amendments to Constitution No. 2.
By Messrs. Scott of Thomas, Corbett of Atkinson, Fowler of Treutlen, Etheridge of Houston, Moore of Taliaferro, Chappell of Sumter, Branch of Tift, Whitaker of Appling, Claxton of Johnson and McCracken of Jefferson, Swindle of Berrien, Flanders of Emanuel, and Gross of Washington--
House Resolution No. 191-815B. A resolution proposing to the qualified voters an amendment to Paragraph 1, Section 9, Article 3, of the Constitution so as to reduce the mileage allowed to members of the General Assembly; and for other purposes.
Referred to Committee on Amendments to Constitution No. 2.
By Messrs. Scott of Thomas, Corbett of Atkinson, Fowler of Treutlen, Etheridge of Houston, Moore of Taliaferro, Chappell of Sumter, Branch of Tift, Whitaker of Appling, Claxton of Johnson, McCracken of Jefferson, Swindle of Berrien, Flanders of Emanuel, and Gross of Washington-
House Resolution No. 192-815C. A resolution proposing to the qualified voters an amendment to Paragraph 1, Section 9, Article 3, of the Constitution so as to fix the per diem of the members of the General Assembly; and for other purposes.
Referred to Committee on Amendments to Constitution 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 Nos. 86, 219, 232, 266, 301, 328, 427, 471, 472, 494, 625, 635, 647, 669, 673, 756, 758, 764, 773, 775, 780, 781, 782, 784, 785, 750.
House Resolution No. 189.
Respectfully submitted,
Sartain of Walker, Chairman.
Mr. McGraw of Meriwether County, Chairman of the Committee on General Judiciary No. 2, submitted the following report: Mr. Speaker:
Your Committee on General Judiciary No. 2 has had under consideration the

MONDAY, MARCH 13, 1939

1273

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. 181. 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 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. 109. Do pass.
Senate Bill No. 160. Do pass, as amended. Respectfully submitted,
Almand of Walton, Chairman.
Mr. J. H. Ennis of Baldwin 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 hills 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. 759. Do pass. House Bill No. 760. Do pass. House Bill No. 700. Do pass. House Bill No. 761. Do pass. House Resolution No. 123-462B. Do pass.
Respectfully submitted,
J. H. Ennis of Baldwin, Chairman.
By unanimous consent, the following bills and resolution of the House and Senate, favorably reported, were read the second time:
By Mr. Harrison of Jenkins-
House Bill No. 700. A bill to be entitled an Act to appropriate to the Department of Natural Resources for the use of the Division of State Parks, Historic

1274

JOURNAL OF THE HOUSE,

Sites and Monuments, $50,000.00 per annum for each of the two fiscal years 19391940 and 1940-1941; and for other purposes.
By Mr. Allison of Gwinnett-
House Bill No. 759. A bill to be entitled an Act to appropriate certain sums of money for certain times to the State Veterinarian for the purpose of making indemnity payments to the owners of cattle reacting to the blood agglutination test for Bang's disease in Georgia; and for other purposes.
By Messrs. Marion Ennis and J. H. Ennis of Baldwin, Lanham and Davis oi
Floyd-
House Bill No. 760. A bill to be entitled an Act to appropriate $483,991.08 to the State Department of Public Welfare for certain uses; and for other purposes.
By Mr. Key of Jasper-
House Bill No. 761. A bill to be entitled an Act to appropriate money for the maintenance of the Legislative Department; and for other purposes.
By Mr. Goolsby of Monroe-
House Resolution No. 123-462B. A resolution providing for compensation for Oscar M. Williamson, Monroe County, for destruction of his property by property owned by the Georgia Emergency Relief Administration; and for other purposes.
By Senator Millican of the 52nd District-
Senate Bill No. 109. A bill to be entitled an Act to amend Section 201, Chapter 77, Title 77, Georgia Code of 1933, so as to provide that any county may establish and maintain quarters or other places of confinement for misdemeanor convicts; and for other purposes.
By Senators Howe of the 38th, Millican of the 52nd, Harrell of the 7th, Lindsay of the 34th, and Groover of the 37th Districts-
Senate Bill No. 160. A bill to be entitled an Act repealing the Act creating the State Penal Administration Board, and creating the Board of Penal Corrections, to provide the number of members to compose said Board; and for other purposes.
By Senator Groover of the 37th District-
Senate Bill No. 181. A bill to be entitled an Act amending an Act approved February 28, 1939, which amended Section 53-208 of the Code of 1933, by striking the last sentence of Section 1 of said Act and substituting in lieu thereof a new sentence so as to provide that from the recovery court costs and attorney's fees be first pair, and one-third of the remainder ~-hall be paid to the person bringing the suit; and for other purposes.
By unanimous consent, the following bills were read the third time and placed upon their passage:

MONDAY, MARCH 13, 1939

1275

By Mr. Etheridge of Fulton-
House Bill No. 654. A bill to be entitled an Act to amend the Charter of the City of Atlanta so as to provide for a Department of Public Safety; and for other purposes.
The report 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. Kennedy of Tattnall-
House Bill No. 793. A bill to be entitled an Act to amend the Act creating the Board of Commissioners of Roads and Revenues of Tattnall County by providing for five members; and for other purposes.
The report 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. Rawlins of Telfair-
Hause Bill No. 795. A bill to be entitled an Act to create and incorporate the City of Jacksonville in the County of Telfair; and for other purposes.
The report 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. Moore of Lumpkin-
House Bill No. 796. A bill to be entitled an Act to amend the Charter of the City of Dahlonega so as to provide for paving of streets; and for other purposes.
The report 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.
The following resolutions of the House were read and adopted:
By Mr. Aiken of Bulloch-
House Resolution No. 193.

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JOURNAL OF THE HOUSE,

A RESOLUTION
Whereas, the Hon. 0. J. Coogler, Jr., a member of this body, has been ill for several days with a malady commonly called "mumps";
Be it resolved by the House that we express to him and his family our sincere wish for a speedy recovery and for no serious after-effects from his illness.
By Messrs. Fowler of Douglas, Key of Jasper and Edwards of Lowndes-
House Resolution No. 194.
A RESOLUTION Whereas, smce the finances of the State Government are m such a chaotic condition it has been necessary that the members of this House of Representatives call on Hon. Zach Arnold the State Auditor and his staff for an unusual amount of financial data, and
Whereas, whenever requested, the data has been furnished cheerfully, willingly and promptly, and
Whereas, during heated debate and otherwise, on the floor of this House, there has not been the slightest insinuation that the State Auditor and his staff was not furnishing to this body absolutely unbiased and accurate information on the affairs of the State, be it therefore
Resolved, that this the House of Representatives, as a body, express its commention and appreciation to the State Auditor and his staff for the services rendered this body and the people of the State and for the business like conduct of the affairs of the Department of Audits, and be it further
Resolved, that the clerk of the House be instructed to transmit to the State Auditor and his staff a duly certified copy of this resolution.
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 Messrs. Lanier, Harris and Jones of Richmond, Kendrick of Fulton, and MeNall of Chatham-
House Bill No. 49. A bill to amend an Act known as the "Unemployment Compensation Law" by making necessary provisions for correlating the operation of said law with the operation of the Railroad Unemployment Insurance Act; and for other purposes.
The following resolution of the House was read:
By Messrs. Parker and Barlow of Colquitt, and Forrester of Crisp-

MONDAY, MARCH 13, 1939

1277

House Resolution No. 195. A resolution urging Honorable Harold F. Ickes, Secretary of the Interior of the United States, to disapprove the Architect's fees on the State Hospital Authority contract, and to examine all expenditures; and for other purposes.
Mr. Grayson of Chatham moved that the resolution be tabled.
On the motion to table, Mr. Tippins of Wilcox 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.:

Aiken Allison of Gwinnett Almand Atkinson Bennett of Clarke Bennett of Ware Boyd of Greene Branch Bray Carmichael of Cobb Chappell Claxton Clements of Calhoun Conner Cook Corbett Daughtry Davidson Davis of Floyd Dean Dickerson Dockery Drake Ennis, Marion Etheridge of Fulton Etheridge of Houston Evans of Laurens Ferguson of Sumter Fowler of Douglas Franklin of Bulloch

Gavin Gill Goddard Gowen Grant Grayson Greene Grice Griffin Gross of Stephens Gross of Washington Harrison of Crawford Harrison of Jenkins Harvey Hatchett Hayes Henderson Herndon Holtzendorff Howard Jackson Johnson Jones of Richmond Kaigler Kelley Kendrick Key King Lanham Lewis

Those voting in the negative were Messrs.:

Allen Allison of White Barlow

Barrett Beck Binion

Mankin Marshall Mason McCracken McDaniel McGraw McNall Moore of Lumpkin Moore of Taliaferro Pharr Pierce Preston Purdy Rawlins Rossee Rountree Sapp Saunders Scott Smiley Smith of Henry Tate Terrell Warren Whitaker Wiggins Williams of Ware Wright Yawn Yeomans
Blease Bloodworth Bruce

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JOURNAL OF THE HOUSE,

Bush

Campbell

Candler

Carmichael of Butts

Clary

Clements of Marion

Clements of Wheeler

Culpepper of Fayette

Davis of Coweta

DeFoor

Drinkard

Edwards of Lowndes

Edwards of Taylor

Elliott

English

.

Etheridge of Baker

Evans of McDuffie

Ferguson of Camden

Ford

Forrester of Crisp

Forrester of Dade

Foster

Franklin of Polk Graham Guyton Harden Hill Hinson
Joel Jones of Brantley Kennedy Kimbrough Looper Lovett Maxwell McBride Merritt Middleton Mills Morgan Mosely Pannell Parham Parker

Pilcher Reid Roughton Sams Sanders Smith of Schley Stiles Strickland of Haralson Strickland of Pierce Sumner Swindle Thigpen of Evans Thornton Tippins Tipton Tomlinson Vickery Wages Wells Wohlwender

Those not voting were Messrs.:

Ansley Bell Blackshear Boyd of Cook Brooks of Jackson Brooks of Oglethorpe Bynum Carrington Carter Cheney Clark Cobb Connell Coogler

Culpepper of Mitchell Curry Dallis Davis of Coweta Douglass Easley Ennis, J. H. Flanders Fowler of Treutlen Gaines Goolsby Hardman Jones of Paulding Lanier

Miller Moss Ragan Rees Rogers Sabados Sartain Simmons Summerour Thigpen of Glascock Trippe Turner Whipple Williams of Bacon

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

On the motion to table, the ayes were 86, the nays 73.

The resolution was tabled.
By unanimous consent, the following bills of the House were withdrawn from further consideration: By Messrs. Parker and Barlow of Colquitt-

MONDAY, MARCH 13, 1939

1279

House Bill No. 503. A bill to be entitled an Act to repeal an Act known as an Act to create the State Hospital Authority; and for other purposes.
By Messrs. Forrester of Crisp, Jones of Brantley, Lovett of Laurens and DeFoor of Mcintosh-
House Bill No. 504. A bill to be entitled an Act to amend the State Hospital Authority Act by prescribing maximum fees to be allowed for drawing plans, specifications, engineering work and architectural supervision of buildings erected by the said Hospital Authority; and for other purposes.
Under the continuing 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. Moore of Lumpkin-
House Resolution No. l05-394B.
A RESOLUTION
Proposing to the qualified voters of the State of Georgia for ratification or rejection, an amendment to Article 7, Section 1, Paragraph 1, of the Constitution of Georgia providing how and for what purposes taxation may be exercised by adding to the said Article, Section and Paragraph a provision that no widow of a Confederate soldier shall be deprived of her pension by reason of having married subsequent to the death of her Confederate soldier husband.
Be it resolved by the General Assembly of Georgia:
Section l. That Article 7, Section 1, Paragraph 1, of the Constitution of Georgia in reference to the purposes for which taxation may be exercised be and the same is hereby amended by adding at the end of said Paragraph 1 of Section 1 of Article 7 of the Constitution the following language: "No widow of a Confederate soldier shall be deprived of her pension by reason of having married again subsequent to the death of her Confederate soldier husband, provided she is now a widow."
Section 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 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 1, Paragraph 1, of the Constitution of Georgia providing that no widow of a Confederate soldier shall be deprived of her pension by reason of having married again subsequent to the death of her Confederate soldier husband, provided she is now a widow." The voters voting against the ratification of the amendment shall have written or printed upon their ballots, "Against ratification of the amendment to Article 7, Section 1, Paragraph 1, of the Constitution of Georgia, providing that no widow of a Confederate soldier shall be deprived of her pension by reason of having married again subsequent to the death of her Confed-

1280

JOURNAL OF THE HOUSE,

erate soldier husband, provided she is now a widow." 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.

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

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

Those voting in the affirmative were Messrs.:

Allen Allison of Gwinnett Allison of White Almand Atkinson Barlow Bell Bennett of Clarke Bennett of Ware Bloodworth Boyd of Greene Branch Bray Bruce Bush Carmichael of Butts Carmichael of Cobb Carrington Clary Claxton Clements of Wheeler Conner Cook Corbett Culpepper of Fayette Daughtry Davis of Floyd Dean Dickerson Douglass Drinkard Ennis, J. H. Ennis, Marion Etheridge of Baker Etheridge of Fulton

Etheridge of Houston Evans of Laurens Evans of McDuffie Flanders Ford Forrester of Crisp Forrester of Dade Foster Goddard Graham Grant Grayson Grice Griffin Gross of Stephens Gross of Washington Guyton Harden Harvey Henderson Herndon Holtzendorff Howard Jackson Joel Johnson Jones of Richmond Kaigler Kendrick Kennedy Key Looper Lovett Mankin Marshall

McBride McNall Merritt Middleton Mills Moore of Lumpkin Moore of Taliaferro Parham Pierce Pilcher Preston Purdy Rawlins Rees Reid Rossee Roughton Rountree Sams Sanders Sapp Sartain Scott Smiley Strickland of Haralson Sumner Swindle Tate Thornton Tipton Tomlinson Turner Wages Warren Whitaker

MONDAY, MARCH 13, 1939

1281

Wiggins Williams of Ware

Yawn

Yeomans

Those voting in the negative were Messrs.:

Aiken Barrett Binion Clements of Calhoun Clements of Marion Curry Davis of Coweta DeFoor Drake Elliott Ferguson of Camden Franklin of Bulloch Franklin of Polk

Gavin Gill Greene Harrison of Crawford Harrison of Jenkins Hatchett Hinson Jones of Brantley Kelley Kimbrough King Lanham Maxwell

McCracken Moseley Pannell Rogers Saunders Smith of Henry Smith of Schley Stiles Thigpen of Evans Wells Wohlwender

Those not voting were Messrs.:

Ansley Beck Blackshear Blease Boyd of Cook Brooks of Jackson Brooks of Oglethorpe Bynum Campbell Candler Carter Chappell Cheney Clark Cobb Connell Coogler Culpepper of Mitchell Dallis Davidson

Dockery Easley Edwards of Lowndes Edwards of Taylor English Ferguson of Sumter Fowler of Douglas Fowler of Treutlen Gaines Goolsby Gowen Hardman Hayes Hill Jones of Paulding Lanier Lewis Mason McDaniel McGraw

Miller Morgan Moss Parker Pharr Ragan Sabados Simmons Strickland of Pierce Summerour Terrell Thigpen of Glascock Tippins Trippe Vickery Whipple Williams of Bacon Wright

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

On the adoption of the resolution, the ayes were 109, the nays 37.

The resolution having failed to receive the requisite two-thirds constitutional majority, was lost.

Mr. Moore of Lumpkin gave notice that at the proper time he would move that the House reconsider its action in failing to adopt the resolution,

1282

JOURNAL OF THE HOUSE,

The following resolution of the House was read and adopted:
By Mr. Carrington of Barrow-
House Resolution No. 196.
A RESOLUTION
Whereas, there are many schools in Georgia that have closed their doors and many more that will be forced to close within the next few days unless sufficient funds can be provided, and
Whereas, there are many thousands of High School pupils in the State of Georgia who would finish high School at the close of this term, with the expectation of entering College, and
Whereas, the time and expense both to the parent and the pupil will be a great loss and will mean a year's delay on the part of a great number of young men and women wishing to enter College,
Therefore, be it resolved, that Supt. Collins confer with his department heads and the various school Superintendents of the schools affected and make every effort to finish students whose work proves they would have graduated with credit to themselves and their school,
Be it further resolved, that this body go on record as expressing our concern for the children and teachers of Georgia and yet bend our every effort to keep these schools open.
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 Brinson of the 42nd, Palmour of the 33rd and Howe of the 38th Districts-
Senate Bill No. 89. A bill creating the office of Judge Emeritus and providing for the appointment of judges of the Court of Appeals thereto; and for other purposes.
By Senator Millican of the 52nd District-
Senate Bill No. 172. A bill to aid the Western & Atlantic Railroad by the creation of a commission authorized to contract in the name of the State for the construction, occupancy, use and maintenance of income producing buildings, etc.; and for other purposes.
By Senator Twiggs of the 40th District-

MONDAY, MARCH 13, 1939

1283

Senate Bill No. 185. A bill to amend the "Equalizing Educational Opportunities Act" approved February 10, 1937; and for other purposes.
By Senator Twiggs of the 40th District-
Senate Bill No. 187. A bill to adopt an official Coat of Arms and official flag for the State of Georgia; and for other purposes.
By Senator Spivey of the 16th District, and others-
Senate Bill No. 206. A bill to authorize and provide the effect of docketing, indexing and recording of certified copies of petitions commencing proceedings under the Bankruptcy Act of the United States; and for other purposes.
By Senator Millican of the 52nd District-
Senate Bill No. 214. A bill providing for examination of master and journeyman plumbers and steam fitters carrying on said vocations in counties having a population of 150,000 or more by the United States census of 1930 or future census; 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 Mr. Beck of Carroll-
House Bill No. 688. A bill to amend the Charter of the Town of Bowdon so as to provide for the closing of the Registration Books of said town 60 days prior to an election; and for other purposes.
By Mr. Key of Jasper-
House Resolution No. 176. A resolution favoring the passage of the "Federal Aid to Education Act of 1939"; 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 Messrs. Parker and Barlow of Colquitt and Carmichael of Cobb-
House Bill No. 136. A bill amending Section 42-102 of the Code of Georgia of 1933 relating to the appointment, etc., of the Chief Drug Inspector; and for other purposes.

1284

JOURNAL OF THE HOUSE,

Under the continuing order of business, the following bill of the House was taken up for consideration and read the third time:
By Messrs. Carmichael of Cobb, Culpepper of Fayette, Lanier of Richmond and Rees of Webster-
House Bill No. 621. A bill to be entitled an Act to establish a Department of Purchases for the State, to provide for a Supervisor of Purchases, to provide for purchases for all State Departments and Institutions; and for other purposes.
The House was resolved into the Committee of the Whole House to consider House Bill No. 621, creating a Department of Purchases, with instructions to dispense with the reading of the bill in the Committee, and the Speaker designated Mr. Bennett of Ware, as the Chairman thereof.
The Committee of the Whole House arose, and through its Chairman reported progress and asked leave to sit again.
Mr. Corbett of Atkinson 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 House was again resolved into the Committee of the Whole lJouse, to consider House Bill No. 621, creating a Department of Purchases, with Mr. Bennett of Ware 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 same do pass, as amended.
The main question was ordered.
The following Committee amendments to House Bill No. 621, were adopted in House.
Messrs. Gross of Stephens, Etheridge of Fulton and Carmichael of Cobb moved to amend House Bill No. 621, as follows:
1. By adding thereto four new sections to be appropriately numbered, as follows:
Section 1. That from and after the passage of this Act, it shall be unlawful for any employee or official of the State of Georgia to purchase, directly or indirectly, through the Supervisor of Purchases, or through any Agency, Department, Board or Bureau of the State, any article, material, merchandise, ware, commodity or other thing of value for the personal or individual ownership of himself or other person or persons. All articles, materials, merchandise, wares, commodities or other things of value purchased, directly or indirectly, by or through the Supervisor of Purchases or by or through any Agency, Department, Board or Bureau of the State shall be and remain the property of the State of Georgia until sold or disposed of

MONDAY, MARCH 13, 1939

1283

by the State in accordance with the laws governing the disposition or sale of other State property.
Section a. It shall be unlawful for any person to knowingly sell or deliver any article, material, merchandise, ware, commodity, or other thing of value to any person, directly or indirectly, by or through the Supervisor of Purchases or by or through any Department, Agency, Board or Bureau of the State for the individual and personal ownership of such person or other person or persons, except that property of the State may be sold or otherwise disposed of in accordance with the laws governing the sale or other disposition of State property.
Section b. That within the meaning of this Act the word "person" shall include natural persons, firms, partnerships, corporations or associations.
Section c. Any violation of the provisions of this Section or any of its subdivisions shall be deemed a misdemeanor and punishable as such.
And moves to amend the caption of said bill accordingly.
Mr. Carmichael of Cobb County offers an amendment to House Bill No. 621, by adding to Section 3 thereof the following:
"Section 6(a). On all bids received or solicited by the Supervisor of Purchases or by any Department, Agency, Board or Bureau of the State or by any person in behalf of any Department, Agency, Board or Bureau of the State (except in the cases provided for in Section 8 of this Act) the following form letter, proposal and affidavit shall be used:

Gentlemen:

LETTER

Sealed bids will be received by the State of Georgia at............................................

Atlanta, Georgia, until

(date)

for furnishing the following mate-

rials to the

(Department, Board, Agency, etc.)

of the State of

Georgia, f.o.b..........................................................................., Georgia:

Approximately

All material to meet

(Department, Board, Agency, etc.)

1286

JOURNAL OF THE HOUSE,

specification dated ----------------------------------------Quantities are approximate only and may be increased or decreased, as the

(Dept., Board, etc.)

sees fit.

Right is reserved to reject any or all bids.

There is also attached an affidavit which must be executed by each bidder and returned with the enclosed proposal.

Please mark envelope 'Sealed bid to be opened ---------------------------------------------------' Yours very truly, State of Georgia

By------------------------------------------------------

PROPOSAL
Date Proposal of for furnishing the following -------------------------------------------------.-----------------------------------------------
(material or equipment)

to be delivered at ---------------------------------------------------------------------------------------------------- Georgia, f.o.b. To
(Department, Board, Agency, etc.) Sirs: The following proposal is made on behalf of --------------------------------------------------
(Names of those interested) and no others. Evidence of my authority to submit the proposal is herewith furnished. The proposal is made without collusion on the part of any person, firm or corporation.
The following is my itemized proposal: (See attached sheet for itemized proposal.)

MONDAY, MARCH 13, 1939

1287

It is understood and agreed that I have read ............................................................ (Department, Agency, Board, Bureau, etc.)
Specifications dated .............................................. and understand that this proposal is made in accordance with the provisions of said specifications, and that said specifications are made a part of this proposal as completely as if the same were attached thereto.
It is understood and agreed that this proposal is one of several competitive bids
made to the ......................................................................................................, and in con-
(Department, Board, etc.) sideration of the mutual agreements of the bidders, similar hereto, and in consideration of the sum of One Dollar cash in hand paid, receipt whereof is hereby acknowledged, the undersigned agrees that this proposal shall be an option, which
is hereby given by the undersigned to the (Department, Board, Agency, etc.)
to accept or reject this proposal at any time within thirty days from the date on which this sealed proposal is opened and read, and, in consideration of the premises, it is expressly covenanted and agreed that this proposal is not subject to withdrawal by the proposer or bidder, during the term of said option.
There is attached hereto properly executed an affidavit showing that this bidder has no interest, directly or indirectly, in any other bid or proposal for said
.................................................................. and that this bidder will not receive any com(material or equipment)
mission, directly or indirectly, on the sale of said
(material or equipment)
in the event some other person, firm or corporation should be declared low bidder
for said ................................................................................. (material or equipment)
Witness my hand and seal this the .......... day of ........................................, 19.........
Terms:........................................
Discount: ................................... .
Signature........................................ (L. S.)
Address ......................................... .

1288

JOURNAL OF THE HOUSE,

AFFIDAVIT
State of............................................
County of........................................
Before me, an officer of said State, authorized by law to administer oaths,
personally came ......................................................................, who on oath says that the attached proposal is submitted independently of any other bid or proposal, and that this bidder has no interest, directly or indirectly, in any other bid or proposal for
said ............................................................................, and that this bidder will not receive (material or equipment)
any commission or any sum whatsoever, directly or indirectly, on the sale of said
......................................................................in the event some other person, association, (material or equipment)
firm or corporation should be declared low bidder or awarded the contract or sale for said ......~.....................................................
(material or equipment)

Sworn and subscribed before me this the ................................ day of 193.........

Affiant.

(Notary Public or other officer authorized to administer oaths.)
In the event any other information not required by the above stated letter, proposal or affidavit may be desired, the same may be demanded by the Supervisor of Purchases, or by any other person soliciting the bid. Any person, firm, association or corporation who submits with reference to a proposal to seli to the State an affidavit containing a false statement therein shall be barred from the bidders list for not less than two years. It shall be unlawful for any bidder or other person to pay any commission, fee, reward or grant any gratuity or anything of value to any employee or officer of the State for services in assisting him to obtain an award of contract for materials, supplies or equipment to be furnished the State or any Department, Bureau, Board or Agency thereof."
The gentleman from Cobb County also offers an amendment to the caption of House Bill No. 621 by adding to said caption the following:

MONDAY, MARCH 13, 1939

128;

"so as to provide a proper letter, proposal and affidavit to be used in recetvmg or soliciting certain bids by the Supervisor of Purchases or by any Board, Department, Agency or Bureau of this State or by any person in behalf of any Board, Department, Agency or Bureau of this State; so as to provide for a penalty against bidders making false affidavits; to prohibit the payment of a commission, fee, gratuity or other thing of value to any employee or official of the State."
Mr. Wiggins of Dodge moves to amend section three of House Bill No. 621 by adding a new paragraph immediately at the end of said section to read as follows:
"That Boards of Education of the various Counties of this State may petition the said State Department of Purchases to purchase their supplies, such as School Buses, Bus bodies, Tires, Parts and other equipment under the rules set out in this Act."
Messrs. Sabados of Dougherty and Guyton of Effingham move to amend House Bill No. 621 by striking Section 10, in its entirety and inserting in lieu thereof the following:
Section ( 10) : "The Supervisor of Purchases may rent or lease any warehouse space necessary, for a period not to exceed five years. Provided, the supervisor of purchases may construct any warehouse, on State property only."
The report of the Committee, which was favorable to the passage of the bill, was agreed to, as amended.

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

Those voting in the affirmative were Messrs.:

Aiken Allen Allison of Gwinnett Allison of White Almand Ansley Atkinson Barlow Barrett Beck Bell Bennett of Clarke Bennett of Ware Binion Blackshear Blease Bloodworth Boyd of Cook Branch Bray

Brooks of Jackson Brooks of Oglethorpe Bruce Bush Campbell Candler Carmichael of Butts Carmichael of Cobb Carrington Carter Chappell Clary Claxton Clements of Calhoun Clements of Marion Clements of Wheeler Cobb Conner Cook Corbett

Culpepper of Fayette Dallis Daughtry Davidson Davis of Coweta Davis of Floyd Dean DeFoor Dockery Drake Drinkard Edwards of Taylor Elliott English Ennis, J. H. Ennis, :Marion Etheridge of Baker Etheridge of Fulton Etheridge of Houston Evans of Laurens

1290

JOURNAL OF THf. HOUSE,

Ferguson of Sumter Flanders Ford Forrester of Crisp Foster Franklin of Bulloch Franklin of Polk Gaines Gavin Gill Graham Grant Grayson Greene Grice Griffin Ciross of Stephens Gross of Washington Guyton Harden Harrison of Crawford Harrison of Jenkins Harvey Hayes Henderson Herndon Hinson Holtzendorff Jackson Joel Johnson Jones of Brantley Jones of Paulding Jones of Richmond Kaigler Kelley Kendrick

Kennedy Key Kimbrough King Lanham Lewis Looper Lovett Mason Maxwell McBride McCracken McDaniel McCJraw McNall Merritt Middleton Mills Moore of Lumpkin Moore of Taliaferro Morgan Mosely Pannell Parham Parker Pharr Pierce Pilcher Preston Purdy Rawlins Rees Reid Rossee Roughton Rountree

Those voting in the negative were Messrs.:

Evans of McDuffie

Rogers

Those not voting were Messrs.:

Boyd of Greene Bynum Cheney Clark Connell

Coogler Culpepper of Mitchell Curry Dickerson Douglass

Sabados Sams Sanders Sapp Sartain Saunders Scott Smiley Smith of Henry Smith of Schley Stiles Strickland of Haralson Strickland of Pierce Sumner Swindle Tate Terrell Thigpen of Evans Thornton Tippins Tipton Tomlinson Trippe Turner Vickery Wages Warren Wells Whitaker Wiggins Williams of Ware Wohlwender Wright Yawn Yeomans
Easley Edwards of Lowndes Ferguson of Camden Forrester of Dade Fowler of Douglas

MONDAY, MARCH 13, 1939

1291

Fowler of Treutlen Goddard Goolsby Gowen Hardman Hatchett Hill

Howard Lanier Mankin Marshall Miller Moss Ragan

Simmons Summerour Thigpen of Glascock Whipple Williams of Bacon

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

On the passage of the bill, as amended, the ayes were I 70, the nays 2.

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

Under the continuing 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 Millican of the 52nd District-
Senate Bill No. 4. A bill to be entitled an Act regulating the sale, giving away or bartering of amital, veronal, luminal, or other similar drugs which have a base or are derived from Barbital, Barbiturates and Barbituric Acid; and for other purposes.
Mr. Clements of Wheeler moved the previous question, the motion prevailed, and the main question ordered.
The following Senate Substitute to House Bill No. 4, was read and adopted:

A BILL
To be entitled an Act to regulate the sale, possession, prescribing and dispensing of certain dangerous drugs, providing certain exemptions, providing for enforcement and penalties for violation thereof;
Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same:
Section 1. It shall be unlawful for any person, firm, corporation or association to sell, give away, barter, exchange, distribute or possess in the State of Georgia amytal, luminal, veronal, barbital, acid diethylbarbituric, sulfanilamide, prontylin, neo-prontosil, or any salts, derivatives or compound of the foregoing substances, or any preparation or compound containing any of the foregoing substances, or their salts, derivatives of compound or any trade-marked or copyrighted preparation or compound registered in the United States Patent Office containing more than four (4) grains to the avoirdupois or fluid ounce of the above substances, except on a prescription of a duly licensed physician as defined by this Act and such prescription shall be compounded only by a registered pharmacist in accordance with the laws of this State. The provisions of this Act shall not apply to the sale at wholesale by recognized drug jobbers or wholesalers and drug manufacturers to pharmacists or

1292

JOURNAL OF THE HOUSE,

drug stores or to physicians qualified to practice their profession according to the law, nor to the sale by pharmacists in drug stores to one another.
Section 2. As provided by this Act a "physician" means a person authorized by the laws of this State to practice medicine and any other person authorized by law to treat sick and injured human beings and animals in this State and to use, mix, prepare, dispense and administer drugs in connection with such treatment.
Section 3. Whenever a pharmacist dispenses a dangerous drug as defined in this Act, he shall in each case place upon the container the following: name of the patient, name of the physician prescribing such drug, name and address of the drug store or pharmacy from which such drug was dispensed, together with the date of the prescription.
Section 4. Any physician as defined in this Act when prescribing dangerous drugs as set forth in Section I of this Act shall in each case give the name and address of the patient, together with complete directions for administering. Any physician as defined in this Act when dispensing dangerous drugs as set forth in Section 1 of this Act shall be required to comply with Section 3 of this Act.
Section 5. Possession and control of dangerous drugs as set forth in Section I of this Act shall be legal only if in the original container in which it was dispensed by the pharmacist or the physician and the burden of any exception shall be upon the defendant. No person shall obtain or attempt to obtain any of the dangerous drugs as set forth in Section I of this Act by the use of a fictitious name or by the giving of a false address.
Section 6. It is hereby made the duty of all law-enforcement officials to enforce all provisions of this Act.
Section 7. Any person violating any provision of this Act shall be deemed guilty of a misdemeanor and upon conviction shall be punished as for a misdemeanor.
Section 8. This Act shall be known as the "Dangerous Drug Act."
Section 9. This Act shall become effective June 1, 1939.
Section 10. All laws or parts of laws inconsistent herewith are hereby repealed to the extent of such inconsistency.
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 125, the nays 2.
The bill having received the requisite constitutional majority was passed, by substitute.
Mr. Jones of Brantley requested that the Journal show that he voted against the passage of the bill.
By Messrs. Brooks of Oglethorpe, Herndon of Hart, Evans of McDuffie, Griffin of Wilkes, Hardman of Madison, and many others-

MONDAY, MARCH 13, 1939

1293

House Bill No. 590. A bill to be entitled an Act to legalize seining from July
15th to September 1st of each year 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, Mr. Pilcher of Warren 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.:

Aiken Allison of Gwinnett Allison of White Almand Bennett of Clarke Bennett of Ware Binion Boyd of Greene Bray Brooks of Jackson Brooks of Oglethorpe Bush Campbell Carmichael of Butts Carmichael of Cobb Carrington Clary Claxton Clements of Marion Cobb Connell Cook Davidson Dean DeFoor Drake Drinkard Evans of McDuffie Ferguson of Camden Flanders Ford

Foster Franklin of Bulloch Goddard Gowen Grant Greene Griffin Gross of Stephens Guyton Harvey Hatchett Hayes Herndon Hill Jackson Joel Jones of Brantley Jones of Paulding Jones of Richmond Kelley Kendrick Key Kimbrou2h Lanham Looper Lovett Mankin Marshall Mason McCracken McNall

Mills Moore of Taliaferro Pannell Parham Pharr Pierce Pilcher Preston Purdy Rees Reid Rossee Sams Sanders Sapp Smith of Henry Smith of Schley Stiles Strickland of Haralson Swindle Tate Terrell Thornton Turner Vickery Wages Wells Whipple Wiggins Williams of Ware

Those voting in the negative were Messrs.:

Ansley Barlow Barrett

Blease Bloodworth Boyd of Cook

Branch Bruce Candler

1294

JOURNAL OF THE. HOUSE,

Carter Clements of Calhoun Clements of Wheeler Culpepper of Fayette Dallis Daughtry Davis of Coweta Davis of Floyd Dockery Douglass Edwards of Lowndes Edwards of Taylor Elliott English Ennis, J. H. Ennis, Marion Etheridge of Baker Etheridge of Fulton Etheridge of Houston Evans of Laurens Ferguson of Sumter

Forrester of Crisp Franklin of Polk Gaines Gavin Gill Graham Grice Gross of Washington Harrison of Jenkins Henderson Hinson Holtzendorff Johnson Kennedy King Lewis Maxwell McBride McGraw Middleton Moore of Lumpkin

Morgan Parker Rawlins Rogers Roughton Rountree Sartain Scott Smiley Sumner Tippins Tipton
Tomlinson Warren Whitaker Williams of Bacon Wohlwender Yawn Yeomans

Those not voting were Messrs.:

Allen Atkinson Beck Bell Blackshear Bynum Chappell Cheney Clark Conner Coogler Corbett Culpepper of Mitchell Curry

Dickerson Easley Forrester of Dade Fowler of Douglas Fowler of Treutlen Goolsby Grayson Harden Hardman Harrison of Crawford Howard Kaigler Lanier McDaniel

Merritt Miller Mosely Moss Ragan Sabados Saunders Simmons Strickland of Pierce Summerour Thigpen of Evans Thigpen of Glascock Trippe Wright

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

On the passage of the bill, the ayes were 92, the nays 70.

The bill having failed to receive the requisite constitutional majority, was lost.
The following resolution of the House was read and adopted: By Mr. Carmichael of Cobb-
House Resolution No. 197. A resolution providing that the State of Georgia

MONDAY, MARCH 13, 1939

1295

cause "Old Locomotive, General," to be removed from the City ot ehattanooga, Tennessee, to the Town of Kennesaw, Georgia; and for other purposes.
Under the continuing 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. Moore of Lumpkin, Bennett of Ware, Yawn of Dodge, and Brooks and Wages of Jackson-
House Bill No. 397. A bill to be entitled an Act to repeal Section 67-803 of the Code of Georgia of 1933, and to provide a new section therefor, so as to provide for the giving of a bond, the giving of a pauper's affidavit in lieu of bond in case of statutory foreclosure; and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, Mr. Moore of Lumpkin moved the ayes and nays, and the call was not sustained.
On the passage of the bill, the ayes were 41, the nays 84.
The bill having failed to receive the requisite constitutional majority was lost.
By Messrs. Yawn of Dodge and Rawlins of Telfair-
Hause Bill No. 315. A bill to be entitled an Act to grant authority to the Federal Government for an agency, departments or corporations thereunder to buy certain lands in Dodge, Wheeler and Telfair Counties; and for other purposes.
Mr. Rawlins of Telfair moved that the bill be tabled, and the motion prevailed.
The following bill of the House was taken up for the purpose of considering the Senate amendment thereto:
By Messrs. Harris, Lanier and Jones of Richmond, Kendrick of Fulton, and MeNall of Chatham-
House Bill No. 49. A bill to be entitled an Act to amend an Act, known as "Unemployment Compensation Law"; and for other purposes.
Mr. Forrester of Crisp moved that the House disagree to the Senate amendments to House Bill No. 49.
Mr. Lovett of Laurens moved that further consideration of the Senate amendments to House Bill No. 49, be postponed until tomorrow morning, and the motion prevailed.
Under the continuing 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. Swindle of Berrien and Claxton of Johnson-

1296

JOURNAL OF THE HOUSE,

House Bill No. 690. A bill to be entitled an Act to authorize the State Highway Department to expend State-Aid Road funds upon any rural or post roads of the State not on the State Highway Road System; and for other purposes.

Mr. Etheridge of Fulton moved the previous question, the motion prevailed, and the main question ordered.

A Substitute offered by Mr. Gross of Stephens was read and withdrawn.

The following amendment to House Bill No. 690, were read and adopted:

Mr. Carmichael of Cobb moves to amend the caption of House Bill No. 690 by

striking therefrom the following: "to repeal an Act approved March 19, 1937

(Georgia Laws 1937, page 912) creating the United States Post Roads Division

of the State Highway Department" and inserting in lieu thereof the followmg: "to

transfer the duties, functions and powers of the Rural Post Roads Division to the

~H~~~~

.

Mr. Hayes of Miller moves to amend House Bill No. 690, Section one, line three by striking the words "State Highway Department Funds" and inserting in lieu thereof the following words: "funds now or hereafter allocated for Rural Post Roads work."
Mr. Carmichael of Cobb moves to amend Section 3 of House Bill No. 690 by striking Section 3 thereof in its entirety and substituting in lieu thereof the following: "All of the powers, duties and functions of the Rural Post Road Division of the State Highway Department as set out in the Act of the General Assembly and approved March 18, 1937 (Georgia Laws 1937, page 912) be and the same are hereby retained and transferred to the State Highway Board of Georgia."

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. 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.:

Aiken Allen Allison of Gwinnett Allison of White Almand Atkinson Barlow Barrett Bell Bennett of Clarke Bennett of Ware Binion Blackshear

Blease Bloodworth Boyd of Cook Boyd of Greene Branch Bruce Bush Campbell Candler Carmichael of Cobb Chappell Claxton Clements of Calhoun

Clements of Wheeler Cobb Connell Conner Cook Dallis Daughtry Davidson Davis of Coweta Davis of Floyd DeFoor Dockery Douglass

MONDAY, MARCH 13, 1939

12:17

Drake Drinkard Edwards of Taylor Elliott English Ennis, J. H. Ennis, Marion Etheridge of Baker Etheridge of Houston Evans of Laurens Evans of McDuffie Ferguson of Camden Flanders Ford Forrester of Crisp Fowler of Douglas Franklin of Bulloch Franklin of Polk Gill Goddard Gowen Graham Grayson Greene Grice Gross of Washington Guyton Harden Harrison of Crawford Harrison of Jenkins Harvey Hatchett Hayes Henderson Herndon

Hill Hinson Holtzendorff Howard Jackson Joel Johnson Jones of Brantley Jones of Richmond Kelley Kennedy Kimbrough King Lanham Looper Lovett Marshall Mason Maxwell McBride McDaniel McGraw McNall Merritt Middleton Mills Moore of Lumpkin Morgan Mosely Parham Parker Pharr Pilcher Purdy Rawlins

Those voting in the negative were Messrs.:

Beck Bray Brooks of Jackson Brooks of Oglethorpe Carrington Clary Dean Edwards of Lowndes Etheridge of Fulton Ferguson of Sumter

Foster Gaines Grant Griffin Ciross of Stephens Kendrick Key Lewis Mankin McCracken

Rees Roughton Rountree Sabados Sams Sanders Sapp Scott Smiley Smith of Henry Smith of Schley Stiles Strickland of Haralson Strickland of Pierce Sumner Swindle Tate Thigpen of Evans Thornton Tippins Tipton Trippe Turner Vickery Wages Warren Whipple Wiggins Williams of Ware Wohlwender Wright Yawn Yeomans
Moore of Taliaferro Pierce Preston Reid Rogers Tomlinson Wells Whitaker Williams of Bacon

1298

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Ansley Bynum Carmichael of Butts Carter Cheney Clark Clements of Marien Coogler Corbett Culpepper of Fayette Culpepper of Mitchell

Curry Dickerson Easley Forrester of Dade Fowler of Treutlen Gavin Goolsby Hardman Jones of Paulding Kaigler Lanier

Miller Moss Pannell Ragan Rossee Sartain Saunders Simmons Summerour Terrell Thigpen of Glascock

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

On the passage of the bill, as amended, the ayes were 142, the nays 29.

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

Mr. Claxton of Johnson moved that the bill be immediately transmitted to the Senate, and the motion prevailed.

Mr. Foster of Towns moved that the House do now adjourn until tomorrow morning at 9:00 o'clock.

On the motion to adjourn, the ayes were 63, the nays 65, and the motion was lost.
Under the continuing order of business, established hy the Committee on Rules, the following bills of the House and Senate were taken up for consideration and read the third time:

By Messrs. Etheridge and Kendrick and Mrs. Mankin of FultonH. B. No. 359. AN ACT

To amend Paragraph 2 of Section 6, of Article 7, of the Constitution of the State of Georgia so as to authorize the General Assembly to enact laws creating a Civil Service Commission and Civil Service System and/or Merit System for employees of Fulton County and for employees and deputies of county officers of Fulton County; and, further, to establish tenure of office for such employees and deputies and define the powers, duties, responsibility of the Civil Service Commission, employees and deputies coming under civil service classification, and county officers; and, further, to provide exceptions and exemptions to the operation of said laws; and for other purposes.

Be it enacted by the General Assembly of Georgia, and is hereby enacted by the authority of the same:

MONDAY, MARCH 13, 1939

1299

Section 1. That the Constitution of the State of Georgia is hereby amended as follows: By adding to Paragraph 2, of Section 6, of Article 7, thereof, the following words, to-wit:
"The General Assembly shall have the authority, however, to enact laws creating a Civil Service Commission and establishing a Civil Service System and/or Merit System for county employees and employees and deputies of county officers of Fulton County, including deputies and employees of the Sheriff, Tax Collector, Tax Receiver, Treasurer, Clerk of the Superior Court and Ordinary of said county, and in connection therewith to define and prescribe the powers and duties of such Civil Service Commission and such employees and deputies; and to enact laws defining the relation, obligation, duty and responsibility of employees and deputies under civil service classification with respect to county officers, and further define the relation, responsibility, obligation and duty of officers of Fulton County with respect to employees and deputies coming under civil service classification; to enact laws establishing tenure of office for such employees and deputies and to provide in what manner and for what reasons they may be removed or suspended from office; and to provide exceptions and exemptions to the operation of said laws."
Section 2. Be it further enacted by the authority aforesaid, that whenever the above proposed Amendment to the Constitution shall have been agreed to by twothirds of the members elected to each of the two Houses of the General Assembly, and the same has been entered on their Journals, with the yeas and nays taken thereon, the Governor shall be and he is hereby authorized and instructed to cause such amendment to be published in one or more newspapers in each Congressional District of this State, for two months next preceding the time of holding the next general election.
Section 3. Be it further enacted by the authority aforesaid, that the above proposed amendment shall be submitted for ratification or rejection to the electors of this State at the next general election to be held after the publication as provided for in the second section of this Act, in the several election districts of this State, at which election every person shall be qualified to vote who is qualified to vote for members of the General Assembly. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, "For ratification of amendment to Paragraph 2, of Section 6, of Article 7, of the Constitution authorizing the Legislature to enact laws creating a Civil Service Commission and Civil Service System and/or Merit System for employees of Fulton County and for employees and deputies of county officers of Fulton County;" and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words, "Against ratification of amendment to Paragraph 2, of Section 6, of Article 7, of the Constitution authorizing the Legislature to enact laws creating a Civil Service Commission and Civil Service System and/or Merit System for employees of Fulton County and for employees and deputies of county officers of Fulton County." If the people ratify such amendment by a majority of the electors qualified to vote for members of the General Assembly voting thereon such amendment shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns

1300

JOURNAL OF THE HOUSE,

for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and to certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof.
Section 4. Be it further enacted by th~ authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
The bill involving an amendment to the Constitution of the State of Georgia, the roll call was ordered and the vote was as follows:

Voting in the affirmative were Messrs.:

Aiken Allen Allison of Gwinnett Allison of White Almand Atkinson Barlow Barrett Beck Bell Bennett of Clarke Bennett of Ware Binion Blease Bloodworth Boyd of Cook Boyd of Greene Branch Bray Brooks of Oglethorpe Bruce Bush Campbell Candler Carmichael of Cobb Carrington Claxton Clements of Calhoun Clements of Wheeeler Cobb Conner Cook Corbett Dallis

Daughtry Davidson Davis of Coweta Davis of Floyd Dean Dockery Douglass Drake Drinkard Edwards of Lowndes Edwards of Taylor Elliott English Ennis, J. H. Ennis, Marion Etheridge of Baker Etheridge of Fulton Etheridge of Houston Evans of Laurens Evans of McDuffie Ferguson of Sumter Ford Forrester of Crisp Fowler of Douglas Franklin of Bulloch Gaines Gill Graham Grant Grayson Greene Grice Griffin Gross of Stephens

Gross of Washington Guyton Harden Harrison of Crawford Harrison of Jenkins Harvey Hatchett Hayes Herndon Hill Hinson Holtzendorff Howard Jackson Joel Jones of Brantley Jones of Richmond Kelley Kendrick Kennedy Key King Lanham Lewis Looper Lovett Mankin Marshall Mason Maxwell McBride McCracken McGraw McNall

MONDAY, MARCH 13, 1939

130j

Middleton Mills Moore of Lumpkin Morgan Mosely Pannell Parham Parker Pharr Pierce Pilcher Preston Purdy Reid Rossee

Roughton Sahados Sams Sapp Sartain Scott Smith of Schley Stiles Strickland of Haralson Strickland of Pierce Sumner Swindle Tate Terrell Thornton

Voting in the negative was Mr.:

Foster

Tipton Tomlinson Turner Vickery Warren Wells Whipple Whitaker Wiggins Williams of Bacon Williams of Ware Wohlwender Yawn Yeomans

Those not voting were Messrs.:

Ansley Blackshear Brooks of Jackson Bynum Carmichael of Butts Carter Chappell Cheney Clark Clary Clements of Marion Connell Coogler Culpepper of Fayette Culpepper of Mitchell Curry DeFoor Dickerson Easley

Ferguson of Camden Flanders Forrester of Dade Fowler of Treutlen Franklin of Polk Gavin Goddard Goolsby Gowen Hardman Henderson Johnson Jones of Paulding Kaigler Kimbrough Lanier McDaniel Merritt Miller

Moore of Taliaferro Moss Ragan Rawlins Rees Rogers Rountree Sanders Saunders Simmons Smiley Smith of Henry Summerour Thigpen of Evans Thigpen of Glascock Tippins Trippe Wages Wright

By unanimous consent, verification of the roll call was dispensed with.
On the passage of the hill, the ayes were 146, the nays 1.
The hill having received the requisite two-thirds constitutional majority was passed.

By Senator Causey of the 46th District-

1302

JOURNAL OF THE HOUSE,

Senate Bill No. 128. A bill to be entitled an Act to amend an Act to abolish fee system in Superior Courts Waycross Judicial Circuit, providing for monthly payment of Solicitor of said 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 2.
The bill having received the requisite constitutional majority was passed.
Mr. Etheridge of Fulton requested that the Journal show that he voted against the passage of the bill.
By Mr. McNall of Chatham-
House Bill No. 449. A bill to be entitled an Act to repeal Section 12-609 of the Code of Georgia, 1933, relating to sales by pawnees; to enact in lieu thereof a provision providing how, when, and under what conditions property received in pledge by a pawnbroker may be sold ; and for other purposes.
The following Committee Substitute to House Bill No. 449 was read and adopted:
A BILL
To be entitled an Act to repeal Section 12-609 of the Code of Georgia of 1933 relating to sales by pawnees; to enact in lieu thereof a provision providing how, when, in what manner and under what conditions property received in pledge by a pawnbroker may be sold; to provide for the proper distribution of the purchase money from such sale; to provide the hours within which pawnbrokers may transact business; to provide penalties for 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.
That Section 12-609 of the Code of Georgia of 1933 relating to sales by pawnees be and the same is hereby repealed and a new section is enacted in lieu thereof as follows:
"No pawnbroker shall sell any pawn or pledge until the same shall have remained five months in his possession, and all such sales shall be at public auction and not otherwise and shall be conducted by licensed auctioneers of the State and of the city where the business of the pawnee shall be carried on. All sales to be conducted between the legal hours of sale and on the day now established for sheriff's sale.
No pawn or pledge shall be sold unless written or printed notice of intention to sell, with a statement of the article or articles to be sold, has been first mailed by letter addressed to the pawner or pledger at the address given at the time of pawning or pledging at least ten days prior to the date of sale. Notice of every

MONDAY, MARCH 13, 1939

1303

such sale shall be published ten days previous to day of sale in a newspaper wherein sheriff's advertisements appear, and in the county in which said sale is to be conducted.
If the pawn or pledge, at such sale, shall be purchased by the pawnbroker, the pawner or pledger shall be entitled to redeem same within ten days thereafter by tendering to the pawnbroker the amount of the loan with the interest due thereon.
The surplus money, if any, arising from any such sale, after deducting the amount of the loan, the interest then due on the same, and the expense of the advertisement and sale, shall be paid over by the pawnbroker to the person who would be entitled to redeem the pledge in case no such sale had taken place."
SECTION 2.
A pawnbroker who sells any article received by him in pledge before the time to redeem the same has expired, or who wilfully refuses to disclose the name of the purchaser and the price received by him for any article received by him in pledge, and subsequently sold, shall be guilty of a misdemeanor.
SECTION 3.
No pawnbroker shall transact any pawnbroking business or advance any money upon goods pawned or received except between hours of 7 o'clock A. M. and 6 o'clock P. M. on week days, excepting on Saturday, and then only between the hours of 7 o'clock A. M. and 12 o'clock midnight, nor shall any business be transacted by pawnbrokers, as such, between the hours of 12 .o'clock midnight on Saturday and 7 o'clock A. M. on Monday and the violation of any provision of this Act is made a misdemeanor.
SECTION 4.
All laws or parts of laws in conflict with this Act be and the same are hereby repealed.
The report of the Committee, which was favorable to the passage of the bill, by substitute, was agreed to.
On the passage of the bill, by substitute, the ayes were 103, the nays 2.
The bill having received the requisite constitutional majority was passed, by substitute.
Mr. Etheridge of Fulton requested that the Journal show that he voted against the passage of the bill.
By Mr. Tippins of Wilcox-
House Bill No. 657. A bill to be entitled an Act to provide for holding 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.

1304

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. The following Committee Reports were submitted and read: Mr. Campbell of Newton County, Vice-Chairman of the Committee on Amendments to Constitution No. 1, submitted the following report: Mr. Speak:er : Your Committee on Amendments to Constitution No. 1 have had under consideration the following bills and resolutions of the House and Senate and have instructed me, as Chairman, to report the same back: to the House with the following recommendations: Senate Bill No. 136. Do pass. Senate Bill No. 138. Do pass. Senate Resolution No. 48. Do pass. Senate Bill No. 161. Do pass. House Resolution No. 18-l04A. Do not pass. House Resolution No. 7-32A. Do not pass. House Bill No. 697. Do not pass. House Bill No. 686. Do not pass. House Resolution No. 6-32B. Do pass. House Resolution No. 41-163C. Do not pass.
Respectfully submitted, Campbell of Newton, Vice-Chairman. Mr. Fowler of Treutlen County, Chairman of the Committee on Conservation, submitted the following report: Mr. Speak:er: 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. 714. Do pass.
Respectfully submitted, Fowler of Treutlen, Chairman.

MONDAY, MARCH 13, 1939

1305

Mr. Scott of Thomas 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. 216. Do pass. Respectfully submitted,
Scott of Thomas, Chairman.
Mr. Sams of DeKalb 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. 788. Do pass. House Bill No. 789. Do pass. House Bill No. 802. Do pass. House Bill No. 803. Do pass. House Bill No. 807. Do pass. House Bill No. 809. Do pass. House Bill No. 811. Do pass. Senate Bill No. 209. Do pass. House Bill No. 790. Do not pass. House Bill No. 653. Do pass.
Respectfully submitted,
Sams of DeKalb, Chairman.
Mr. Lanham of Floyd 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 follow-
ing bills of the House and have instructed me, as Chairman, to report the same back to the House with the following recommendations:

1306

JOURNAL OF THE HOUSE,

House Bill No. 806. Do pass.
House Bill No. 799. Do pass, as amended.
Respectfully submitted,
Lanham of Floyd, Chairman.
By unanimous consent, the following bills and resolutions of the House and Senate, favorably reported, were read the second time:
By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton-
House Bill No. 653. A bill to be entitled an Act to amend the charter of East Point; and for other purposes.
By Messrs. Fowler of Treutlen, Campbell of Newton, Corbett of Atkinson, Harrison of Jenkins, Jones of Richmond, Simmons of Decatur, DeFoor of Mcintosh, Atkinson of C~atham, Marshall of Macon-
House Bill No. 714. A bill to be entitled an Act creating the State Park Authority; and for other purposes.
By Mr. Carmichael of Butts-
House Bill No. 788. A bill to be entitled an Act to amend an Act creating a new charter for the City of Jackson; and for other purposes.
By Mr. Carmichael of Butts-
House Bill No. 789. A bill to be entitled an act creating a new charter for the City of Jackson; and for other purposes.
By Mr. Jones of RichmondHouse Bill No. 799. A bill to be entitled an Act to amend Chapter 92-19 (Title
92) of the Code of Georgia of 1933 entitled "Public Revenue, Miscellaneous Occupations" so as to provide a tax for every peddler or traveling vendor of patent or proprietary medicine ; and for other purposes.
By Messrs. J. H. and Marion Ennis of BaldwinHouse Bill No. 802. A bill to be entitled an Act to amend an Act establishing
a new charter for the City of Milledgeville, and the several Acts amendatory thereof; and for other purposes.
By Mr. Jones of RichmondHouse Bill No. 806. A bill to be entitled an Act to prohibit any manufacturer
or transient vendor of candies or sweets from consigning candies or manufactured sweets with individuals, persons, firms, corporations or associations who have not purchased a license authorizing them to sell and dispose of same; and for other purposes.
By Messrs. Lanham, Davis and Rogers of Floyd-

MONDAY, MARCH 13, 1939

1307

House Bill No. 807. A bill to be entitled an Act to amend the charter of the City of Rome; and for other purposes.
By Messrs. Sabados and Allen of Dougherty-
House Bill No. 809. A bill to be entitled an Act to amend Code Section 22 of the General Tax Act No. 360, approved March 28, 1935, Georgia Laws of 1935; which provides that no person shall be exempt from any tax imposed, who has more than one employee to assist in conducting such business; and for other purposes.
By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton-
House Bill No. 811. A bill to be entitled an Act to amend the charter of the City of Atlanta; and for other purposes.
By Mr. Evans of McDuffie-
Hause Resolution No. 6-328. A resolution proposing a Constitutional Amendment to increase the purposes for which State Taxes may be levied; and for other purposes.
By Messrs. Lovett of Laurens and Fowler of Treutlen-
House Resolution No. 18-104A. A resolution proposing an Amendment to Article III, Section 4, Paragraph 3, of the Constitution abolishing the ten day special session of the General Assembly, and providing for the General Assembly to convene on the second Monday in January; and for other purposes.
By Senators Brown of the 4th, Dawson of the 2nd and Warnell of the 1st Districts-
Senate Bill No. 136. A bill to be entitled an Act to amend the Constitution authorizing the continuance of the Coastal Highway District as a political subdivision; and for other purposes.
By Senators Brown of the 4th, Dawson of the 2nd and Warnell of the 1st Districts-
Senate Bill No. 138. A bill to be entitled an Act to prescribe the rights, duties and responsibilities in connection with the continuance of the Coastal Highway District; and for other purposes.
By Senators Millican of the 52nd and Abbot of the 18th Districts-
Senate Bill No. 161. A bill to be entitled an Act to amend Article 13, Section 1, Paragraph 1, of the Constitution so as to provide that proposed amendments affecting only a county or municipality be submitted to the voters of such county or municipality; and for other purposes.
By Senator Abbot of the 18th District-
Senate Bill No. 209. A bill to be entitled an Act to amend the charter of the City of Augusta; and for other purposes.
By Senator Groover of the 37th District-

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JOURNAL OF THE HOUSE,

Senate Bill No. 216. A bill to be entitled an Act to amend an Act to consolidate the offices and duties of Tax Receiver and Tax Collector of Troup County; and for other purposes."
By Senators Brown of the 4th, Dawson of the 2nd and Warnell of the 1st Districts-
Senate Resolution No. 48. A resolution providing that the first ten Amendments to the United States Constitution be and the same are hereby ratified; and for other purposes.
The following report was submitted and ordered filed in the Journal:
Report of the House and Senate
Committees on the Joint Inspection of the
W and A Railroad Properties
To Hon. John B. Spivey,
President of the Senate, and
Hon. Roy V. Harris,
Speaker of the House.
We your Committees of the House and Senate on the Western and Atlantic Railroad have made an inspection of the property of the State known as the W & A property.
Your Committeemen left the City of Atlanta at 10 A. M. on Saturday, March 4th, 1939, by train from the Union Station, and arrived in Chattanooga in due course. We were furnished no information as to the particular property to be inspected and no one who knew the property accompanied us. No one met us at Chattanooga to show us the property and we were forced to enquire from strangers as to just what property the State of Georgia owned. With the aid of one or two members of the House who were present we finally were shown the property known as the Plaza Hotel and the Eastern Hotel.
We looked over the Plaza property, which covers a triangular block near the center of the city, and found it in fairly good condition, but in need of a heating system and improved elevator facilities. This is a valuable piece of property, located very advantageously and with suitable modern improvements would be of immense value to the State.
We found the Eastern Hotel to be located on one of the most valuable corners of the city, but the building thereon is old and dilapidated. It is a four story building and the roof is decayed, water running through the ceilings and the plastering falling to such an extent as to be unsafe and unsuitable for habitation.
These two properties are not leased with the Railroad, but are leased, we are

MONDAY, MARCH 13, 1939

1309

informed, to 1. B. Pound by the Leasing Authority of the State. 1ust what the
term of the leases may be your Committees have not been informed.

Your Committees then sought to locate the terminal property, that is, to say, the property leased to the N. C. & St. L. Ry. Co. We found the old Union or Central Station building and sheds in a fair state of repair, and, across the street from the station, one entire business block, completely covered in buildings of various types and sizes, consisting of hotels, factories, warehouses and business houses; the property fronts on four streets and each and every one of the places, apparently, was occupied.

We were then shown another block of property and informed that about threefourths of this entire block of even more valuable property belonged to the State, but were unable to ascertain, in our limited time, just which of said block of property did or did not belong to the State. This property, too, fronts on four streets and its rental value is immense.

We are unable to give you the exact facts or figures, but your Committees feel safe in saying that a reasonable rental from this two blocks of property would go, in a large measure, to the payment of the $45,000.00 per month rental paid to the State for the lease of the W. & A. Railroad and we are unable to understand why this valuable property, no necessary part of the railroad or the terminals, should be tied up with the lease agreement, and all rentals go to the lessees instead of being segregated from railroad and terminals and handled to the advantage of the people of the State.
Your Committees realize that the lease on the railroad extends to 1967 and that nothing can be done to segregate this property until the lease expires, but we earnestly urge that steps be taken at once to prevent the continuation of a manifest injustice to the State by continuing to lease property of the State of Georgia to the lessee of the W. & A. Railroad where the property is in no manner connected with the railroad property or necessary in the operation of the railroad, and that no new leases be negotiated or permitted that will at the expiration of the present lease prevent the complete separation of the railorad property and the business property owned by the State.

Your Committees were informed that there was other property of the State m Chattanooga, some vacant, unimproved property, but for lack of information we can make no report as to same.

We recommend that a new Leasing Commission be created bv this General Assembly to have charge of the leasing of the business property her~in referred to and that said Commission have exclusive jurisdiction of all leasing and improvements on said property and that, at the end of the present lease of the Western and Atlantic Railroad, the segregation of said property be brought about, and that a special Committee of two Senators and three Representatives be appointed by the President

1310

JOURNAL OF THE HOUSE,

and Speaker, respectively, to ascertain the exact amount of rentals paid by tenants of said properties.
Respectfully submitted,
This the lOth day of March, 1939.
R. A. Ingram, Chairman, Senate Committee;
J. McRae Clements, Chairman, House Committee.
Mr. Gross of Stephens 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. Thigpen of Glascock and Summerour of Bartow.
The Speaker announced the House adjourned until tomorrow morning at 9:00 o'clock.

TUESDAY, MARCH 14, 1939

1311

Representative Hall, Atlanta, Ga.,
Tuesday, March 14th, 1939.
The House met pursuant to adjournment this day at 9 o'clock, A. M., was called to order by the Speaker and opened with a prayer by the Chaplain.
By unanimous consent, the call of the roll was dispensed with. Mr. Brooks of Oglethorpe gave notice that at the proper time he would move that the House reconsider its action in failing to pass the following bill of the House, to-wit:
By Messrs. Brooks of Oglethorpe, Herndon of Hart, Evans of McDuffie, Dean of Rockdale, Griffin of Wilkes, Carrington of Barrow, and many others.
House Bill No. 590. A bill to be entitled an Act to legalize seining from July 15th to September 1st of each year in certain counties of this State; and for other purposes.
Mr. Gross of Stephens, 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 period of unanimous consent:
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 rrading 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. Harrison of JenkinsHouse Bill No. 820. A bill to be entitled an Act to create a new charter for
the City of Millen, in the County of Jenkins, Statr of Georgia; and for other purposell.
Referred to Committee on Municipal Government.
By Mr. Boyd of CookHouse Bill No. 821. A bill to be entitled an Act to amend an Act entitled
"Intangibles-Classification," by striking Section 11 and enacting in lieu thereof a new Section 11 ; and for other purposes.
Referred to Committee on Ways and Means.

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JOURNAL OF THE HOUSE,

By Mr. Whitaker of Appling-
House Bill No. 822. A bill to be entitled an Act to amend the charter of the City of Baxley; and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Jones of Paulding, Trippe and Franklin of Polk, and Fowler of Douglas-
House Bill No. 823. A bill to be entitled an Act to abolish the fee system in the Superior Courts of the Tallapoosa Circuit; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Edwards of Taylor-
House Resolution No. 198-823A. A resolution authorizing the State Librarian to furnish certain law books to Taylor County; and for other purposes.
Referred to Committee on Public Library.
By Messrs. Carmichael of Cobb, Harris of Richmond and Scott of Thomas-
House Resolution No. 199-823B. A resolution providing manner of suspension of maintenance tax by persons who did not use trucks during 1937 on the highways of this State; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Edwards of Lowndes-
House Resolution No. 200-823C. A resolution proposing to the qualified voters an amendment to Paragraph 2 of Section 1 of Article XL of the Constitution so as to consolidate the counties of this State into sixty counties; and for other purposes.
Referred to Committee on State of Republic. 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 Bill No. 812. Do pass. House Bill No. 814. Do pass.
Respectfully submitted, Key of Jasper, Chairman.
Mr. Carmichael of Cobb County, Chairman of the Committee on Amendments to Constitution No. 2, submitted the following report:

TUESDAY, MARCH 14, 1939

1313

Mr. Speaker:

Your Committee on Amendments to Constitution No. 2 have had under consideration the following 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. 190-815A. Do pass.

House Resolution No. 191-815B. Do pass.

House Resolution No. 192-815C. Do pass.

Respectfully submitted,

Carmichael of Cobb, Chairman.

Mr. Scott of Thomas 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. 787. Do pass. H9use Bill No. 800. Do pass. House Bill No. 808. Do pass. Senate Bill No. 193. Do pass. House Bill No. 816. Do pass.

Respectfully submitted,

Scott 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 engrossed and ready for transmission to the Senate, the following bills and resolution of the House, to-wit:

House Bills Nos. 359, 449, 621, 654, 657, 690, 693, 795, 796.

House Resolution No. 197.

Respectfully submitted,

Sartain of Walker, Chairman.

Mr. Ansley of Lee County, Chairman of the Committee on Enrollment, submitted the following report:

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JOURNAL OF THE HOUSE,

Mr. Speaker:
Your Committee on Enrollment has examined, found properly enrolled and ready for transmission to the Governor, the following bills of the House, to-wit:
House Bills Nos. 74, 99, 125, 131, 181, 194, 254, 447, 538, 539, 717.
Respectfully submitted,
Ansley of Lee, Chairman.
Mr. Swindle of Berrien County, Chairman of the Committee on General Agriculture No. l, submitted the following report:
Mr. Speaker:
Your Committee on General Agriculture No. l 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. 195. Do pass. House Bill No. 804. Do pass. House Bill No. 659. Do pass.
Respectfully submitted, Swindle of Berrien, Chairman.
Mr. Edwards of Lowndes County, Chairman of the Committee on State of Republic, submitted the following report:
Mr. Speaker: Your Committee on State of Republic have had under consideration the follow-
ing 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. 224. Do pass. House Bill No. 762. Do pass. House Bill No. 810. Do pass.
Respectfully submitted, Edwards of Lowndes, Chairman.
Mr. Dean of Rockdale County, Chairman of the Committee on Uniform State Laws, submitted the following report:
Mr. Speaker: Your Committee on Uniform State Laws 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. 817. Do pass.

TUESDAY, MARCH 14, 1939

1315

House Bill No. 818. Do pass. House Bill No. 819. Do pass.

Respectfully submitted,

Dean of Rockdale, Chairman.
By unanimous consent, the following bills and resolutions of the House and Senate, favorably reported, were read the second time:
By Mr. Edwards of Lowndes-
House Bill No. 224. A bill to be entitled an Act amending the Act of the General Assembly entitled "The Motor Fuel Tax Act," of March 18, 1937; and for other purposes.
By Messrs. Davis and King of Coweta-
House Bill No. 659. A bill to be entitled an Act to exempt vendors or peddlers of perishable farm products grown by the seller or peddler, or on his farm, from the payment of any occupation or license fee or tax, State, county or municipal; and for other purposes.
By Mr. Edwards of Lowndes-
House Bill No. 762. A bill to be entitled an Act to provide tax on transfers of stock and other corporate certificates; to provide amount of the tax; and for :>ther purposes.
By Mr. Rossee of Putnam-
House Bill No. 787. A bill to be entitled an Act to abolish the offices of Tax Receiver and Tax Collector of Putnam County; to provide the office and compensation of Tax Commissioner; and for other purposes.

March 8, 1937, Pages 1301-02, of the 1937 Acts creating the office of Tax Collector
House Bill No. 800. A bill to be entitled an Act to repeal an Act approved March 8, 1937, Pages 1301-02 of the 1937 Acts creating the office of Tax Collector of Coffee County; and for other purposes.
By Messrs. Swindle of Berrien and Branch of Tift-
House Bill No. 804. A bill to be entitled an Act establishing and creating a public corporation to be known as the "Atlanta Produce Market Authority"; and for other purposes.

By Messrs. Harris, Lanier and Jones of Richmond-
House Bill No. 808. A bill to be entitled an Act to amend Acts 1931, Pages 686-691, so as to provide that the City Council of Augusta may delegate to the City Planning Commission power and authority to permit exceptions to and variations from the zoning regulations; and for other purposes.

1316

JOURNAL OF THE HOUSE,

By Mr. Allen of Dougherty-
House Bill No. 810. A bill to be entitled an Act to amend Section 22 of the General Tax Act No. 360, approved March 28, 1935, Georgia Laws of 1935; which provides that no person shall be exempt from any tax imposed, who has more than one employee to assist in conducting such business; and for other purposes.
By Messrs. Mason of Morgan, Whipple of Bleckley, Lanham and Davis of Floyd, Harrison of Jenkins, Elliott of Muscogee, Pennell of Murray, Greene of Jones, Claxton of Johnson, Sartain of Walker, Gaines of Franklin, Daughtry of Wilkinson, Thigpen of Evans, Beck of Carroll, Trippe of Polk, Allison of Gwinnett, Evans of Laurens, Moore of Lumpkin, Holtzendorff of Ben Hill, Kendrick of Fulton, Almand of Walton, Stiles of Fannin, Culpepper of Fayette, Lovett of Laurens, Maxwell of Muscogee, and Davis of Coweta-
House Bill No. 812. A bill to be entitled an Act to create an Advisory Council to be known as the Georgia Advisory Council; to provide for the appointment of the members thereof; their salaries, duties and powers; and for other purposes.
By Mr. Gross of Stephens-
House Bill No. 814. A bill to be entitled an Act appropriating $20,000.00 for the purpose of building a National Guard Camp near Toccoa; and for other purposes.
By Mr. Campbell of Newton-
House Bill No. 816. A bill to be entitled an Act to amend Sections 3 (2) of the Act creating the City of Avondale Estates, which said Section relates to the powers of the City Court; and for other purposes.
By Mr. Campbell of Newton-
House Bill No. 817. A bill to be entitled an Act to amend Section 27-2905 of the Code of 1933 by providing the manner of payment of costs in insolvent cases; and for other purposes.
By Mr. Campbell of Newton-
House Bill No. 818. A bill to be entitled an Act to amend Section 49-813, Code of 1933, so as to provide to facilitate proper commitment of persons to United States Veteran Hospitals; and for other purposes.
By Mr. Campbell of Newton-
House Bill No. 819. A bill to be entitled an Act to amend Section 49-803, Code of 1933, so as to facilitate the appointment of guardians for persons entitled to payments by the Veterans' Administration; and for other purposes.
By Messrs. Scott of Thomas, Corbett of Atkinson, Fowler of Treutlen, Etheridge of Houston, Moore of Taliaferro, Chappell of Sumter, McCracken of Jefferson, Branch of Tift, Whitaker of Appling, Claxton of Johnson, Swindle of Berrien, Flanders of Emanuel and Gross of Washington-

TUESDAY, MARCH 14, 1939

1317

House Resolution No. 190-815A. A resolution proposing to the qualified voters an amendment to Paragraph 1, Section 8, Article 3, of the Constitution, by providing the officers and employees of the two houses of the Legislature shall be limited to the President of the Senate, Speaker of the House, Secretary of the Senate, Clerk of the House, a Messenger and Doorkeeper for each house; and for other purposes.
By Messrs. Scott of Thomas, Corbett of Atkinson, Fowler of Treutlen, Etheridge of Houston, Moore of Taliaferro, Chappell of Sumter, Branch of Tift, Whitaker of Appling, Claxton of Johnson, McCracken of Jefferson, Swindle of Berrien, Flanders of Emanuel and Gross of Washington-
House Resolution No. 191-815B. A resolution proposing to the qualified voters an amendment to Paragraph 1, Section 9, Article 3, of the Constitution, so as to reduce the mileage allowed to members of the General Assembly; and for other purposes.
By Messrs. Scott of Thomas, Corbett of Atkinson, Fowler of Treutlen, Etheridge of Houston, Moore of Taliaferro, Chappell of Sumter, Branch of Tift, Whitaker of Appling, Claxton of Johnson, McCracken of Jefferson, Swindle of Berrien, Flanders of Emanuel and Gross of Washington-
House Resolution No. 192-815C. A resolution proposing to the qualified voters an amendment to Paragraph 1, Section 9, Article 3, of the Constitution so as to fix the per diem of the members of the General Assembly; and for other purposes.
By Senator Durden of the lOth District-
Senate Bill No. 193. A bill to be entitled an Act to provide for the appointment of County Planning Councils; to provide for organization, duties and powers; to provide for the adoption of official county plans; and for other purposes.
By Senator McCranie of the 48th District-
Senate Bill No. 195. A bill to be entitled an Act to promote the use of cotton and cotton goods; to regulate the package of fertilizer, cement, cotton bales, cotton seed meal, mixed chicken feeds and farm grains so as to provide for cotton cloth containers; 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. Etheridge, Kendrick and Mrs. Mankin of Fulton-
House Bill No. 653. A bill to be entitled an Act to amend the charter of East Point; and for other purposes.
The following Committee Substitute to House Bill No. 653 was read and adopted:

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JOURNAL OF THE HOUSE,

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" approved August, 1912, 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:
Section 1.
From and after the passage and approval of this Act the City of East Point, the City Council of East Point or the governing authorities of the City of East Point, by whatever name the same may be hereafter known, are granted authority hereby to pass zoning and planning laws whereby said City may be zoned or districted for various uses and other or different uses prohibited therein, and to regulate the use of which said zones or districts may be set apart, and to regulate the plans for development and improvement of real estate therein.
Section 2.
A Zoning and Planning Commission for the City of East Point is hereby created to consist of five members, one member to be appointed from each ward in said City by the City Council of East Point to serve for a term of three years and until his successor is appointed and qualified; provided, that of the first three members of said Commission appointed by the City Council one shall serve from date of his appointment and qualification to the first Tuesday after the first Monday in J anuary, 1940, and one of the first members of said Commission appointed by the City Council shall serve from date of his appointment and qualification to the first Tuesday after the first Monday in January, 1941, and the other member of said Commission appointed by the City Council of East Point shall serve from date of his appointment and qualification to the first Tuesday after the first Monday in J anuary, 1942. Commencing with the first Tuesday after the first Monday in January, 1940, the City Council of East Point shall at the reorganization meeting in each year appoint a successor to the member of said Commission whose term expires on said date for a term of three years from said date and until his successor is appointed and qualified. The three members of said Commission first appointed by the City Council of East Point shall upon their appointment and qualification assemble in the City of East Point and elect from the City at large a fourth member of said Commission, which fourth member shall be Chairman of said Commission, and the term for which the Chairman of said Commission shall serve shall be two years; provided, that the first Chairman elected under this Act shall serve from the date of his election and qualification up to and until the first Wednesday after the reorganization meeting of City Council in January, 1940, at which time the members of said Commission appointed by the City Council of East Poir.t shall elect a Chairman from the City at large for the term of two years and until his successor shall have been elected and qualified, and thereafter the election of said Chairman of said Commission is to be from the City at large and is to be held on the first Wednesday after the reorganization meeting of the City Council of East Point every two

TUESDAY, MARCH 14, 1939

1319

years. The fifth member of said Commission shall be the Building Official of said City. Each member of said Commission, including the Chairman, shall have one vote in all matters before said Commission, except in selecting a Chairman, who shall in all cases he selected only by the members appointed by City Council.
Section 3.
The City Clerk of the City of East Point is hereby required to act as Secretary to said Commission and in this capacity to attend and keep correct and accurate minutes of all of the meetings of said Commission and a correct record of all of its,..acts and doings.
Section 4.
Members of said Commission shall be disqualified to act in any matter affecting the rights of persons related to them by blood or marriage within the fourth degree or in any matter in which such member is financially interested directly or indirt'ctly. The City Council of East Point shall fill the place of any disqualified member of said Commission in any matter upon ten days notice in writing of the disqualification of a member. Questions of disqualification shall be passed upon in the first instance by the Commission itself, but decisions of said Commission on all questions shall be subject to review by certiorari by Fulton Superior Court.
Section 5.
The City Council of East Point is hereby authorized and empowered to adopt all necessary, proper ordinances, rules and regulations governing practice and procedure of said Commission, the conduct of hearings before said Commission, and to carry plans and decisions of said Commission into effect, and to punish persons for violation of such ordinances, rules, regulations, plans and decisions.
Section 6.
Said Commission shall have power and authority to subpoena and compel the attendance of witnesses and to subpoena and compel the production of documentary evidence and to fix and adopt rules and regulations with respect to practice, procedure and the conduct of hearings before said Commission and the transactions of matters before said Commission, not inconsistent with the rules, regulations or ordinances adopted by the City Council of East Point, nor with any law of this State.
Section 7.
Be it further enacted by the authority aforesaid and it is hereby enacted by authority of the same, that members of said Commission shall serve without compensation, and that no person shall be eligible for appointment to said Commission, as a member of said Commission, who is not a freeholder and a bona fide resident of said City at the time of said election, and any member of said Commission ceasing to be either a freeholder or a bona fide resident of said City shall immediately cease to he a member of said Commission without the taking of any formal or other action.

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Section 8.
The Zoning and Planning Commission created by this Act shall have such power, authority and jurisdiction as may be vested in it by this Act and by ordinances adopted by the City Council of East Point and no other; provided, however, that no ordinance or resolution adopting any districting or zoning plan or limiting the use to which property zoned may be put, may be adopted by the City Council of East Point until the same shall have been first worked out and adopted by the Zoning and Planning Commission created by this Act; and provided further that an opportunity shall be afforded by said Commission or by the City Council to persons affected by any plan, or zoning ordinance, to be heard in opposition to its adoption; provided, the only notice of the time and place of hearing of objections to the adoption of any ordinance zoning any district shall be published once at least thirty days in advance of the date of the hearing on such ordinance in the official organ of said City, and no other notice shall be required. All objections shall be made at or before said hearing and not thereafter.
Section 9.
When the regular meeting date of the City Council of East Point or of any Board, Bureau, Commission or Committee of said City is a holiday, the regular meeting date shall be the next succeeding day thereafter.
Section 10.
Police officers of the City of East Point shall havl' authority to make arrests anywhere within or without said City, except in other cities, and the Recorder's Court of said City shall have territorial jurisdiction of any charge for violating any law or ordinance of said City, any rule or regulation of said City, or any Board, Commission, Bureau or Department of said City, or any rule or regulation of the State of Georgia, or County of Fulton, or any law of the United States or any political subdivision thereof, for the purpose of making a preliminary investigation, acting as a committing Court where the offense charged is committed within said City or within one-half mile of said City.
Section 11.
Under such arrangements with other political subdivisions of this State as the City Council of East Point may make, the Fire Department of said City and the members of said Fire Department may answer calls anywhere within or without the limits of said City with the fire-fighting equipment of said City, the charge~ for the services rendered without the City of East Point by said Fire Department to be prescribed by ordinance of the City Council of East Point, and there shall be no more liability on account of negligence against said City or any of its firemen on duty without the limits of said City than there is within said City in case of injury or accident.
Section 12.
Notice to employees of said City of the time and place of hearing of charges

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against them before the City Council of East Point or any Committee thereof shall be deemed reasonable if served three days before the date of the hearing.
Section 13.
Any and all positiOns, offices or places of employment heretofore creatt>d by charter provision, ordinance of the City Council of East Point or resolution of the City Council of East Point, or by any other authority whereby there is now any office, place or position under the government of said City, which office, place or position is now vacant, is hereby abolished.
Section 14.
The Act approved August 26, 1929, as the same appears on Page 1044 of the Acts of 1929, providing for pension for City employees of the City of East Point is hereby repealed.
Section 15.
Each Alderman of the City of East Point may receive an annual salary of $600.00 payable monthly in installments of not exceeding $50.00 each, said monthly payments to be made at the end of each month for which said salary is paid.
Section 16.
Actions at law or in equity against said City or any of its officers may be brought at any time within one year from the time the cause of action arose, but not thereafter; provided, that no suit at law or in equity may be brought against said City or any of its officers on any claim for any cause, notice of which claim or cause is not served in writing upon said City or officer within ninety days from the date the alleged cause of action arose.
Section 17.
The offices of General Inspector and of Assistant General Inspector of the City of East Point are hereby created. The General Inspector of the City of East Point and Assistant General Inspector shall be elected by the City Council of East Point at the reorganization meeting of City Council in each year for a term of one year and until their successors are elected and qualified, and it shall be the duty of this General Inspector to inspect all buildings and their construction and excavation of buildings, the wiring and plumbing in buildings of all types within said City, erection, alterations, changes, removal or tearing down of buildings. Such Inspector shall have power and authority to inspect all foods and merchandise bought, sold, exchanged or traded within said City, and have the power and authority to condemn such as shall not be fit for the purposes for which it was intended, and such Inspector shall also be charged with the duty of making tests of weights and measures, inspecting the same, and enforcing the law against short weights or measures and against cheating, swindling and defrauding by weights or measures; such officer shall have the authority and it shall be his duty to arrest persons violating any of the laws of said City with the enforcement or execution of which said officer IS charged. The General Inspector may act by himself, his assistant, or others.

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Section 18.
The office of Water and Light Superintendent for said City is hereby created and the office of Street Foreman for said City is hereby created, and the office of Meter Reader for said City is hereby created, and the office of Assistant to each of the foregoing is hereby created, and the office of Assistant City Clerk is hereby createa. The terms of each office named in this Section shall be for one year from the date of their election or appointment and qualification and until their successors are elected and qualified; provided, the first terms under this Section will end the first Tuesday in January, 1940. Election of all of said officers is vested in the City Council.
Section 19.
A Sanitary Department for the City of East Point is hereby created, which shall be composed of a Superintendent and such other officers, agents and employees as may be prescribed by ordinance by the City Council of East Point. The Superintendent of the Sanitary Department shall be appointed by the City Council of East Point at its reorganization meeting in January of each year, to serve for a term of one year and until his successor is elected and quaiified, and any Assistant Superintendent provided for in said Department shall be appointed in like manner and for a like term; provided, that any appointment made after the reorganization meeting of the City Council of East Point in any given year shall be only until the reorganization meeting of the City Council in the next year and until the successor of such appointee is elected or appointed and qualified. The compensation of the Superintendent and of any Assistant Superintendent or other officer, agent or employee of said Sanitary Department shall be fixed by the City Council of East Point at its reorganization meeting in each year and may not be increased or decreased during the year for which the same is fixed; provided, however, that the duties of Superintendent, Assistant Superintendent, or other officer, agent or employee of said Sanitary Department may be placed upon any other officer, agent or employee of said City, without compensation, by the City Council of East Point; and, provided further, that in the interest of economy, any officer, agent or employee of said Sanitary Department may be removed at any time by the City Council of East Point, but the term of any person elected or appointed to any position in said Department may not be shortened without the consent of such officer, agent or employee except for cause, where the same is to be refilled immediately by some other person, and except after giving such officer, agent or employee reasonable opportunity to be heard and have a fair trial before the City Council of East Point on such charges as may be made the grounds for discharging such officer, agent or employee.
Section 20.
A majority of the members of any Board, Bureau, Committee, Commission, or other agency of said City, authorized to act for said City, or of any committee of the City Council of East Point, shall constitute a quorum for the transaction of any business properly before any such Board, Bureau, Commission or Committee, and in the event such quorum should at any time consist of only two persons, and such two members cannot agree with respect to any matter under consideration, such

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matter should be continued until the other member of said Board, Bureau, Commission or Committee can be present, unless the matter under consideration is an emergency matter in which event the decision of the member of such Board, Bureau, Commission or Committee of higher rank or position on such Board, Bureau, Commission or Committee shall control.
Section 21.
A Board of Registrars is hereby created for said City to consist of three persons, one of which shall serve a term of one year, and one a term of two years and one a term of three years from the date of their election and qualification in January, 1940; provided, that the first membt"rs of said Board elected under this Act shall serve until the reorganization meeting of the City Council in January, 1940, when all three members shall be elected to serve as above stated and thereafter, their successors shall each serve for a term of three years, and until their successors are elected and qualified. It shall be the duty of said Board of Registrars to register all persons entitled to vote within the City of East Point and to keep a true and correct registration list for each ward of all persons entitled to vote within said City. It shall be the duty of said Registrars to purge said registration list of the names of persons not entitled to vote or who have died or moved away from said City, and such purging shall be completed in sixty days from last date on which persons may register in each year. Said Board of Registrars shall have authority to appoint a Clerk or Secretary to handle the details of its office work, but all final decisions with reference to registration of voters within said City or the purging of the same from the registration list shall be made by said Board, the majority decision being final on any case. The Clerk or Secretary of said Board may handle all of the work of said Board if said Board confers such authority upon him, but any act or decision of said Clerk of which any person may complain shall be subject to review by said Board of Registrars, and all complaints and reviews must be made at least thirty days preceding any election in which such registration list shall be used. One of said Registrars shall be elected by the City Council of East Point from each ward. When the registration list shall have been purged as above provided, it shall be the duty of said Board to publish the entire registration list in the official organ of said City one time between July lst and July 15th, and any complaint of any dissatisfied person on account of any name being purged from, or left off, said list, and all requests for transfers of registration from one ward to another shall be made to the Secretary of said Board in writing within thirty days from the date of publication of said list and not thereafter. Such complaints shall be decided and requests for transfers granted as the facts and law of each case require within thirty days from date the same is filed and not thereafter, and the corrected registration list shall be completed not later than the first day of September in each year.
Section 22.
The City Council is hereby authorized and empowered to levy, assess and collect a sanitary tax for said City, varying in amount in accordance with the service required to be rendered not only upon the lot and lot owners of said City, but also upon and against the tenant or occupant of the lot. The rrumber of persons in a

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family, the amount of business done by a commercial establishment, the size of a residence, the size of a business establishment, the size of a lot, the number of employees of a business establishment, the number of hours the business establishment may be opened, the volume of business done by any commercial or manufacturing concern, the frequency of the service required, and any other reasonable circumstance or fact affecting the reasonableness or equity of the tax imposed may be taken into consideration and this tax, as well as any others said City may lawfully levy, except property taxes, may be imposed upon different classes of persons at different rates and upon different classes of business at different rates for the purpose of raising revenue or as a regulatory measure, and for the purpose of equitaoly levying such taxes the City Council shall he authorized and empowered to classify and reclassify trades, professions, lots, occupations, businesses, residents, persons, and they may then create classes within classes, and impose the taxes on an equitable, fair and reasonable basis, under all the facts and circumstances, provided that the minimum sanitary tax shall be three dollars.
Section 23.
The minutes of the City Council of East Point and of any committee, body, bureau, commission, board or authority of said City shall consist of a correct record of only the acts and doings of such bodies and shall not embrace comments or speeches of members of said bodies or of any other person.
Section 24.
The failure of an Alderman or other officer or member of the City Council, any Commission, Committee, Board, Bureau or body within the City Gover~ment of said City, to vote on any matter transacted at a meeting at which such person is in attendance shall be construed as a vote for it. The refusal or failure of a majority of the members present at any meeting of any such Board or body to vote shall be counted as votes in favor of the measure or matter under consideration. No person shall be declared elected, except as herein provided, to any office, place or position by the City Council of East Point, who shall not have received a majority of the votes of all of the members of the City Council, exclusive of the Mavor; provided, that in case of a tie the Mayor of said City shall be entitled to ~ote, except as herein provided, and the candidate receiving the majority in such event shall be declared elected; and provided further, that in the event three candidates should receive two votes each for three ballots, making a tie between three candidates, it shall then be the duty of the Mayor on the fourth ballot to vote in favor of one of the three, but not until after the third ballot, in which event the candidate receiving the highest vote will be declared elected. In the event one candidate should receive three votes, another two votes, and another one vote for three ballots, it shall then be the duty of the City Council to ballot on the two highest candidates, dropping the one receiving only one vote. In the event one candidate should receive three votes and three other candidates should receive one vote, three ballots shall be taken and then the candidate receiving the highest number of votes on the fourth ballot shall be declared elected. In event six candidates receive one vote each, making a tie between six persons for three ballots, the Mayor shall then nominate two out of the six, and then the City Council shall elect from these two candidates.

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Section 25.
Special meetings of the City Council of East Point shall be called in writing, and the call shall be entered on the minutes of the City Council. The call shall be signed by the City Clerk, shall specify the purpose for which the meeting was called, and shall be served by one of the police officers of said City on the Aldermen at least two days in advance of said meeting by delivery of a copy of said notice into the hands of such Aldermen or by leaving a copy of the same at the most notorious place of abode of such Aldermen within said City, an entry of which service by such officer shall be entered on the minutes of the City Council; provided, a meeting may be held without such notice by unanimous consent of all of the members of said City Council, entered on the minutes of the City Council.
Section 26.
All of the territory through which any water main, sewer, electric line, pole or facilities of said City may extend, and for ten feet in every direction from any of the facilities of said City is hereby incorporated and made a part of said City with the full jurisdiction over the same as if the same were within the corporate limits hereinbefore included within said City, except said City shall have no right to levy or assess taxes, outside the corporate limits of said City.
Section 27.
Tax returns made by the taxpayers may not be reduced by the City Council of East Point nor by any officer, agent or body of said City. Such returns may be increased by the Board of Tax Assessors of which increase thirty days notice shall be served upon the taxpayer by registered mail with return receipt requested, and if such taxpayer shall not appeal from the decision of such assessors to the City Council of East Point within fifteen days in writing, the assessment shall be final and shall not be subject to revision thereafter by anybody.
Section 28.
All municipal elections held within the City of East Point shall be held as heretofore except that the polls shall be opened from seven o'clock A. M. Central Standard Time to seven o'clock P. M. Central Standard Time, instead of from eight o'clock A. M. to three o'clock P. M. Central Standard Time.
Section 29.
All City, Bond and other elections held in said City shall be held separately in each of the wards. This means that there shall be a voting precinct with managers at which voters shall vote in each ward.
Section 30.
Vacancies on the City Council of East Point shall be filled by elections as heretofore, hut until an election can be held, the remaining Alderman from the ward in which the vacancy occurs shall fill the vacancy by appointment immediately upon the death, resignation or removal of the Alderman making such place vacant, and

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such appointment shall be until the election and qualification of an Alderman to fill such vacancy is held, and shall be entered on the minutes of the City Council.
Section 31.
Said City shall have authority to regulate the use of its streets for business purposes, including the right to impose a license or other reasonable tax on persons using its streets for business purposes, and authority to regulate, limit and prohibit use of such of its streets for such business purposes as it may deem proper, and no person, firm or corporation shall have the right to use the streets of said City for business or business purposes without the consent and license for such purpose from said City, and to this end said City may impose, assess, levy and collect a tax as a purely regulatory measure, or as a revenue measure.
Section 32.
Said City is hereby authorized to impose, levy, assess and collect a tax on billboards and advertising signs and on persons, firms or corporations erecting, maintaining or using bill-boards or advertising signs and may prohibit the same altogether, along the streets, highways, alleys and lanes and about the parks of said City.
Section 33.
Said City shall have the power and authority to buy and sell water, gas, or electricity within and without said City at cost or profit.
Section 34.
For police and sanitary purposes and to protect its property and the health, peace, happiness and general welfare of its citizens, said City may adopt ordinances binding on and enforceable against any and all persons, firms or corportions within one mile of said City; provided, no ordinance of said City shall affect or bind any person, firm or corporation within the limits of any other municipality, nor shall it embrace power to tax outside of East Point; provided, said City is not hereby granted the power or authority to interfere with the exercise by Fulton County of its powers without the limits of said City.
Section 35.
For the purposes of qualifying officers, agents or employees of the City of East Point required to take an oath, before entering upon the discharge of their duties, the Mayor and each Alderman of said City is hereby clothed with authority to administer such oaths, and may administer the oath to each other.
Section 36.
The veto power of the Mayor of the City of East Point extends to and embraces all ordinances, resolutions, regulations, motions, orders and actions of the City Council of East Point except the election or appointment of officers, agents and employees. In the election or appointment of officers, agents or employees, the Mayor shall not have any veto power and may veto in such matters only as in this Act provided.

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Section 37.
Impeachment proceedings before the City Council of East Point shall require the affirmative vote of at least four Aldermen to remove the Mayor from office, and shall require the affirmative vote of at least three Aldermen and the Mayor to remove an Alderman from office, or the affirmative vote of four Aldermen without the Mayor to remove another Alderman from office. The Mayor shall preside in all impeachment hearings except in the case of impeachment of the Mayor, in which case the Recorder of said City shall preside, but the Recorder shall not be entitled to vote even in case of a tie. On the trial of the Mayor on an impeachment hearing a tie vote shall be equivalent to an acquittal. An impeachment resolution shall not be subject to veto by the Mayor where the Mayor himself is the accused party. A judgment of conviction and removal in an impeachment proceeding shall not extend further than to disqualify the official impeached to thereafter hold any office of profit or trust under the government of said City. A judgment of conviction in an impeachment hearing shall of itself without further formality vacate the office of the officer impeached.
Section 38.
Four Aldermen of the City Council without the Mayor shall constitute a quorum to transact business, but a lesser number may meet and compel the attendance of others; to this end, less than a quorum meeting at the regular meeting time and place for City Council meetings shall have authority to punish absentees for their failure to attend after being notified to do so unless good cause be shown for not attending.
Section 39.
No Act carrying a concession, gift or donation, or levying or ratsmg a license, tax, penalty or assessment, or appropriating money shall be effective unless the same be favored by a majority of the City Council of East Point.
Section 40.
Every Ordinance shall be read at two different meetings of the City Council unless one reading thereof be waived by unanimous consent of the entire membership of the City Council of East Point.
Section 41.
Said City is authorized to require fire-escapes of such character and material as to be safe and the City may inflict penalties for violation of any Ordinance it adopts to this end.
Section 42.
The cost of party primary elections shall not be paid out of the Treasury of said City.
Section 43.
Managers and Clerks to hold elections in said City shall be notified of their

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appointment by the City Clerk and Managers shall fill the places of persons appointed who do not attend by the time for opening the polls for such elections. No voter of said City may vote in any Ward except in the Ward in which he is registered to vote on the date of the election in which he offers to cast his ballot, and any person moving from one Ward to another may have his registration transferred from the Ward from which he moved to the Ward into which he moved at any time up to but not later than August 15th next preceding the date of the election in which he offers to vote, but no person shall be allowed to transfer registration from one Ward to another until a bona fide change of residence to the new Ward is actually made.
Section 44.
It shall have authority to revoke without notice licenses for operating pool rooms, to sell wine or beer, dance-halls, cafes and hotels where alcoholic beverages are found, or which breed or encourage vice, road-houses, liquor stores, pawn shops, small loan offices, distilleries, salary assignment offices, carnivals, circuses, business of junk dealers, fortune tellers, and to close and prohibit the re-opening of such places, and to control athletics; it may create an Athletic Commission, define its powers and authority, prescribe its duties, and qualification of its members, and their terms of office, and compensation, if any.
Section 45.
Said City is hereby authorized and empowered to censor theatres, films, moving pictures, exhibitions, pictures, actors, acts, books, signs, symbols, and similar matters and to suppress and prevent their use, exhibition, portrayal, sale or distribution, when found by the City Council to be obscene immoral, filthy or vicious.
Section 46.
All sales conducted by the Marshal of the City of East Point shall be in the same manner as far as is practical, as Sheriff's sales, and the costs for making levy, advertising, and executing title papers shall be the same as in Sheriff's sales as far as practical; provided, however, that said sales shall be held at such place as may be provided for by the City Council of East Point and the charter of said City, and that the advertisement of said sales shall be in the official organ of said City.
Section 47.
The City Council of East Point is hereby authorized and empowered to elect, appoint and employ officers, agents and employees, other than Mayor, Aldermen, members of Boards, Commissions, Bureaus and the Recorder, to serve during good behaviour and efficient service for indefinite terms, such officers, agents and employees to be subject to promotion and advancement in accordance with their efficiency and length of service and to be subject to demotion and suspension, definite or indefinite, removal and discharge, for inefficiency, bad conduct, or violation of any law of said City; provided, that before demoting, suspending, discharging or removing any officer, agent or employee serving during good behaviour and efficient service, he or she as the case may be shall be entitled to a fair and impartial

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1329

hearing on charges preferred after reasonable notice and an opportunity to be heard on such charges before the City Council of East Point, except in cases of laying off persons in good faith for reasons of economy; provided, further, that the compensation of all persons serving during good behaviour and effici<!nt service shall be fixed at the regular reorganization meetion of the City Council in January of each year and shall not thereafter be increased or decreased until the next reorganization meeting of the City Council in the following year, except in case of demotion or suspension or in case of advancement or promotion from a lower to a higher position.

Section 48.
The compensation of all officers, agents and employees of said City shall be fixed by the City Council of East Point before the election or appointment of the officers, agent or employee who is to receive it, and no compensation shall be paid where this provision is not complied with; provided, this Section does not apply to the Mayor or Aldermen, or to a member of any Board, Bureau, or Commission, members of which are elected to serve a definite number ot years and shall not apply to the Recorder, the salary or compensation of all of which officers is fixed at the regular reorganization meeting of the City Council in January of each year.
Section 49.
No sale, conveyance or disposition by said City of its water or electric properties or franchises, or of any interest therein, shall ever be of any force or effect unless nor until approved by the duly qualified voters of said City voting at an election specially called by the City Council of East Point for this purpose, a notice of which election shall have been published at least once a week for at least four weeks next preceding such election in the official organ of said City, which notice shall contain a statement of the terms and conditions of the proposed sale, conveyance or disposition of such properties or franchises, and also a statement of the date of the election, the location of the voting precincts, and such other information as the City Council of East Point may order.
Section 50.
The City Council of East Point, the Recorder's Court of said City, any Board, Commission, Bureau, Committee or other similar body of said City charged with the administration of any of the affairs of said City shall have power and authority to compel the attendance of witnesses and the production of documentary evidence in any matter under investigation, and any person failing or refusing to attend as a witness or produce documentary evidence within his power, custody or control when notified or called upon to do so shall be subject to punishment prescribed by Ordinance of said City for violation of such provision.
Section 51.
The City Council of East Point shall have power and authority to require any officer, agent or employee of said City to assume and discharge the duties of any other office or position under the government of said City without extra compensa-

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tion; provided, no unreasonable burden or hardship may be imposed under this provision on any officer, agent or employee without just and adequate compensation.

Section 52.
For water furnished, and for all sewerage and sanitary service rendered, said City shall have a lien prior and superior to all other liens, claims or demands except taxes, against all of the real and personal property of the customer and against the premises served, whether the owner of such premises be the customer or not, from the date the water is contracted for, or such services commences, up to and until all charges therefor shall have been paid in full. Said City shall likewise have a special lien prior and superior to any and all others for taxes, licenses, permits, franchises, and against all persons and their property for all cost, charges, fines, penalties or assessments, and the interest thereon, which may be levied, assessed, charged or imposed, within and without the limits ot said City, and execution shall issue therefor as provided for by law, and the Ordinances of said City.
Section 53.
The City Council of East Point is hereby authorized to classify and establish within the Police and Fire Departments of said City positions of rank to which members of such departments may be promoted or demoted, for cause, and designate the same by such names as the City Council of East Point may prescribe by Ordinance to indicate the dignity or rank of the members to which such names are applied, distinguishing between the different ranks of dignity in said Departments by such differences in dress, uniform, sign or ensignia as said City Council may deem suitable or fitting.
Section 54.
All contracts to which said City is a party shall be in writing, and entered on the minutes of the City Council .of East Point, and no agreement or undertaking on behalf of said City by any officer, agent, employee, Committee or by the City Council itself shall be of any force or effect unless nor until the same shall have been reduced to writing and entered on the minutes of the City Council of East Point. To this end the act of any officer, agent, employee or Committee of said City with respect to any matter referred to them with power to act shall have no force or effect unless nor until the same shall have been reported back to the City Council of East Point and entered on the minutes of the City Council of East Point. A resolution adopted by the City Council of East Point and entered on the minutes shall be sufficiently definite on every essential feature of the contract or agreement to which said City may be a party, or on every essential part of the action and report of the action taken by any officer, agent, employee or Committee to which any matter may have been referred with power to act.

Section 55.
No contract in excess of $500.00 may be lawfully made by said City without first obtaining sealed competitive bids, but it shall not be mandatory that the contract be awarded in every case to the lowest or highest bidder. In all cases of purchases

TUESDAY, MARCH 14, 1939

1331

by the City the lowest and best bids shall be accepted and in all cases of sales by the City the highest and best bidder shall be accepted, provided, that said City shall not be compelled to let any contract to even the lowest and best bid, or highest and best bid, unless nor until said City shall be satisfied that it cannot obtain a better and lower bid on purchases, or a higher and better bid on sales; provided this Section shall not apply to sales by the Marshal of said City under executions levie4 or any other Marshal's sales.
Section 56.
All legal advertisements, notices and other matters of the City of East Point required to be published by law or by Ordinance shall be published in a newspaper which has been established for a period of two years or more and which is published in the City of East Point.
Section 57.
Each provision and section of this Act is hereby separately enacted and if any clause, sentence, paragraph, part or Section, or the application of any clause, sentence, paragraph, part or Section of this Act shall for any reason be adjudged to be invalid by any Court of competent jurisdiction, such judgment shall riot affect, impair, or invalidate the remainder of this Act, but shall be confined in its operation to the clause, sentence, paragraph, part, Section or particular application thereof directly involved in the controversy in which such judgment shall have been rendered.
Section 58.
All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the Committee, which was favorable to the passage of the bill, 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.
By Mr. Carmiachel of Butts -
House Bill No. 789. A bill to be entitled an Act to amend an Act creating a
new charter for the City of 1ackson; and for other purposes.
The report 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. 1. H. Ennis and Marion Ennis of Baldwin-
House Bill No. 802. A bill to be entitled an Act to amend an Act establishing a new charter for the City of Milledgeville; ~nd 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. Lanham, Davis and Rogers of Floyd--
House Bill No. 807. A bill to be entitled an Act to amend an Act creating a new charter for the City of Rome; and for other purposes.
The report 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. Etheridge and Kendrick and Mrs. Mankin of Fulton-
House Bill No. 811. 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.
The report 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 Abbot of the 18th District-
Senate Bill No. 209. A bill to be entitled an Act to amend the charter of the City of Augusta, so as to provide a municipal budget; and for other purposes.
The report 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 Senator Groover of the 37th District-
Senate Bill No. 216. A bill to be entitled an Act to amend an Act to consolidate the offices and duties of Tax Receiver and Tax Collector of Troup 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.

TUESDAY, MARCH 14, 1939

1333

The following bills of the Senate were read the first time and referred to the Committees:
By Senators Brinson of the 42nd, Palmour of the 33rd and Howe of the 38th Districts-
Senate Bill No. 89. A bill to be entitled an Act creating the office of Judge Emeritus and providing for the appointment of judges of the Court of Appeals thereto upon reaching the age of 70 years; and for other purposes.
Referred to Committee on General Judiciary No. I.
By Senator Brown of the 4th District-
Senate Bill No. 135. 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 Acts approved March 26, 1935, March 30, 1937, and December 29, 1937; and for other purposes.
Referred to Committee on Ways and Means.
By Senator Millican of the 52nd DistrictSenate Bill No. 172. A bill to be entitled an Act to aid the Western & Atlantic
Railroad by the creation of a commission authorized to contract in the name and on behalf of the State of Georgia, for the construction, occupancy, use and maintenance of income producing buildings; and for other rurposes.
Referred to Committee on Western and Atlantic Railroad.
By Senator Twiggs of the 40th DistrictSenate Bill No. 185. A bill to be entitled an Act to amend the "Equalizing
Educational Opportunities Act" (Georgia Laws 1937, pages 882-892) ; and for other purposes.
Referred to Committee on Education No. I.
By Senator Twiggs of the 40th DistrictSenate Bill No. 187. A bill to be entitled an Act to adopt an official coat
of arms and an official flag for the State of Georgia; and for other purposes.
Referred to Committee on State of Republic.
By Senator Palmour of the 33rd DistrictSenate Bill No. 200. A bill to be entitled an Act to amend Chapter 95-18
of the Code of Georgia of 1933, relating to the designation of railroad crossings as safe or unsafe; and for other purposes.
Referred to Committee on Railroads. By Senators Spivey of the 16th, Harrell of the 7th, Brinson of the 42nd, Lindsay
of the 34th, Causey of the 46th, Manning of the 39th and Howe of the 38th Districts-

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Senate Bill No. 206. A bill to be entitled an Act to authorize and provide the effect of docketing, indexing and recording certified copies of petitions commencing proceedings under the Bankruptcy Act of the United States; and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Senator Durden of the lOth District-
Senate Bill No. 208. A bill to be entitled an Act to empower the State Department of Public Health to acquire property for certain purposes; and for other purposes.
Referred to Committee on Hygiene and Sanitation.
By Senators Daves of the 14th and Dorminy of the 45th Districts-
Senate Bill No. 211. A bill to be entitled an Act to amend Sections 69-414 and 69-417 of the Code which relate to manners of providing for street improvements; and for other purposes.
Referred to Committee on Municipal Government.
By Senator Millican of the 52nd DistrictSenate Bill No. 214. A bill to be entitled an Act to provide for the examina-
tion of master and journeyman plumbers and steam fitters, carrying on said vocations in counties having a population of 150,000 inhabitants or more by the United States Census of 1930 or any future United States census; and for other purposes.
Referred to Committee on Industrial Relations.
By Senator Brinson of the 42nd DistrictSenate Bill No. 219. A bill to be entitled an Act to amend an Act 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 Ways and Means.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House substitute to the following bill of the Senate, to-wit:
By Senator Millican of the 52d DistrictSenate Bill No. 4. A bill regulating the sale, giVIng away or bartering of
drugs which have a base or are derived from barbital; and for other purposes.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:

TUESDAY, MARCH 14, 1939

1335

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the Senate, to-wit:
By Senator Kelley of the 30th District-
Senate Bill No. 223. A bill to amend Georgia Laws, 1935, pages 687-690, as amended, creating the office of Tax Commissioner of Hart County, by providing for the employment of clerical help by said 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 reqms1te constitutional majority the following bills and resolutions of the Senate and House, to-wit:
By Senator Brown of the 4th District-
Senate Bill No. 135. A bill to amend Title 92 ("Public Revenue") of the Code of 1933 by amending subsection (3) of subsection ( 1) defining resident; and for other purposes.
By Senator Durden of the lOth District-
Senate Bill No. 208. A bill to empower the State Department of Public Health to acquire property for certain purposes; and for other purposes.
By Senators Daves of the 14th and Dorminy of the 45th DistrictsSenate Bill No. 211. A bill to amend the Code relating to the manner in which
assessments for municipal street improvements shall be payable in installments; and for other purposes.
By Senator Brinson of the 42d DistrictSenate Bill No. 219. A bill to amend an Act changing the classes and amounts
of commissions allowed to Tax Receivers and Tax Collectors; and for other purposes.
By Senator Palmour of the 33d DistrictSenate Bill No. 200. A bill to amend the Code relating to the designation of
railroad crossings as safe or unsafe; and for other purposes.
By Mr. Corbett of Atkinson-
House Bill No. 537. A bill to propose an amendment to the Constitution so as to allow the City of Pearson to incur an additional bonded indebtedness; and for other purposes.
By Mr. Ferguson of Sumter-

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JOURNAL OF THE HOUSE,

House Bill No. 665. A bill to amend an Act approved August 21, 1911, by providing for the date of election for the Town of Leslie; and for other purposes.
By Mr. Bray of Bartow-
House Resolution No. 184. A resolution asking the Treasury Department of the United States to purchase essential war materials in Georgia.
By Messrs. Joel and Bennett of Clarke-
House Resolution No. 185. A resolution requesting that the souvenirs gathered by Fred A. Birchmore be placed on display at the New York World's Fair.
By Messrs. Atkinson of Chatham, Bennett and Williams of Ware, and others-
House Resolution No. 189. A resolution urging Hon. Carl Vinson, to use every effort to have the Navy Department to specify the use of gum spirits turpentine as a paint thinner; 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 bills of the House, to-wit:
By Messrs. Harris of Richmond and Parker of Colquitt-
House Bill No. 280. A bill to define shares of stock and certificates of stock in corporations; and for other purposes.
By Messrs. McGraw and Hatchett of MeriwetherHouse Bill No. 378. A bill to establish a City Court of Greenville; and for
other purposes.
By Mr. Pannell of MurrayHouse Bill No. 614. A bill to amend an Act entitled an Act to consolidate and
abolish the offices of Tax Receiver and Tax Collector of Murray County; and for other purposes.
Mr. Brooks of Oglethorpe moved that the House reconsider its action in failing to pass the following bill of the House, to-wit:
By Messrs. Brooks of Oglethorpe, Herndon of Hart, Griffin of Wilkes, Hardman of Madison, Bennett of Clarke, and many others-
House Bill No. 590. A bill to be entitled an Act to legaiize seining from July 15th to September 1st of each year in certain counties of this State; and for other purposes.
On the motion to reconsider, the ayes were 63, the nays 48, and the motion prevailed.

TUESDAY, MARCH 14, 1939

1337

Under the continuing 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. Candler, Sams and Turner of DeKalb-
House Bill No. 674. A bill to be entitled an Act granting to the Commissioners of Roads and Revenues in counties of a certain population authority to adopt and enforce zoning ordinances in certain territories; and for other purposes.
The report 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. Moore of Lumpkin moved that the House consider its action in failing to adopt the following resolution of the House, to-wit:
By Mr. Moore of Lumpkin-
House Resolution No. 105-394 B. A resolution proposing an amendment to Article 7, Section 1, Paragraph 1, of the Constitution of Georgia, providing how and for what purposes taxation may be exercised by adding to the said Article, Section and Paragraph a provision to care for the widow of a Confederate soldier; and for other purposes.
On the motion to reconsider, the ayes were 75, the oays 34.
The motion prevailed, and the resolution was placed at the foot of the calendar.
The following Communication from his Excellency, the Governor, was submitted and read:

State of Georgia Executive Department E. D. Rivers, Governor
Atlanta
March 14, 1939. To Honorable Roy V. Harris, Speaker of the House of Representatives and the Members Thereof. Dear Mr. Speaker and Members of the House:
On yesterday I received a letter from the Gentleman from Laurens, Mr. Lovett, suggesting that I call an extraordinary session of the Legislature to convene

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JOURNAL OF THE HOUSE,

on June 1, 1939, to finance the present State program. Copy of my reply to his letter is attached herewith for your information and consideration.

Respectfully submitted,

EDR:G

E. D. Rivers, Governor.

Enc.

State of Georgia Executive Department

E. D. Rivers, Governor Downing Musgrove, Secretary Executive Department

Atlanta

March 14, 1939.

Honorable W. H. Lovett, House of Representatives, State Capitol, Atlanta, Georgia.

Dear Sir:

Your letter, suggesting that I call an extraordinary session of the Legislature June I, 1939, to finance the present State program is noted. It seems to me that your letter is premature in that I certainly cannot start giving consideration to calling an extra session of the Assembly before the regular session of the Assembly has completed its work.
To my mind, it is unthinkable that this session of the Assembly will adjourn without providing funds with which to keep the school house doors open, to feed the insane, to care for the tubercular patients at Alto and provide a pittance of a pension for the old people. An extra session June I, 19"39, would be too late to provide for the schools this term, would be too late to provide money for the immediate feeding of the insane, would be too late to provide for the immediate care of the tubercular and the old people.
There yet remains enough time in this session to make provision for these specific emergency needs. We know accurately these needs; for instance, we know accurately how much it will take to keep the school house doors open, all of which money goes directly to the local schools and none of which carries any State overhead.
The House of Representatives adopted, voluntarily and unanimously, a resolution, which was later unanimously approved by the Senate, pledging to the people of Georgia that funds would be provided at this regular session of the Legislature

TUESDAY, MARCH 14, 1939

1339

to pay the school teachers in full and keep the school house doors open this term. Acting on the faith of this pledge, teachers have been teaching without pay and schools have been kept open, and I cannot acquiesce in a repudiation of this pledge on the part of the General Assembly.

Respectfully yours,

EDR:G

E. D. Rivers, Governor.

The following bill of the House was taken up for the purpose of considering the Senate amendments thereto:

By Messrs. Harris, Lanier and Jones of Richmond, Kendrick of Fulton and MeNall of Chatham-
House Bill No. 49. A bill to be entitled an Act to amend an Act known as "Unemployment Compensation Law"; and for other purposes.

The following Senate amendments to House Bill No. 49, were read and adopted:

The Senate moves to amend House Bill No. 49 as follows:

AMENDMENT 1. Section 4, Line 4--Amend by striking "be" and inserting "by".

AMENDMENT 2.

Section 6,-By striking the first lines of the figures as follows:

37.50 78.01

78.00

3.00

90.00

104.00

4.00

120.00

48.00 64.00

AMENDMENT 3.

Section 7. By striking the words "next higher" in the last sentence of said section and inserting in lieu thereof the word "nearest" so that when amended Section 7 shall read as follows:
"Section 7. By striking subsection (c) of Section 3 and inserting in lieu thereof a new subsection to be known and numbered as Section 3(c), namely:
"(c) Weekly Benefit for Unemployment. Each eligible individual who is unemployed in any week shall be paid with respect to such week a benefit in an amount to equal to his weekly benefit amount less that part of the wages (if any) payable to him with respect to such week which is in excess of $2.00. Such benefit, if not a multiple of $1.00, shall be computed to the nearest multiple of $1.00."

AMENDMENT 4.
By adding at the end of Section 7, paragraphs to be designated Paragraph (d) and Paragraph (e) and to read as follows:
" (d) Pending the report of the Commissioner to the Governor not later

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JOURNAL OF THE HOUSE,

than December 1st, 1941, and until otherwise provided by law, the Commissioner shall maintain a separate account for each employer, and shall credit his account with all the contributions paid on his own behalf.
" (e) The Commissioner shall, for the year 1942, and for each calendar year thereafter, classify employers in accordance with their actual experience in the payment of contributions on their own behalf and with respect to benefits charged against their accounts, with a view of fixing such contribution rate as will reflect such experience."
AMENDMENT 5.
By adding a new section to be appropriately numbered by the Secretary, to-wit:
"Section 7(a), that Section 7 of said act be further amended by adding thereto a new paragraph to be known as Section 7(a) and (3)-'Section 7(a) (3)'."
The amount of the contributions shall not be computed upon the total wages in excess of the amount now fixed or limited, or that may be fixed or limited under the provisions of Title 9, of the United States "Social Security Act 'approved August 14, 1935' ".
AMENDMENT 6.
Section 8 by striking Section 8 in its entirety and substituting a new section to be numbered Section 8 and to read as follows:
"Section 8. By striking subsections (d) and (e) of Section 3 of the Georgia Unemployment Compensation Act and by inserting in lieu thereof one new subsection to be known and numbered as Section 3 (d) and to read as follows:
"(d) Duration of Benefits. Any otherwise eligible individual shall be entitled during any benefit year to the amount appearing in Column D of the table in Section 3 (b) on the line on which, in Column B of the table, appears his weekly benefit amount; provided that the maximum total benefits payable during any benefit year to an eligible employee whose unemployment occurs by reason of his having
left work voluntarily without good cause as provided in Section 5 (a) of the
Act, or by reason of his having been discharged for misconduct connected with
his work as provided by Section 5 (b) of the Act, or by reason of his having
failed without good cause either to apply for available suitable work when so directed by the employment office or the Commissioner or to accept suitable work when offered him or to return to his customary self-employment (if any)
when so directed by the Commissioner as provided in Section 5(c) of the Act,
shall not exceed eleven times the amount of his Weekly Benefit as shown in Column B of the table in Section 3 (b) of the Act as herein provided."
AMENDMENT 7.
By adding a new section to be known as Section 8 (a) and reading as follows:
"Section 8(a)-By striking subsection (c) of Section 9 and inserting in lieu thereof a new subsection to be known and numbered as subsection 9(c) namely:

TUESDAY, MARCH 14, 1939

1341

"Withdrawals. Moneys shall be requisitioned from this State's account in the unemployment trust fund solely for the payment of benefits and in accordance with regulations prescribed by the commissioner. The commissioner shall from time to time requisition from the unemployment trust fund such accounts, not exceeding the amounts standing to this State's account therein, as he deems necessary for the payment of benefits for a reasonable future period. Upon receipt thereof the Treasurer shall deposit such moneys in the benefit account and shall issue his warrants for the payment of benefits solely from such benefit account. Expenditures of such moneys in the benefit account and refunds from the clearing account shall not be subject to any provisions of law requiring specific appropriations or other formal release by State officers of money in their custody. All warrants issued by the Treasurer for the payment of benefits and refunds shall bear the signature of the Treasurer and the countersignature of the commissioner or his duly authorized agent for that purpose, (and the commissioner shall furnish, upon request, a satisfactory record of each payment from the benefit account to the last employer of the employee receiving such benefit payment). Any balance of moneys requisitioned from the unemployment trust fund, which remains unclaimed or unpaid in the benefit account after the expiriation of the period for which such sums were requisitioned, shall either be deducted from estimates for, and may be used for the payment of, benefits during succeeding periods, or, in the discretion of the commissioner, shall be redeposited with the Secretary of the Treasury of the United States of America, to the credit of this State's account in the unemployment trust fund, as provided in subsection (b) of this section."
AMENDMENT 8.
Strike sub-paragraph "C" line 3 of Section 10 the words "next higher" and insert in lieu "nearest".
AMENDMENT 9.
By striking Sections 13 and 14 in its entirety and to re-number other sections to conform.
AMENDMENT 10.
By adding a new section to be numbered 25-A, and to read as follows:
SECTION 25-A-By adding at the end of the second paragraph 19(f) of the "Unemployment Compensation Law", the following:
"Provided, however, that no employing unit shall be liable for the employer's contributions of any contractor, sub-contractor, lessee or other such party, or their employees, when in good faith such employees are employed at the will of, and are subject to be hired or discharged only by said contractor, sub-contractor, lessee, or other such party.
AMENDMENT11.
By striking from Section 17 (f) lines 32 and 33, of the printed bill, the words "Not past-due", so that the clause amended shall then read as follows: "The amount

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JOURNAL OF THE HOUSE,

of such execution shall become a lien upon the title to and interest in all real and personal property, including choses in action, except negotiable instruments of the employer against whom the execution is issued in the same manner as a judgment of a Superior Court."
The following amendments to House Bill No. 49, were read:
The Senate moves to amend House Bill No. 49 as follows:
Amendment No. 12.
By amending the caption thereof by adding thereto the following language:
"To provide for a separate department to be known as the Department of Unemployment Compensation; to provide that the Department of Unemployment Compensation shall be the successor to the Bureau of Unemployment Compensation; to define the term 'Commissioner'; to provide that rules and regulations heretofore issued shall remain in full force and effect unless revised; and for other purposes."
Amendment No. 13.
By adding to House Bill No. 49 a new section, to be appropriately numbered, and to read as follows:
Section lO(a) of the Unemployment Compensation Act be and the same is hereby amended by striking the said Section 10 (a) in its entirety and by substituting in lieu thereof a new Section lO(a) to read as follows:
"There is hereby created a Department to be known as the Department of Unemployment Compensation which shall be administered by a full time salaried Commissioner. The Governor shall appoint the Commissioner, by and with the advice and consent of the Senate, for a term of four years; provided, however, that the Department of Unemployment Compensation hereby created shall be the successor to the Bureau of Unemployment Compensation created under the Unemployment Compensation Law as amended, and that there shall be transferred to such Department, as of the effective date of this Act all appropriations, property, records, and personnel of the said Bureau of Unemployment Compensation."
By adding thereto a new section, to be appropriately numbered, and to read as follows:
Section 19(c) of the Unemployment Compensation Law be and the same is hereby amended by striking therefrom the said section in its entirety and by substituting in lieu thereof as Section 19 (c) the following language:
"'Commissioner' means the Commissioner of the Department of Unemployment Compensation. Provided, however, that wherever the word Commissioner appears in the Unemployment Compensation Law as amended by this Act, it shall, from the effective date of this Act, be deemed to refer to the Commissioner of the Depart: ment of Unemployment Compensation, and provided further that wherever the term 'Department of Labor' appears in the Unemployment Compensation Act as amended

TUESDAY, MARCH 14, 1939

1343

by this Act, it shall be deemed to refer to the Department of Unemployment Compensation. Provided further that all Rules and Regulations heretofore issued by the Commissioner of Labor in accordance with the Unemployment Compensation Law shall remain of full force and effect, unless especially revised, revoked, or repealed by the Commissioner of Unemployment Compensation."

Mr. Forrester of Crisp moved that the House disagree to Senate amendments Nos. 12 and 13, to House Bill No. 49.

Mr. Rawlins of Telfair moved that the bill and all amendments be postponed indefinitely.

Mr. Gross of Stephens 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.

Further consideration of Senate amendments Nos. 12 and 13, to House Bill No. 49, was resumed.

On the adoption of Senate amendments Nos. 12 and 13, Mr. McNall of Chatham moved the previous question, and the motion prevailed.

On the motion to indefinitely postpone, Mr. Forrester of Crisp moved the ayes and nays, and the call was not sustained.

On the motion to indefinitely postpone, the ayes were 55, the nays 79, and the motion was lost.

Mr. Harris of Richmond moved that the House agree to Senate amendments Nos. 12 and 13, to House Bill No. 49.

On the motion, Mr. Harris of Richmond moved the ayes and nays, and the call was sustained.

The call was ordered and the vote was as follows:

Voting in the affirmative were Messrs.:

Aiken Allen Almand Ansley Atkinson Barrett Bell Bennett of Ware Binion Bloodworth Boyd of Cook Boyd of Greene

Branch Bray Brooks of Jackson Bush Bynum Carmichael of Butts Chappell Clary Clements of Calhoun Connell Corbett Dallis

Daughtry Davidson Davis of Floyd Dockery Drake Ennis, J. H. Ennis, Marion Etheridge of Baker Etheridge of Fulton Etheridge of Houston Evans of Laurens Flanders

1344

JOURNAL OF THE HOUSE,

Fowler of Treutlen Gaines Gavin Gill Goddard Goolsby Graham Grayson Greene Grice Griffin Gross of Stephens Gross of Washington Harrison of Crawford Harrison of Jenkins Harvey Hatchett Hayes Herndon jackson Johnson

Kelley Kendrick: Kennedy Key Lanham Lanier Lewis Mankin Mason McCracken McGraw McNall Merritt Miller Moore of Lumpkin Moore of Taliaferro Mosely Pilcher Preston Purdy Ragan

Those voting in the negative were Messrs.:

Allison of White Barlow Bennett of Clarke Blease Brooks of Oglethorpe Bruce Campbell Candler Carmichael of Cobb Carrington Carter Cheney Claxton Cobb Cook Culpepper of Fayette Curry Davis of Coweta DeFoor Drinkard Edwards of Lowndes Edwards of Taylor Elliott English Evans of McDuffie

Ferguson of Camden Ferguson of Sumter Ford Forrester of Crisp Franklin of Bulloch Franklin of Polk: Guyton Harden Henderson Hill Hinson Howard Jones of Paulding Kimbrough King Looper Lovett Marshall Maxwell McBride Middleton Mills Morgan Pannell Parham

Rossee Rountree Sapp Sartain Scott Smith of Henry Stiles Swindle Tate Terrell Thigpen of Evans Tipton Trippe Vickery Wages Wells Whipple Whitaker Williams of Bacon Yeomans
Pharr Pierce Rawlins Rees Reid Rogers Roughton Sabados Sams Sanders Smiley Smith of Schley Strickland of Haralson Strickland of Pierce Summerour Sumner Thornton Tippins Tomlinson Turner Warren Wiggins Williams of Ware Wohlwender Wright

TUESDAY, MARCH 14, 1939

1345

Those not voting were Messrs.:

Allison of Gwinnett Beck Blackshear Clark Clements of Marion Clements of Wheeler Conner Coogler Culpepper of Mitchell Dean Dickerson

Douglass Easley Forrester of Dade Foster Fowler of Douglas Gowen Grant Hardman Holtzendorff Joel Jones of Brantley

Jones of Richmond Kaigler McDaniel Moss Parker Saunders Simmons Thigpen of Glascock Yawn

By unanimous consent, the roll call was "erified.
On the motion to agree to Senate amendments Nos. 12 a.nd 13, to House Bill No. 49, the ayes were 98, the nays 75, and the motion was lost.
Senate amendments Nos. 12 and 13, to House Bill No. 49, were disagreed to.
Under the continuing 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. Beck and Reid of Carroll-
House Bill No. 274.

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 Carrollton 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; also, to provide for the refunding of certain bonds becoming due in 1940, 1941, and 1942, in the amount of $5,000.00 due each of said years; to provide for funds to be raised for said issues to be used exclusively for said outstanding bonds; to provide for ratification of the amendment 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 Carrollton may issue refunding serial bonds not in excess of the aggregate sum of Sixteen Thousand ($16,000.00) Dollars for the

1346

JOURNAL OF THE HOUSE,

purpose of refunding and retiring any bonded indebtedness of said city past due and unpaid up to and including January 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 Carrollton 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; also, the Mayor and City Council of Carrollton shall at its option refund certain bonds due as follows: $5,000.00 in the year 1940; $5,000.00 in the year 1941 ; $5,000.00 in the year 1942. Said refunding bonds shall be issued when authorized by a vote of the Mayor and City Council of Carrollton and shall be validated as provided by law.
Section 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 I, of the Constitution, authorizing the City of Carrollton 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 amendme11t of Article 7, Section 7, Paragraph I, of the Constitution, authorizing the City of Carrollton 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 the ratification thereof when 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 I, of the Constitution of the State, and the Governor shall make a proclamation therefor, as provided by law.
Section 3. All laws and parts of laws in conflict herewith are hereby repealed.
The following amendment to House Bill No. 274, was read and adopted:
Beck and Reid of Carroll move to amend House Bill No. 274 by striking from the caption of said bill and from the last clause in the sentence next to the last in Section I the following words:
"Also the Mayor and City Council of Carrollton shall at its option refund certain bonds due as follows: $5,000.00 in the year 1940; $5,000.00 in the year 1941 ; $5,000.00 in the year 1942."
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:

TUESDAY, MARC!-! 14, 1939

13-+7

Those voting in the affirmative were llvlessrs.:

Aiken Allen Allison of White Almand Ansley Atkinson Barlow Barrett Beck Bell Bennett of Clarke Bennett of Ware Binion Blease Bloodworth Boyd of Cook Boyd of Greene Branch Bray Brooks of Jackson Bruce Bush Bynum Campbell Candler Carrington Cheney Clary Claxton Clements of Calhoun Clements of Marion Clements of Wheeler Cobb Connell Cook Corbett Culpepper of Fayette Curry Dallis Daughtry Davidson Davis of Coweta Davis of Floyd Dean DeFoor

Dockery Drake Drinkard Edwards of Lowndes Edwards of Taylor Elliott Ennis, J. H. Ennis, Marion Etheridge of Baker Etheridge of Fulton Etheridge of Houston Evans of Laurens Evans of McDuffie Ferguson of Camden Ferguson of Sumter Ford Forrester of Crisp Foster Fowler of Treutlen Franklin of Bulloch Franklin of Polk Gaines Gavin Gill Goddard Goolsby Gowen Graham Grayson Greene Grice Griffin Gross of Stephens Gross of Washington Guyton Harden Harrison of Crawford Harrison of Jenkins Harvey Hatchett Henderson Herndon Hill Hinson Howard

Joel Johnson Jones of Brantley Jones of Paulding Kendrick Kennedy Key Kimbrough King Lanham Lewis Looper Lovett Mankin Marshall Mason Maxwell McBride McCracken McGraw McNall Merritt Middleton Mills Moore of Lumpkin Moore of Taliaferro Morgan Mosely Pannell Parham Parker Pierce Purdy Ragan Rawlins Rees Reid Rogers Rossee Roughton Rountree Sabados Sams Sanders Sapp

1348

JOURNAL OF THE HOUSE,

Sartain Scott Smiley Smith of Henry Stiles Strickland of Haralson Strickland of Pierce Sumner Swindle Tate

Terrell Thigpen of Evans Thornton Tippins Tipton Tomlinson Trippe Turner Vickery Wages

Warren Wells Whipple Whitaker Wiggins Williams of Bacon Williams of Ware Wohlwender Wright Yeomans

Those not voting were Messrs.:

Allison of Gwinnett Blackshear Brooks of Oglethorpe Carmichael of Butts Carmichael of Cobb Carter Chappell Clark Conner Coogler Culpepper of Mitchell Dickerson Douglass

Easley English Flanders Forrester of Dade Fowler of Douglas Grant Hardman Hayes Holtzendorff Jackson Jones of Richmond Kaigler Kelley

Lanier McDaniel Miller Moss Pharr Pilcher Preston Saunders Simmons Smith of Schley Summerour Thigpen of Glascock Yawn

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

On the passage of the bill, as amended, the ayes were 165, the nays 0.

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

By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton-

House Bill No. 473. A bill to be entitled an Act to provide that in Fulton County various county officials may name a chief deputy who would succeed such official in office if a vacancy should occur; and for other purposes.
The report of the Committee, which was favorable to the passag~ 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 Warnell of the 1st District-
Senate Bill No. 151.

TUESDAY, MARCH 14, 1939

1349

A BILL
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, incorporated in the Code of Georgia 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 securing and establishing an industrial and domestic water supply in addition to the present water supply of the City of Savannah, and for the purpose of purchasing equipment necessary to establish said water supply and for the purpose of purchasing rights-ofway, pipe lines, and all other necessary equipment and machinery needed in the construction of such water plant, and for the purpose of constructing and erecting a suitable water plant to supply additional water for industrial and domestic purposes; to provide that all funds received from such additional bonded indebtedness shall be used exclusively for the purpose of establishing, constructing, and erecting a water plant in the vicinity of the City of Savannah for industrial and domestic purposes; 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 a 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 of 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 7, Section 7, Paragraph 1, of the Constitution of the State of Georgia, incorporated in the Code of Georgia 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, to-wit:
"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 aggregate sum of One Million ($1 ,000,000.00) Dollars, for the purpose of acquiring and establishing an industrial and domestic water supply for the City of Savannah and vicinity, and shall provide for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said serial bonds as they become due. Said serial bonds as 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 serial bonds so issued by the City of Savannah shall be used exclusively for the purpose of acquiring land and rights-of-way necessary for establishing, constructing and erecting a water plant for industrial and domestic purposes, for the purchase of necessary equipment, for the purchase of pipe lines, for the purpose of installing said equipment and all necessary machinery and for the purpose of erecting and constructing a water plant to secure an additional water supply for industrial and domestic purposes. Said serial bonds shall be issued and validated when authorized by the affirmative vote of the requisite two-thirds of the qualified voters of the City of Savannah in an election to be held in accordance with and in cqmpliance with the Law of the State of Georgia as incorporated in the

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Code of Georgia of 1933, Code Sections 87-201 to 87-204, both inclusive. The Mayor and Aldermen of the City of Savannah are authorized by a majority vote to fix the rate of interest of said bonds at least thirty (30) days next preceding the date of the election."
SECTION 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 House, it shall be entered upon the journal of each House with the "ayes" and "nays" thereon, and shall be published in one or more newspapers in each Congressional District in the State of Georgia for two 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 serial bonds to acquire, establish, erect and construct an additional water supply plant for industrial and domestic purposes," 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 l, of the Constitution, authorizing the City of Savannah to issue serial bonds to acquire, establish, erect and construct an additional water supply plant for industrial and domestic purposes"; and if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof when the result shall be consolidated as now required by law in election for members of the General Assembly, 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.
SECTION 3. Be it further enacted by the Authority aforesaid, that all laws or parts of laws in conflict with this Act be and the same are hereby repealed.
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. :

Aiken Allen Allison of White Almand Ansley Atkinson Barrett Beck Bell

Bennett of Ware Binion Blease Bloodworth Boyd of Cook Boyd of Greene Branch Bray Brooks of Jackson

Brooks of Oglethorpe Bruce Bynum Candler Carrington Claxton Clements of Calhoun Clements of Wheeler Connell

TUESDAY, MARCH 14, 1939

1351

Cook Corbett Culpepper of Fayette Curry Dallis Daughtry Davidson Davis of Floyd Dean DeFoor Dockery Drinkard Edwards of Lowndes Edwards of Taylor Ennis,]. H. Ennis, Marion Etheridge of Baker Etheridge of Fulton Etheridge of Houston Evans of Laurens Evans of McDuffie Ferguson of Camden Ferguson of Sumter Ford Forrester of Crisp Foster Fowler of Treutlen Franklin of Bulloch Franklin of Polk Gaines Gill Goddard Gowen Graham Grayson Greene Grice Griffin Gross of Stephens

Gross of Washington Harden Harrison of Crawford Harrison of Jenkins Harvey Hatchett Henderson Herndon Hill Hinson Howard Jackson Joel Jones of Brantley Jones of Pauling Kelley Kennedy Key Kimbrough King Lanham Lewis Lovett Mankin Mason Maxwell McBride McCracken McGraw McNall Merritt Middleton Mills Moore of Taliaferro Morgan Mosely Pannell Parham Parker

Those not voting were Messrs.:

Allison of Gwinnet Barlow Bennett of Clarke Blackshear Bush Campbell

Carmichael of Butts Carmichael of Cobb Carter Chappell Cheney Clark

Pharr Pierce Pilcher Preston Rees Reid Rossee Rountree Sabados Sams Sanders Sapp Sartain Scott Smiley Smith of Henry Smith of Schley Stiles Strickland of Haralson Strickland of Pierce Swindle Tate Thornton Tippins Tomlinson Trippe Turner Vickery Wages Warren Wells Whipple Whitaker Wiggins Williams of Bacon Williams of Ware Wohlwender Wright Yeomans
Clary Clements of Marion Cobb Conner Coogler Culpepper of Mitchell

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Davis of Coweta Dickerson Douglass Drake Easley Elliott English Flanders Forrester of Dade Fowler of Douglas Gavin Goolsby Grant Guyton

Hardman Hayes Holtzendorff Johnson Jones of Richmond Kaigler Kendrick Lanier Looper Marshall McDaniel Miller Moore of Lumpkin Moss

Purdy Ragan Rawlins Rogers Roughton Saunders Simmons Summerour Sumner Terrell Thigpen of Evans Thigpen of Glascock Tipton Yawn

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

By Messrs. Gowen of Glynn and DeFoor of Mcintosh-
House Bill No. 352. A bill to be entitled an Act to prohibit the taking, buying, selling or possessing of spawning crabs during certain months; and for other purposes.
The following amendment to House Bill No. 352, was read and adopted:

Mr. Gowen of Glynn moves to amend House Bill No. 352, Section 1, by striking therefrom the month of May.

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 116, the nays 0.

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 amendment thereto:

By Messrs. Sartain and Kelley of Walker-
House Bill No. 617. A bill to be entitled an Act to amend the charter of the City of Rossville providing for operation and maintenance of revenue-producing, public work, authorizing and regulating the issuance of bonds for financing such works; and for other purposes.
The following Senate amendments to House Hill No. 617, were read and agreed to:

TUESDAY, MARCH 14, 1939

1353

The Senate moves to amend House Bill No. 617 by adding to the caption the following :
By providing for the adoption of a resolution defining territory outside the corporate limits in which the municipality shall engage in public works, creating a Board of Joint Control defining its powers and providing for the issuance of a permit to non-resident Municipal Corporations; and for other purposes.
The Senate moves to amend House Bill No. 617 as follows:
Be it enacted by the General Assembly of Georgia that Section II of the above entitled bill be, and the same is hereby amended as follows:
Paragraphs 1 and 2 of Section II of said bill are amended by striking the same entirely and inserting in lieu thereof the following:
( 1) To construct, acquire by purchase or gift, or the exercise of the right of eminent domain, reconstruct, improve, better or extend any public works, within or without the city limits of said municipality or partially within or partially without the limits of said municipality, and not exceeding a radius of one-half
(0) mile from the present, or any future corporate limits, and to use by purchase,
gift or the exercise of the right of eminent domain, land or rights in land or water rights in connection therewith.
(2) To operate and maintain any public works for its own use or for the use and benefit of its inhabitants and also to operate and maintain such public works for the use and benefit of persons, firms, corporations, companies, and political subdivisions and their inhabitants thereof whose residence or place of business are located within a one-half (0) mile radius of the present or future city limits of Rossville.
Be it further enacted by the General Assembly of Georgia that Section II of the above entitled bill be, and the same is hereby amended by adding thereto the following additional provisions:
8. In the event the Mayor and Council of the City of Rossville desire to engage in any of the "public works" named in said bill, the governing authorities of said municipality shall adopt a resolution specifying therein the territory without the corporate limits of the city affected thereby, and the particular "public works" it will engage in. Said resolution shall be entered on the books of said city where such resolutions are recorded.
9. In the event the City of Rossville by resolution decides to engage in any of the "public works" without the corporate limits of said city, as defined in paragraphs numbered 1 and 2 of Section II of said bill, and adopts the resolution provided for in paragraph 8, then and in that event, a Board of Joint Control composed of five members shall exercise equal authority with the Mayor and Council of the City of Rossville over the "public works" without the corporate limits, said Board having equal authority with the Mayor and Council.
10. In the event of a disagreement on any question, a majority in number of the Mayor and Council and the Board shall decide the controversy.

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11. Said Board of Control shall consist of five members. Two members of said Board shall be appointed for a period of four years, two for a period of six years, and one for a period of eight years, and each member thereof shall serve until his successor is appointed. Any resident of Georgia shall be eligible to serve on said Board. The first Board shall consist of the following named persons, to-wit: C. E. Carter and F. M. Gleason, who are appointed for a period of four years; J. L. Buchanan and L. 0. Ledford, who are appointed for a term of six years; and T. A. Yates, who is appointed for a term of eight years, and who shall act as Chairman of said Board. When the term of appointment of any member or members of said Board shall have expired, or when any vacancy in the Board occurs by reason of death, resignation, removal, or other cause, the vacancy or vacancies shall be filled by appointments made by the Mayor and Council and the remaining members of said Board. The members of said Board shall be entitled to reasonable compensation for services rendered by them.
Be it further enacted by the authority aforesaid that Section XI of said bill is hereby amended by adding thereto the following additional paragraphs:
(a) The Mayor and Council shall have authority to employ such agents, servants, and employees as it may deem necessary, with authority to fix their compensation.
(b) The Mayor and Council shall have full power and authority to make reasonable rules and regulations governing non-resident Municipal Corporations existing under the laws of any foreign state of the United States, who desire to engage in any of the "public works" named in this bill, and no Municipal Corporation, organized or existing pursuant to the laws of any other state of the United States shall be allowed to operate, manage, own or control any of the "public works system" provided for in this Act within the boundaries of the City of Rossville, Georgia, or any territory without the corporate limits described in the resolution provided for in Section II, paragraph 8 of this bill, without first obtaining from the Mayor and Council of the City of Rossville and the Board of Control, a permit, the acceptance of which will constitute an agreement on the part of such foreign Municipal Corporations to be bound by the terms, provisions, and conditions set forth in said permit.
(c) Any attempted operation by such foreign Municipal Corporations shall be enjoinable by any action at law or equity in the Superior Court of the County wherein such attempted operation is begun.
(d) The Mayor and Council shall appoint a Manager, who shall be in complete charge or control of any of the "public works" named in said bill. He shall serve for a period of three years after his appointment, subject to removal only for cause. His compensation shall be fixed by the Mayor and Council. He shall give a bond for the faithful performance of his duties, in an amount set by the Mayor and Council. Said Manager shall also have charge and control of any part of the system without the corporate limits of said city. In the event said system is extended without corporate limits, then and in that event the Board of Control,

TUESDAY, MARCH 14, 1939

1355

acting in conjunction with the Mayor and Council, shall appoint said Manager and fix his compensation.
Under the continuing order of business, established by the Committee on Rules, the tollowing bill of the House was taken up for consideration and read the third time:
By Messrs. Sabados and Allen of Dougherty-House Bill No. 774. A bill to be entitled an Act to provide that in cities of
a certain population, the governing body of the municipality shall be authorized and have authority to take over by deed, lease, contract, agreement, or otherwise, the operation and maintenance of any hospital; and for other purposes.
The report 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.
The following bills of the House were taken up for the purpose of considering the Senate amendment thereto:
By Messrs. Parker and Barlow of Colquitt and Carmichael of Cobb-House Bill No. 136. A bill to be entitled an Act to amend Section 42-102
of the Code of Georgia of 1933, relating to the appointment, duties and salary of the Chief Drug Inspector; and for other purposes.
The following Senate amendment to House Bill No. 136, was read and agreed to:
The Senate moves to amend House Bill No. 136, by adding to the caption thereof after the semi-colon in the last line of the caption the following language:
"to provide an effective date for this Act;" and by adding to said bill a new section to be known as Section 4b to read as follows:
"This Act shall become effective January 1, 1941."
The Senate moves to amend Section 4a, third line in printed bill by striking the words "food and".
By Messrs. Harris of Richmond and Parker of Colquitt-
House Bill No. 280. A bill to be entitled an Act to define shares of stock and writs of error therefrom; and for other purposes"; to provide for the transfer for the granting of new trials and writs of error therefrom, and for other purposes,"
The following Senate amendment to House Bill No. 280, was read and agreed to:
The Senate moves to amend House Bill No. 280 by striking the first sentence in Section 13 in its entirety, said sentence reading as follow>:
"No attachment or levy upon shares of stock for which a certificate is out-

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JOURNAL OF THE HOUSE,

standing shall be valid until such certificate be actually seized by the officer making the attachment or levy, or to be surrendered to the Corporation which issued it or its transfer by the holder be enjoined", and substituting in lieu thereof the following:
"Nothing in this Act shall alter the law as expressed in Sections 8-206 to Section 8-209, Georgia Code of 1933, as relating to levying on, and attachment of, corporate stocks."
Under the continuing 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. Sapp of Coffee-
House Bill No. 755. A bill to be entitled an Act to repeal an Act to establish
the City Court of Douglas in the City of Douglas, County of Coffee; and for other purposes.
The following Substitute to House Bill No. 755, was read and adopted.

A BILL
To be entitled an Act to repeal an Act approved August 19, 1919, (Acts of 1919, 464-479) entitled "An Act to establish the City Court of Douglas, in the City of Douglas, in Coffee County, Georgia; to define its jurisdiction and powers; to provide for the appointment and election of a judge and other officers thereof, and to define their powers and duties; to provide for the granting of new trials and writs of error therefrom; and for other purposes"; and for the transfer of all pending cases and motions; to provide for a referendum; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA AND IT IS HEREBY ENACTED HY THE AUTHORITY OF THE SAME:
SECTION 1. That an Act approved August 19, 1919, entitled "An Act to establish the City Court of Douglas, in the City of Douglas, in Coffee County, Georgia, to define its jurisdiction and powers; to provide for the election of a judge and other officers thereof, and to define their powers and duties, to provide for the granting of new trials and writs of error therefrom, and for other purposes," be and the same is hereby repealed and the City Court of Douglas is hereby abolished.
SECTION 2. Be it further enacted by the authority aforesaid, that all civil suits now pending in the City Court of Douglas, where the principal sum involved is one hundred dollars or more be and the same are hereby transferred to the Superior Court of Coffee County, Georgia, and all civil suits where the principal sum involved is less than one hundred dollars be and the same are hereby transferred to the Justice Court of Coffee County, Georgia, having jurisdiction of the defendant in said suit, and all judgments and executions 1endered in and by said City Court

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1357

of Douglas are hereby kept alive and of full force and vigor and that all such executions and all measures and final processes of the said City Court of Douglas which have not been executed shall be returnable to the Superior Court of Coffee County, and all claims, illegalities and other issues arising from the effect of such process and fi. fas., shall be returnable and determinable as though the same had issued from the Superior Court of Coffee County, Georgia.
SECTION 3. Be it further enacted by the authority aforesaid, that all criminal cases found on accusation pending therein shall be turned over to the Solicitor General of the Waycross Judicial Circuit (the Superior Court of Coffee County being one of the courts of said Circuit), and by him properly brought before the grand jury of Coffee Superior Court, that bills of indictments may be preferred in said cases and until the said grand jury meets and indictments are preferred, the bonds of all defendants are hereby made good and binding until said cases are passed upon by the grand jury aforesaid.
SECTION 4. Be it further enacted by the authority aforesaid, that all motions for new trials pending in the City Court of Douglas shall be heard and determined by the judge of the Superior Court of the Waycross Judicial Circuit and when judgment is rendered in the Court of Appeals of Georgia, in any case pending therein from the City Court of Douglas the Clerk of said Court shall transmit the remittur in such case to the clerk of the Superior Court of Coffee County, where it shall be made the judgment of said Court as having jurisdiction therein.
SECTION 5. Be it further enacted by the authority aforesaid, that all documents, minutes, records, books and papers pertaining to the business of the City Court of Douglas shall be turned over to the Clerk of the Superior Court of Coffee County, Georgia, to be preserved by him as part of the records of said Court.
SECTION 6. Be it further enacted by the authority aforesaid, that all suits brought in the City Court of Douglas, Coffee County, Georgia, and pending therein, where service has been regularly perfected, when the same would be ready for disposition at the May term, 1939, of said City Court, be and the same are hereby declared for trial at October term, 1939, of the Superior Court of Coffee County, Georgia, as well as all other cases pending in said City Court of which the Superior Court has jurisdiction.
SECTION 7. Be it further enacted by the authority aforesaid, that this Act shall take effect only in the event of its approval by a majority of the voters of Coffee County, who were qualified to vote at the last general election for members of the General Assembly, who shall vote at an election to be called for the purpose of ratifying or rejecting this Act. The Ordinary of Coffee County shall call an election, to be held within sixty days after the signing of this Act, for the purpose of ratifying or rejecting this Act. At said election those favoring the approval and adoption of this Act shall have their ballots marked "For repeal of the Act creating and establishing the City Court of Douglas, in the City of Douglas, in Coffee

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County, Georgia" and those voting against the adoption of this Act and for the rejection thereof shall have their ballots marked "Against repeal of the Act creating and establishing the City Court of Douglas, in the City of Douglas, and Coffee County, Georgia". If a majority of the qualified voters voting in said election vote "for repeal of the Act creating and establishing the City Court of Douglas, in the City of Douglas, in Coffee County, Georgia" this Act shall be of full force and effect; otherwise this Act shall be void and of no effect.

SECTION 8. 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.
Hon. Roy V. Harris, Speaker of the
Georgia House of Representatives, and
The Georgia House of Representatives.
Thigpen of Glascock protests the enactment into law of House Bill No. 755 for the reason that said House Bill No. 755 is a local or special bill and has not been advertised for 30 days prior to the introduction as required by Article 3, Section 7, Paragraph 16, of the Constitution of Georgia. Evidence of such noncompliance, being submitted to the Special Judiciary Committee. Said evidence being an affidavit from Bessie P. Vickers, Ordinary, Coffee County, Georgia, and dated March 3rd, 1939, that said bill had not been posted before the courthouse door of said County, which said affidavit is hereto attached and marked "Exhibit A" and is made a part and parcel of this notice; also an affidavit from Fred Ricketson, Editor and Manager of the Coffee County Progress, the official organ of Coffee County, Georgia, in which Sheriff's sales are published, dated March 3rd, 1939; that said bill was not advertised, which said affidavit is hereto attached marked Exhibit "B" and is made a part and parcel hereto; also an affidavit from L. J. Christopher, acting Manager and Editor of the. Douglas Enterprise, dated March 3rd, 1939, that it is the only other newspaper other than the Coffee County Progress, that is published in said County of Coffee and that said bill has not been advertised in said Douglas Enterprise, said affidavit being hereto attached and made a part and parcel of this notice and being marked Exhibit "C."

Wherefore, Thigpen of Glascock wishes to contest and protest the passage of the bill above referred to on its third reading in the House of Representatives, and asks that this his protest be entered on the Journal of the House of Representatives and be made a permanent part of said House Journal and further advises the Speaker and the House that this is a contested local bill.

This March lOth, 1939.

Thigpen of Glascock.

Georgia, Coffee County

Exhibit "A"

I, Mrs. Bessie P. Vickers, Ordinary of Coffee County, Georgia, do hereby certify that there has not been posted before the Court House door of Coffee

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1359

County the tide of an Act or bill affecting local legislation and especially affecting the City Court of Douglas as created by the Acts of 1919 at pages 464 to 479 entitled "Douglas City Court Established" No. 374 of the laws of 1919, during the year of 1939 or 1938. I further certify there has been no Act or tide of any Act posted.

Given under my hand and seal this the 3rd day of March, 193".

Bessie P. Vickers,

(Seal)

Ordinary, Coffee County, Ga.

Exhibit "B"
Georgia, Coffee County
Personally appeared before me the undersigned officer duly authorized to administer oaths, Fred Ricketson, who after heing duly sworn deposes and on oath says: That he is Editor and Manager of the Coffee County Progress, a newspaper published in Douglas, Coffee County, Georgia, that said paper is the Official Organ of Coffee County, Georgia, in which sheriff's sales are advertised, for the year of 1939. That during the year of 1939 there has not been published in said newspaper the tide of any bill regarding local legislation and especially any bill in regard to repealing the Act of 1919 at pages 464 to 479 which is an Act entitled "Douglas City Court Established" and known as bill No. 374 of the Acts of 1919. That the Coffee County Progress is the only newspaper published in Coffee County except the Douglas Enterprise which is a weekly newspaper also, published in said county. That during the year 1938 there was nc tide of any bills advertised as stated above.
Fred Ricketson.
Sworn to and subscribed before me this 3rd day of March, 1939.
W. L. Wood,
J. P. 748 District G. M.
Exhibit "C"
Georgia, Coffee County
Personally appeared before me the undersigned officer duly authorized to
administer oaths, L. J. Christopher, who after being first duly sworn deposes and
on oath says: That he is acting Manager and Editor of the Douglas Enterprise, a newspaper published in said County. That said newspaper was the Official Organ of Coffee County for the year 1938. That during said year of 1938 there was not published in the Douglas Enterprise, the Official Organ of said county in which sheriff's sales were advertised, an Act or the title of an Act regarding any local

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legislation affecting Coffee County and especially any Act or the title thereto in regard to repealing an Act of 1919 at pages 464 to 479 titled "Douglas City Court Established" and known as Act No. 374 of the Acts and laws of 1919. That the Douglas Enterprise is the only newspaper published in Coffee County except the Coffee County Progress. That during the year of 1939 there was no title of an Act or an Act as described as above published in said newspaper.
L. J. Christopher.
Sworn to and subscribed before me this 3 day of March, 1939.
W. L. Wood,
]. P. 748 District G. M.
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 124, the nays 0.
The bill having received the requisite constitutional majority was passed, by substitute.
The following bill of the House was taken up for the purpose of considering the Senate amendment thereto:
By Messrs. Gross of Stephens, Clements of Wheeler, Trippe of Polk and Morgan of Troup--
House Bill No. 218. A bill to be entitled an Act to amend an Act entitled an Act to create a Department of Public Safety for Georgia; and for other purposes.
The following Senate Amendments Nos. 1 and 2, were read and agreed to:
The Senate amends House Bill No. 218 as follows:

Amendment No. 1
Amend Section 4 by striking the words in lines 8 and 9 "reasonable time in the rank immediately below" and insert in lieu thereof the following "period of at least eighteen months as a member of said Uniform Division."
Amendment No. 2
Amend Section 5 by striking same in its entirety and inserting m lieu thereof
the following:
Section 5
Section 3 of Article 2 of the said Public Safety Department Act be and the same is hereby amended by adding the following language immediately at the end of said Section 3: "No person in the employ of the Department of Public Safety

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1361

shall take any part in the management, affairs, or political campaign of any candidate for public office except he shall have a right as a citizen to express his opinion and to cast his vote. No person in the employ of the Department of Public Safety shall, either directly or indirectly, contribute any money or other thing of value to any person, organization or committee for political campaign or election in County or State primaries or General Elections. Any employee of the Department of Public Safety convicted of violation of this section shall terminate his connection with the department."

The following Senate Amendments Nos. 3, 4, 5 and 6, to House Bill No. 218, were read:

Amendment No. 3

Amend Section 7 by striking the words in line 7 $560,000.00 and inserting in lieu thereof the following "the entire proceeds from the driver's license shall be used for the operation of the Public Safety Department less the amount specified by law for cost of collection."

Amendment No. 4

Amend Section 10 line 15 by striking the words "shall forthwith" and insert in lieu thereof the following "may in his discretion."

Amendment No. 5

Amend Section 14 line 6 by striking the words "at all times."

Amendment No. 6

Amend House Bill 218 by striking Section ISA in its entirety.

On the question of agreeing to Senate Amendments Nos. 3, 4, 5 and 6, to House Bill No. 218, Mr. Morgan of Troup 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.:

Aiken Almand Ansley Atkinson Barrett Beck Bell Bennett of Ware Binion Blackshear Bloodworth Branch

Brooks of Jackson Brooks of Oglethorpe Bruce Candler Carrington Cheney Claxton Clements of Calhoun Clements of Wheeler Cobb Connell Corbett

Curry Dallis Daughtry Davidson Davis of Coweta Davis of Floyd Dean Dockery Edwards of Lowndes Ennis, J. H. Ennis, Marion Etheridge of Baker

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Etheridge of Fulton Etheridge of Houston Evans of Laurens Ferguson of Camden Ferguson of Sumter Fowler of Treutlen Franklin of Polk Gaines Gavin Gowen Graham Grice Griffin Gross of Stephens Gross of Washington Guyton Harrison of Crawford Harrison of Jenkins Harvey Hatchett Henderson Herndon Hill Hinson Jackson

Jones of Paulding Kelley Kendrick Kennedy Key King Lanham Looper Mankin Marshall Mason McBride McCracken McGraw McNall Merritt Middleton Moore of Lumpkin Moore of Taliaferro Morgan Pharr Pierce Preston Reid Rossee

Those voting in the negative were Messrs.:

Allen Bennett of Clarke Blease Boyd of Greene Bynum Drinkard Edwards of Taylor Elliott Evans of McDuffie Ford Forrester of Crisp Foster

Gill Grant Harden Howard
Joel Jones of Brantley Kimbrough Lewis Maxwell Mills Pannell Parham

Those not voting were Messrs.:

Aillison of Gwinnett Allison of White Barlow Boyd of Cook Bray Bush

Campbell Carmichael of Butts Carmichael of Cobb Carter Chappell Clark

Roughton Rountree Sams Sapp Scott Smiley Smith of Henry Stiles Strickland of Haralson Sumner Swindle Tate Thornton Tipton Trippe Turner Vickery Wages Warren Wells Whitaker Wiggins Williams of Bacon Williams of Ware
Parker Pilcher Sabados Sartain Smith of Schley Strickland of Pierce Tippins Tomlinson Wohlwender Wright Yeomans
Clary Clements of Marion Conner Coogler Cook Culpepper of Fayette

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1363

Culpepper of Mitchell DeFoor Dickerson Douglass Drake Easley English Flanders Forrester of Dade Fowler of Douglas Franklin of Bulloch Goddard Goolsby Grayson

Greene Hardman Hayes Holtzendorff Johnson Jones of Richmond Kaigler Lanier Lovett McDaniel Miller Mosely Moss Purdy

Ragan Rawlins Rees Rogers Sanders Saunders Simmons Summerour Terrell Thigpen of Evans Thigpen of Glascock Whipple Yawn

By unanimous consent, verification of the roll call was dispensed with.
On the question of agreeing to the Senate amendments, the ayes were 110, the nays 35.
The Senate amendments were agreed to.
Under the continuing order of business, established by the Committee on Rules, the following bills and resolution of the House and Senate were taken up for consideration and read the third time:
By Messrs. Bloodworth, Grice and Merritt of Bibb-
House Resolution No. 93-761C. A resolution directing the State Librarian to furnish certain Supreme Court Reports and Court of Appeals Reports to City Court of Macon; and for other purposes.
The following amendment to House Resolution No. 93-361C, was read and adopted:
Messrs. Bloodworth, Merritt and Grice of Bibb move to amend House Resolution No. 93-361C by adding at the end of the first paragraph the following: "that said city court of Macon sits in a court room other than the room occupied by the Superior Court of Bibb 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 113, the nays 0.
The resolution having received the requisite constitutional majority was adopted, as amended.
By Mr. Branch of Tift-
House Bill No. 623.

1364

JOURNAL OF THE HOUSE,

A BILL
To be entitled an Act to propose to the qualified voters of Georgia an amendment to Article Seven, Section Seven, Paragraph One, of the Constitution of Georgia, so as to authorize an increase in the bonded indebtedness of the County of Tift, State of Georgia, in the sum of Fifty Thousand ($50,000.00) Dollars in addition to the debts hereinbefore in this paragraph allowed to be incurred, for the purpose of acquiring a site in Tifton or outside Tifton, in Tift County, Georgia, and building, constructing and equipping thereon a hospital, and to provide how the power conferred by this amendment shall be exercised, 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, Section Seven, Paragraph One, 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: "And except that the County of Tift may be authorized to increase its bonded indebtedness in the sum of Fifty Thousand ($50,000.00) Dollars in addition to the debts hereinbefore in this paragraph allowed to be incurred, and at a rate of interest not to exceed five per centum. per annum; which said bonds shall run for a period or periods of time not to exceed thirty years, and may be issued from time to time, and in such denominations as may be determined by the county authorities of said county, to be signed by the commissioners of roads and revenues of said county, and the clerk of said commissioners and shall be known and designated as Hospital Construction and Equipment bonds, and which said bonds shall be sold, and the proceeds thereof used and handled by the commissioners aforesaid, acting with the clerk and ordinary, or by a committee or commission selected, appointed and qualified in such way or method as such county authority may designate. The proceeds of all bonds issued and sold under this authority shall be used for the purpose of acquiring a hospital-site in the City of Tifton, or outside of Tifton, in Tift County, and building, constructing, and equipping thereon a hospital where medical and surgical treatment and care may be provided those in need of such. The power conferred by this amendment shall be exercised under such rules and regulations respecting the acquiring of a site, the building and equipping of said hospital, as well as the operation of the same, providing for payment for such medical and surgical treatment and care in such hospital, excepting only charity cases as the county authorities acting alone or in conjunction with any committee which they may deem necessary and proper to appoint.
SECTION 2.
Be it further enacted by the authority aforesaid, that whenever the aboveproposed 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 ayes and nays taken thereon, the Governor shall and he is hereby authorized and instructed to cause said amendment to be published in at least two newspapers in each congressional district in this State for a period of two months next preceding the time of holding the next general elections.

TUESDAY, MARCI-l 14, 1939

136.5

SECTION 3.

Be it further enacted by the authority aforesaid, that the above proposed amendment shall be submitted for ratification or rejection to the electors of this State at the next general election to be held after publication, as provided for in the second section of this Act, in the several election districts of this State, at which election every person shall be qualified to vote who is entitled to vote for members of the General Assembly. All persons voting at such election in favor of adopting the proposed amendment to the Constitution shall have written or printed on their ballots the words: "For amendment allowing the County of Tift to increase its bonded indebtedness for the purpose of acquiring a hospital-site in Tifton, or outside of Tifton in Tift County, Georgia, and building, constructing, and equipping thereon a hospital where medical and surgical treatment and care may be provided for those in need of such," and all persons opposed to the adoption of the amendment shall have written or printed on their ballots the words: "Against the amendment allowing the County of Tift to increase its bonded indebtedness for the purpose of acquiring a hospital-site in Tifton, or outside Tifton in Tift County, Georgia, and building, constructing and equipping thereon a hospital where medical and surgical treatment and care may be provided for those in need of such."

SECTION 4.

Be it further enacted by the authority aforesaid, that the Governor be and he is hereby authorized and directed to provide for the submission of the amendment proposed in the first section of this Act to a vote of the people as required by the Constitution of this State in Paragraph one of Section one of Article thirteen, and by this Act; and if ratified, the Governor shall, when he ascertains such ratification from the Secretary of State, to whom the returns shall be referred in the manner as in cases of election for members of the General Assembly to count and ascertain the results, issue his proclamation for one insertion in one of the daily papers of this State, announcing such result and declaring the amendment ratified.

SECTION 5.

Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act, be and the same are hereby repealed.

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.:

Aiken Allen Allison of White Almand Ansley Atkinson

Barrett Beck Bell Bennett of Clarke Bennett of Ware Binion

Blackshear Blease Bloodworth Boyd of Greene Branch Brooks of Jackson

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JOURNAL OF THE HOUSE,

Brooks of Oglethorpe Bruce Bynum Candler Carmichael of Cobb Carrington Cheney Claxton Clements of Calhoun Clements of Wheeler Cobb Connell Cook Curry Dallis Daughtry Davidson Davis of Coweta Davis of Floyd Dean Dockery Drinkard Edwards of Lowndes Edwards of Taylor Elliott Ennis, J. H. Ennis, Marion Etheridge of Fulton Evans of Laurens Evans of McDuffie Ferguson of Camden Ferguson of Sumter Ford Forrester of Crisp Foster Fowler of Treutlen Franklin of Bulloch Franklin of Polk Gaines Gill Goolsby

Gowen Graham Grant Grice Griffin Gross of Stephens Gross of Washington Guyton Harden Harrison of Crawford Harrison of Jenkins Harvey Hatchett Henderson Herndon Hinson Howard Jackson Jones of Brantley Jones of Paulding Jones of Richmond Kelley Kennedy Key Kimbrough King Lanham Lewis Looper Lovett Mankin Marshall Mason Maxwell McBride McCracken McGraw McNall Middleton Mills Moore of Lumpkin

Those not voting were Messrs.:

A'lison of Gwinnett Barlow Boyd of Cook Bray

Bush Campbell Carmichael of Butts Carter

Morgan Pannell Parham Parker Pharr Pierce Pilcher Preston Rees Reid Rossee Roughton Rountree Sabados Sams Sapp Sartain Scott Smiley Smith of Schley Strickland of Haralson Strickland of Pierce Sumner Swindle Tate Thornton Tippins Tipton Tomlinson Trippe Turner Vickery Wages \Varren Wells Whitaker Wiggins Williams of Ware Wohlwender Wright Yeomans
Chappell Clark Clary Clements of Marion

TUESDAY, MARCH 14, 1939

1367

Conner Coogler Corbett Culpepper of Fayette Culpepper of Mitchell DeFoor Dickerson Douglass Drake Easley English Etheridge of Baker Etheridge of Houston Flanders Farrester of Dade Fowler of Douglas Gavin

Goddard Grayson Greene Hardman Hayes Hill Holtzendorff
Joel Johnson Kaigler Kendrick Lanier McDaniel Merritt Miller Moore of Taliaferro Mosely

Moss Purdy Ragan Rawlins Rogers Sanders Saunders Simmons Smith of Henry Stiles Summerour Terrell Thigpen of Evans Thigpen of Glascock Whipple Williams of Bacon Yawn

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

On the passage of the bill, the ayes were 141, the nays 0.

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

By Mr. Kennedy of Tattnall-
House Bill No. 720.

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 Reidsville School District, of Tattnall 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 and interest thereon due and unpaid as of January 1, 1940, and any bonded indebtedness due up to and including January 1, 1960; to provide that the funds raised from such additional bonded indebtedness shall be used exclusively for the retirement. of said bonded indebtedness and interest thereGn due and unpaid on January 1, 1940, and any bonded indebtedness which becomes due up to and including January 1, 1960; 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:

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"And except that the Reidsville School District, of Tattnall County, Georgia, may issue refunding serial bonds not in excess of the aggregate sum of $30,000.00, for the purpose of refunding and retiring any bonded indebtedness and interest thereon of said School District outstanding, past due and unpaid on January I, 1940, and any bonded indebtedness of said School District outstanding and which becomes due up to and including January I, 1960, 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 Reidsville School district to be used exclusively for the purpose of paying and retiring said bonded indebtedness and interest thereon that is due and unpaid as of January I, 1940, and any bonded indebtedness outstanding and which becomes due up to and including January I, 1960. Said refunding bonds shall be issued when authorized by a vote of the Trustees of the saiJ Reidsville School District, of Tattnall County, and shall be validated as provided by law."
SECTION 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 I, of the Constitution authorizing the Reidsville School District, of Tattnall County, Georgia, 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 I, of the Constitution, authorizing the Reidsville School District, of Tattnall County, Georgia, 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 result shall be consolidated as now required by law in election of 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 thereof, as provided by law.
SECTION 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:

TUESDAY, MARCH 14, 1939

1369

Voting in the affirmative were Messrs.:

Aiken Allen Allison of White Almand Ansley Atkinson Barrett Beck Bell Bennett of Clarke Bennett of W arc Binion Blackshear Blease Bloodworth Boyd of Greene Branch Brooks of Jackson Brooks of Oglethorpe Bruce Bynum Candler Carmichael of Cobb Carrington Carter Chappell Cheney Claxton Clements of Calhoun Clements of Wheeler Cobb Connell Cook Corbett Curry Dallis Daughtry Davidson Davis of Coweta Davis of Floyd Dockery Drinkard Edwards of Lowndes Edwards of Taylor Elliott

Ennis, J. H. Ennis, Marion Etheridge of Baker Etheridge of Fulton Evans of McDuffie Ferguson of Camden Ferguson of Sumter Ford Forrester of Crisp Foster Fowler of Treutlen Franklin of Polk Gaines Gill Gowen Graham Grant Grayson Grice Griffin Gross of Stephens Gross of Washington Guyton Harden Harrison of Crawford Harrison of Jenkins Harvey Hatchett Henderson Herndon Hill Hinson Howard Jackson Joel Jones of Brantley Jones of Paulding Jones of Richmond Kelley Kendrick Kennedy Key Kimbrough King Lanham

Lewis Looper Lovett Mankin Marshall Maxwell McBride McCracken McGraw McNall Merritt Middleton Mills Moore of Lumpkin Moore of Taliaferro Morgan Pannell Parham Parker Pharr Pilcher Preston Rees Reid Rossee Roughton Rountree Sabados Sams Sapp Sartain Scott Smiley Smith of Schley Stiles Strickland of Haralson Strickland of Pierce Sumner Swindle Tate Thornton Tippins Tipton Tomlinson Trippe

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Turner Wages Wells

Whitaker Wiggins Williams of Ware

Those not voting were Messrs.:

Allison of Gwinnett Barlow Boyd of Cook Bray Bush Campbell Carmichael of Butts Clark Clary Clements of Marion Conner Coogler Culpepper of Fayette Culpepper of Mitchell Dean DeFoor Dickerson Douglass Drake Easley English

Etheridge of Houston Evans of Laurens Flanders Forrester of Dade Fowler of Douglas Franklin of Bulloch Gavin Goddard Goolsby Greene Hardman Hayes Holtzendorff Johnson Kaigler Lanier Mason McDaniel Miller Mosely Moss

Wohlwender Wright Yeomans
Pierce Purdy Ragan Rawlins Rogers Sanders Saunders Simmons Smith of Henry Summerour Terrell Thigpen of Evans Thigpen of Glascock Vickery Warren Whipple Williams of Bacon Yawn

By unanimous consent, verification of the roll call was dispensed 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.
By Senator Dawson of the 2nd District-

Senate Bill No. 175.

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 Willie Consolidated School District, of Liberty 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 and interest thereon due and unpaid as of June 30, 1939, and any bonded indebtedness due up to and including December 30, 1947; to provide that the funds raised from such additional bonded indebtedness shall be used exclusively for the re-

TUESDAY, MARCH 14, 1939

137.1

tirement of said bonded indebtedness and interest thereof due and unpaid on June 30, 1939, and any bonded indebtedness which becomes due up to and including December 30, 1947; 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 Willie Consolidated School District, of Liberty County, Georgia, 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 and interest thereon of said School District outstanding past due and unpaid on June 30, 1939, and any bonded indebtedness of said School District outstanding and which becomes due up to and including December 30, 1947, 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 Willie Consolidated School District to be used exclusively for the purpose of paying and retiring said bonded indebtedness and interest thereon that is due and unpaid as of June 30, 1939, and any bonded indebtedness outstanding and which becomes due up to and including December 30, 1947. Said refunding bonds shall be issued when authorized by a vote of the Trustees of the said Willie Consolidated School District, of Liberty County, and shall be validated as provided by law."
Section 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 Willie Consolidated School District, of Liberty 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 Willie Consolidated School District, of Liberty County, Georgia, 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 result 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.

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JOURNAL OF THE HOUSE,

Section 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:
Those voting in the affirmative were Messrs.:

Aiken Allison of Gwinnett Allison of White Almand Ansley Atkinson Barrett Beck Bell Bennett of Clarke Bennett of Ware Blackshear Blease Bloodworth Boyd of Greene Branch Brooks of Jackson Brooks of Oglethorpe Bruce Bynum Candler Carmichael of Cobb Carrington Carter Cheney Claxton Clements of Calhoun Clements of Wheeler Cobb Connell Cook Corbett Curry Dallis Daughtry Davidson Davis of Coweta Davis of Floyd Drinkard

Edwards of Lowndes Edwards of Taylor Elliott Ennis, J. H. Ennis, Marion Etheridge of Baker Etheridge of Fulton Evans of McDuffie Ferguson of Camden Ferguson of Sumter Ford Forrester of Crisp Foster Fowler of Treutlen Franklin of Polk Gaines Gill Gowen Graham Grant Grayson Grice Griffin Gross of Stephens Gross of Washington Guyton Harden Harrison of Crawford Harrison of Jenkins Harvey Hatchett Henderson Herndon Hill Hinson Howard Jackson Joel Jones of Brantley

Jones of Richmond Kelley Kendrick Kennedy Key Kimbrough King Lanham Lewis Looper Mankin Mason Maxwell McBride McCracken McGraw McNall Merritt Middleton Mills . Moore of Lumpkin Morgan Pannell Parham Parker Pharr Pilcher Preston Rees Reid Rossee Roughton Rountree Sabados Sams Sapp Sartain Scott Smiley

TUESDAY, MARCH 14, 1939

137J

Smith of Schley Stiles Strickland of Haralson Strickland of Pierce Sumner Swindle Tate

Tippins Tipton Tomlinson Trippe Turner Vickery Wages

Wells Whitaker Wiggins Williams of Ware Yeomans

Those not voting were Messrs.:

Allen Barlow Binion Boyd of Cook Bray Bush Campbell Carmichael of Butts Chappell Clark Clary Clements of Marion Conner Coogler Culpepper of Fayette Culpepper of Mitchell Dean DeFoor Dickerson Dockery Douglass Drake Easley

English Etheridge of Houston Evans of Laurens Flanders Forrester of Dade Fowler of Douglas Franklin of Bulloch Gavin Goddard Goolsby Greene Hardman Hayes Holtzendorff Johnson Jones of Paulding Kaigler Lanier Lovett Marshall McDaniel Miller Moore of Taliaferro

Mosely Moss Pierce Purdy Rag:an Rawlins Rogers Sanders Saunders Simmons Smith of Henry Summerour Terrell Thigpen of Evans Thigpen of Glascock Thornton Warren Whipple Williams of Bacon Wohlwender Wright Yawn

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

On the passage of the bill, the ayes were 137, the nays 0.

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

By Mr. Bell of GradyHouse Bill No. 404.

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 Ccnstitution of Georgia, so as to authorize Grady County by vote of its fiscal authority to issue Warrant Refunding Bonds sufficient in amount to pay off and retire the designated warrant indebted-

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JOURNAL OF THE HOUSE,

ness of said county; to provide that in the event such warrant indebtedness is paid off and retired that said County shall thereafter operate on a strictly cash basis and be prohibited from issuing warrants or orders payable in the future; to provide that the bills and claims of and against said county and its Treasury shall be paid by check and how such checks shall be executed; to authorize the fiscal authority of said county to thereafter budget and limit the expenditurt>s of the various officers and departments of said county other than the Courts thereof; to provide how said bonds shall be authorized, validated and issued; to require the fiscal authority of said county to make provision for paying off and retiring said bonds; to provide that the proceeds of said bonds shall be used exclusively for paying off and retiring a designated warrant indebtedness: to provide for the submission of this amendment for ratification or rejection by the people; 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 Article 7, Section 7, Paragraph 1, of the Constitution of Georg;ia, which has heretofore been amended, shall be further amended by adding thereto a new subparagraph in the following words and language, to-wit:
"Provided, however, that in addition to the bonded indebtedness now or hereafter authorized by this Constitution, Grady County is hereby authorized and empowered to issue bonds sufficient in amount to refund, pay off and retire the unpaid, outstanding and existing warrant indebtedness of said county, including interest due or payable thereon, as the same appears of record in the office of the Treasurer or ex-officio Treasurer of said County on the date as determined by the Board of Commissioners of Roads and Revenues of said county, which date shall be not less than ten days and not more than thirty days next after the date of the proclamation of the Governor declaring this amendment ratified; said bonds to be known and designated as "Warrant Refunding Bonds." In the event the privilege granted herein is exercised by said County, after said date as so determined by said Board, said County and the authorities thereof are prohibited from issuing warrants and deferred payment orders on the Treasury of said County, and said County shall thereafter be operated on a cash basis so that all bills and claims chargeable to or against said county or payable by the treasury of said County shall be paid monthly or otherwise as determined by the Governing body of said County or as promptly as possible by checks drawn on the depository or depositories holding the funds of said county, and in no other way; no such check to be issued until funds are on deposit sufficient to immediately pay same and all other checks then outstanding, and all such checks to be signed by the Chairman of said Board or Chief Executive Officer of said county and signed or approved in writing by the Treasurer of said County; with the right in said Board or equivalent county authority to borrow money to supply casual deficiencies in revenue as heretofore authorized by this Constitution; with the further right hereby vested in said Board or other equivalent fiscal authority to budget, and limit the cost and expenditures of, the various officers and departments of said County, other than

TUESDAY, MARCH 14, 1939

1375

the schools, and the Courts thereof and expenses of Courts; any ex1stmg proviSIOn of this Constitution of any law, rule, or resolution of any other board, commission or authority to the contrary notwithstanding. No violation of any provision of this amendment as to the conduct after the determined date aforesaid of the fiscal affairs of said County shall in any wise affect or impair the validity of said Warrant Refunding Bonds. Said refunding bonds shall have such terms and provisions as to maturity, rate of interest and otherwise, as may be fixed by the Board of Commissioners of Roads and Revenues of said County, provided, however, that said bonds must all mature within thirty y~ars from date of issuance. Provision shall be made by the proper fiscal authority by formal resolution for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said warrant refunding bonds as they respectively become due, and the proceed~ of said bonds shall be used exclusively for the purpose of paying and retiring the warrant indebtedness hereinabove id~ntified. Said Warrant Refunding Bonds shall be issued under authority hereof only when authorized by a vote and resolution of the Board of Commissioners of Roads and Revenues of Grady County but without the necessity of an election as in the case of original obligation bonds, and said Warrant Refunding Bonds shall then be validated in the manner and under the procedure, in accordance with this amendment, as is provided by law for the validation of original obligation bonds."
SECTION 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 election be submitted to the people for ratification or rejection. 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, so as to authorize Grady County to issue warrant refunding bonds, and for other purposes" 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, so as to authorize Grady County to issue warrant refunding bonds, and for other purposes." 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, 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 the State of Georgia, and the Governor shall make proclamation therefor as provided by law.
SECTION 3.
Be it further enacted, that all laws or parts of laws in conflict herewith be, and the same are hereby repealed.

1376

JOURNAL OF THE IIOUSE,

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.:

Aiken Allison of White Ansley Atkinson Barrett Beck Bell Bennett of Clarke Bennett of Ware Blackshear Blease Bloodworth Boyd of Greene Branch Brooks of Jackson Brooks of Oglethorpe Bruce Bynum Candler Carmichael of Cobb Carrington Cheney Claxton Clements of Wheeler Cobb Connell Cook Corbett Curry Dallis Daughtry Davidson Davis of Coweta Davis of Floyd Dean Drinkard Edwards of Lowndes Edwards of Taylor Elliott Ennis, J. H.

Ennis, Marion Etheridge of Baker Etheridge of Fulton Evans of McDuffie Ferguson of Camden Ferguson of Sumter Ford Forrester of Crisp Fowler of Treutlen Franklin of Polk Gaines Gavin Gill Gowen Graham Grant Grayson Greene Grice Griffin Gross of Stephens Gross of Washington Guyton Harrison of Crawford Harrison of Jenkins Harvey Hatchett Henderson Herndon Hill Hinson Howard Jackson Joel Jones of Brantley Jones of Richmond Kelley Kendrick Kennedy Key

Kimbrough King Lanham Lanier Lewis Lovett Mankin Marshall Mason Maxwell McBride McCracken McGraw McNall Merritt Middleton Moore of Lumpkin Morgan Pannell Parham Parker Pharr Pilcher Preston Rees Reid Rossee Roughton Rountree Sabados Sams Sapp Sartain Scott Smiley Smith of Schley Stiles Strickland of Haralson Strickland of Pierce Summerour

TUESDAY, MARCH 14, 1939

1377

Sumner Swindle Tate Tippins Tipton

Tomlinson Trippe Turner Vickery Wages

Wells Whitaker Wiggins Williams of Ware Yeomans

Those not voting were Messrs.:

Allen Allison of Gwinnett Almand Barlow Binion Boyd of Cook Bray Bush Campbell Carmichael of Butts Carter Chappell Clark Clary Clements of Calhoun Clements of Marion Conner Coogler Culpepper of Fayette Culpepper of Mitchell DeFoor Dickerson Dockery

Douglass Drake Easley English Etheridge of Houston Evans of Laurens Flanders Forrester of Dade Foster Fowler of Douglas Franklin of Bulloch Goddard Goolsby Harden Hayes Holtzendorff Johnson Jones of Paulding Kaigler Looper McDaniel Miller Mills

Moore of Taliaferro Mosely Moss Pierce Purdy Ragan Rogers Sanders Saunders Simmons Smith of Henry Terrell Thigpen of Evans Thigpen of Glascock Thornton Warren Whipple Williams of Bacon Wohlwender Wright Yawn

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

On the passage of the bill, the ayes were 137, the nays 0.

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

By Mr. Griffin of Wilkes-

House Bill No. 576. A bill to be entitled an Act to amend an Act regulating the trapping of predatory fur-bearing animals 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 103, the nays 0.

The bill having received the requisite constitutional majority was passed.

1378

JOURNAL OF THE HOUSE,

By Messrs. Candler, Sams and Turner of DeKalb--
House Bill No. 766. A bill to be entitled an Act to provide a retirement fund for teachers and other employees in county school systems in counties in the State having a certain population; and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Candler, Sams and Turner of DeKalb-House Bill No. 767. A bill to be entitled an Act to provide a civil service for
teachers and other employees in the county school system 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 112, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Marion Ennis and J. H. Ennis of Baldwin-
House Bill No. 624. A bill to be entitled an Act to give and grant to the Board of Trustees of Georgia Military College certain land which constitutes part of the Old Capitol Square in the City of Milledgeville; and for other purposes.
The report 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 Messrs. Barlow and Parker of ColquittHouse Bill No. 651. A bill to be entitled an Act to prohibit goats from running
at large in counties of a certain papulation; and for other purposes.
The report 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 Millican of the 52nd District-
Senate Bill No. 173. A bill to be entitled an Act to amend an Act to provide for a pension for members of the police department in cities of a certain population; and for other purposes.

TUESDAY, MARCH 14, 1939

1379

The report 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 Millican of the 52nd District-
Senate Bill No. 170. A bill to be entitled an Act to provide for a budget 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 103, the nays I.
The bill having received the requisite constitutional majority was passed.
By Mr. Graham of BrooksHouse Bill No. 638. A bill to be entitled an Act to prohibit goats from running
at large 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 106, the nays I.
The bill having received the requisite constitutional majority was passed.
By Messrs. Bynum of Rabun, Carmichael of Cobb, Grice of Bibb, Gowen of Glynn, and others-
House Bill No. 693. A bill to be entitled an Act to bestow the name of Bleckley upon the mountain in Rabun County, riow generally known as Screamer Mountain; and for other purposes.
The report 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 Millican of the 52nd DistrictSenate Bill No. 107. A bill to be entitled an Act to amend an Act to create
a Civil Service Board in 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 103, the nays 0.
The bill having received the requisite constitutional majority was passed.

1380

JOURNAL OF THE HOUSE,

By Mr. Evans of McDuffie-
House Bill No. 728. A hill to he entitled an Act to provide the manner in which Justices of the Peace and Notaries-Public shall he compensated in criminal cases in counties of a certain population; 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 108, the nays 1.
The hill having received the requisite constitutional majority was passed.
By Senator Redman of the 26th District-
Senate Bill No. 51. A hill to he entitled an Act to provide for the holding of four terms each year of Butts Superior Court; 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 103, the nays 0.
The hill having received the requ.isite constitutional majority was passed.
By Mr. Herndon of Hart-
House Bill No. 386. A hill to he entitled an Act to amend the Highway Mileage, by adding a certain road in Hart County in the City of Hartwell; 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 103, the nays 0.
The hill having received the requisite constitutional majority was passed.
Mr. Elliott of Muscogee moved that the House do now adjourn until 9:00 o'clock tomorrow morning, and the motion was lost.
By Senator Dorminy of the 45th District-
Senate Bill No. 133. A hill to he entitled an Act to repeal an Act amending an Act relative to the manner of selecting members of the County Board of Education m certain designated counties; 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 bill having received the requisite constitutional majority was passed.
By Senator Millican of the 52nd District-

TUESDAY, MARCH 14, 1939

1381

Senate Bill No. 108. A bill to be entitled an Act to provide that counties of a certain population shall furnish aid and relief and pensions to regular members of county police departments; and for other purposes.
The report 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 Millican of the 52nd District-
Senate Bill No. 62. A bill to be entitled an Act to amend an Act to provide that cities of a certain population shall furnish pensions; and for other purposes.
The following House amendment to Senate Bill No. 62, was read and adopted:
Mrs. Mankin of Fulton County moves to amend Senate Bill No. 62 as follows:
By striking the words "April 1st" where the same appears in the caption of the bill and inserting in lieu thereof the words "June 1st", and by striking the words
"April 1st" from the 2nd line of Section 5 and inserting in lieu thereof the words
"June 1st".
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, as amended, the ayes were lOS, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Senator Sanders of the 36th District-
Senate Bill No. 86. A bill to be entitled an Act to change the names of George Malcolm Smith and Herbert Watson Smith of the County of Coweta; and for other purposes.
The report 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 Committee Reports were read:
Mr. Sams of DeKalb 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:

1382

JOURNAL OF THE HOUSE,

House Bill No. 768. Do pass. House Bill No. 803. Do pass.

House Bill No. 813. Do not pass. Respectfully submitted,

Sams of DeKalb, Chairman.

Mr. Scott of Thomas 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:

Senate Bill No. 196. House Bill No. 801. House Bill No. 805.

Do pass.
. Do pass.
Do pass.

Respectfully submitted,

Scott of Thomas, Chairman.

Mr. Wells of Burke 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 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. 171-740A. Do pass. House Resolution No. 173-759 A. Do pass.

House Resolution No. 186-807 A. Do pass.

Respectfully submitted,

Wells of Burke, 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 Resolution of the House and Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:

TUESDAY, MARCH 14, 1939

1383

Senate Resolution No. 45. Do pass.
House Resolution No.174-765 A. Do pass.
Respectfully submitted,
Davis of Floyd, 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 of the House, to-wit:
By Mr. Jones of Paulding-
House Bill No. 717. A bill to create a new Charter for the Town of Dallas; to define the corporate limits of said Town; 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 by the requisite constitutional majority the following bills of the House, to-wit:
By Mr. Pannell of Murray-
House Bill No. 622. A bill to amend an Act to fix the salaries of the members of the Board of Roads and Revenues of Murray County; 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 Mr. Easley of Whitfield-
House Bill No. 768. A bill to be entitled an Act to incorporate the Town of Twin Lakes in Whitfield County; and for other purposes.
By Mr. Sapp of Coffee-
House Bill No. 801. A bill to be entitled an Act to repeal an Act approved March 8, 1937, Pages 1303-04 of the 1937 Acts providing for a repeal of the Acts of 1931 of the General Assembly creating the office of Tax Commissioner of Coffee County; and for other purposes.
By Mr. Sapp of Coffee-
House Bill No. 803. A bill to be entitled an Act to amend an Act entitled "An Act to incorporate the City of Broxton, etc."; and for other purposes. By Mr. Sapp of Coffee-

1384

JOURNAL OF THE HOUSE,

House Bill No. 805. A bill to be entitled an Act to repeal an Act of the General Assembly creating the office of Tax Receiver of Coffee County; and for other purposes.
By Mr. Clark of Catoosa-
House Resolution No. 171-740 A. A resolution authorizing the State Librarian to furnish certain law books to Catoosa County; and for other purposes.
By Mr. Herndon of Hart-
House Resolution No. 173-759 A. A resolution authorizing the State Librarian to furnish to the Ordinary of Hart County certain appellate court reports; and for other purposes.
By Messrs. Yeomans of Wayne and Forrester of Dade-
House Resolution No. 174-765 A. A resoluion providing for the manner and funds from which teachers salaries shall be paid; and for other purposes.
By Messrs. Lanham, Davis and Rogers of Floyd--
House Resolution No. 186-807 A. A resolution authorizing the State Librarian to furnish certain missing court reports for the use of the Judge of Superior Court in Floyd County and members of the bar; and for other purposes.
By Senator Dawson of the 2nd District-
Senate Bill No. 196. A bill to be entitled an Act to repeal an Act of the General Assembly, approved February 7, 1938, 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.
By Senator Harrell of the 7th District-
Senate Resolution No. 45. A resolution providing for assurance of providing the amount of funds necessary to comply with our obligation to pay the various schools in the State the expenses for a seven months school term and to remove the uncertainty confronting the teachers of Georgia; and for other purposes.
Mr. Gross of Stephens moved that the House do now adjourn until tomorrow morning at 9:00 o'clock, and the motion prevailed.
Leave of absence was granted to Mr. Rogers of Floyd.
The Speaker announced the House adjourned until tomorrow morning at 9:00 o'clock.

WEDNESDAY, MARCH 15, 1939

1385

Representative Hall, Atlanta, Ga., Wednesday, March 15th, 1939.
The house met pursuant to adjournment Lhis 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. Jones of Richmond, Acting-Chairman of the Committe 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 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 bills and resolutions of the House and Senate.
4. First reading and reference of Senate oms and resolutions.
Mr. Campbell of Newton County, Vice-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 con-
sideration the following bills and resolutions of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
House Resolution No. 187-807B. Do pass.
House Resolution No. 188-807 c. Do pass.
House Resolution No. 178-780A. Do not pass.
House Bill No. 572. Do pass.
House Bill No. 490. Do pass. House Resolution No. 72-276 B. Do not pass. House Bill No. 487. Do not pass.
Respectfully ~ubmitted,
Campbell of Newton, Vice-Chairman.

1386

JOURNAL OF THE HOUSE,

Mr. Scott of Thomas 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. 823. Do pass.
House Resolution No. 199-823 b. Do pass.
Respectfully submitted,
~cott of Thomas, 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 the 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. 185. Do pass.
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 and resolutions of the House, to-wit:
House Bills Nos. 258, 274, 276, 309, 334, 352, 386, 404, 420, 473, 474, 576, 623, 624, 638, 651, 653, 674, 693, 698, 720, 727, 728, 755, 766, 767, 768, 774, 783, 787, 789, 800, 801, 802, 805, 807, 808, 811.
House Resolutions Nos. 55-241 A, 60-259 A, 93-361 C, 128-480 A, 142-533 B, 171-740A, 177-779A, 186-807 A.
Respectfully submitted,
Sartain of Walker, Chairman.

WEDNESDAY, MARCH 15, 1939

1387

Mr. Sams of DeKalb 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. 820. Do pass.
House Bill No. 822. Do pass.
Senate Bill No. 211. Do pass.
Respectfully submitted,
Sams of DeKalb, Chairman.
Mr. Edwards of Lowndes County, Chairman of the Committee on State of Republic, submitted the following report:
Mr. Speaker: Your Committee on State of Republic have had under consideration the follow-
ing bill 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. 187. Do pass.
House Resolution No. 200-823 C. Do pass.
Respectfully submitted,
Edwards of Lowndes, Chairman.
Mr. Vickery of Charlton County, Chairman of the Committee on Railroads, submitted the following report:
Mr. Speaker: Your Committee on Railroads 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 recommendations:
Senate Bill No. 200. Do pass. Respectfully submitted,
Vickery of Charlton, Chairman.
Mr. Lanham of Floyd 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 follow-

1388

JOURNAL OF THE HOUSE,

ing 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. 219. Do pass.
Respectfully submitted,
Lanham of Floyd, Chairman.
By unanimous consent, the following bills and resolutions of the House and Senate, favorably reported, were read the second time:
By Messrs. Gowen of Glynn, Ferguson of Camden, DeFoor of Mcintosh, Gill of Bryan and Smiley of Liberty-
House Bill No. 490. A bill to be entitled an Act to propose to the qualified voters of the State of Georgia an amendment to the Constitution of the State of Georgia authorizing the continuance of the Coastal Highway District; and for other purposes.
By Mr. Thigpen of Glascock-
House Bill No. 572. A bill to be entitled an Act to propose to the qualified voters of Georgia Amendment to Article VI, Section II, Paragraph V, of the Constitution of Georgia by abolishing the right of the Supreme Court to review or pass upon any decision or judgment of the Court of Appeals by and through' the writ of certiorari; and for other purposes.
By Mr. Harrison of Jenkins-
House Bill No. 820. A bill to be entitled an Act to create a new Charter for the City of Millen, in the County of Jenkins, State of Georgia; and for other purposes.
By Mr. Whitaker of Appling-
House Bill No. 822. A bill to be entitled an Act to amend the Charter of the City of Baxley; and for other purposes.
By Messrs. Jones of Paulding, Trippe and Franklin of Polk, and Fowler of Douglas-
House Bill No. 823. A bill to be entitled an Act to abolish the fee system in the Superior Courts of the Tallapoosa Circuit; and for other purposes.
By Messrs. Lanham, Davis and Rogers of Floyd-
House Resolution No. 187-807 B. A resolution to amend Article VI, Section 2. Paragraph 5, of the Constitution so as to provide for the jurisdiction of the Supreme Court to provide for the submission of said amendment to the voters of the State for ratification by the people; and for other purposes.
By Messrs. Lanham, Davis and Rogers of Floyd-

WEDNESDAY, MARCH 15, 1939

1389

House Resolution No. 188-807 C. A resolution to amend Article VI, Section 2, Paragraph 9, of the Constitution so as to provide for the jurisdiction of the Court of Appeals to provide for the submission of said amendment to the qualified voters of the State for ratification by the people; and for other purposes.
By Messrs. Carmichael of Cobb, Harris of Richmond and Scott of Thomas-
House Resolution No. 199-823 B. A resolution providing manner of suspension of maintenance tax by persons who did not usc trucks during 1937 on the highways of this State; and for other purposes.
By Mr. Edwards of Lowndes-
House Resolution No. 200-823 C. A resolution proposing to the qualified voters an amendment to Paragraph 2 of Section 1 of Artide XI of the Constitution so as to consolidate the Counties of this Stat! into sixty counties; and for other purposes.
By Senator Twiggs of the 40th District-
Senate Bill No. 185. A bill to be entitled an Act to amend the "Equalizing Educational Opportunities Act" (Georgia Laws 1937, Pages 882-892); and for other purposes.
By Senator Twiggs of the 40th District-
Senate Bill No. 187. A bill to be entitled an Act to adopt an official coat of arms and an official flag for the State of Georgia; and for other purposes.
By Senator Palmour of the 33rd District-
Senate Bill No. 200. A bill to be entitled an Act to amend Chapter 95-18 of the Code of Georgia of 1933, relating to the designation of railroad crossings as safe or unsafe; and for other purposes.
By Senators Daves of the 14th and Dorminy of the 45th Districts-
Senate Bill No. 211. A bill to be entitled an Act to amend Section 69-114 and 69-417 of the Code which relate to manners of providing for street improvements; and for other purposes.
By Senator Brinson of the 42nd District-
Senate Bill No. 219. A bill to be entitled an Act to amend an Act changing the classes and amounts of commissions allowed to tax-receivers and tax-collectors of State and County taxes; 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. Easley of Whitfield-
House Bill No. 768. A bill to be entitled an Act to incorporate the Town of Twin Lakes in the County of Whitfield; and for other purposes.

1390

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 104, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Rossee of Putnam-
House Bill No. 787. A bill to be entitled an Act to abolish the offices of Tax Receiver and Tax Collector and create the office of Tax Commissioner of Putnam 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. Sapp of Coffee-
House Bill No. 800. A bill to be entitled an Act to repeal an Act creating the office of Tax Collector of Coffee County; and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, the nays 0.
The bill having received the requisite constitutional majority was passed. By Mr. Sapp of Coffee-
House Bill No. 801. A bill to be entitled an Act to repeal an Act creating the office of Tax Commissioner of Coffee County; and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Sapp of Coffee-
House Bill No. 803. A bill to be entitled an Act to amend an Act to incorporate the City of Broxton in Coffee County; and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, the nays 0.
The bill having received the requisite constitutional majority was passed.

WEDNESDAY, MARCH 15, 1939

1391

By Messrs. Harris, Lanier and Jones of Richmond-
House Bill No. 808. A bill to be entitled an Act to amend an Act creating a charter for the City of Augusta; and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, the nays 0.
The bill having received the requisite constitutional majol"ity was passed.
By Mr. Campbell of NewtonHouse Bill No. 816. A bill to be entitled an Act to amend an Act creating the
City of Avondale Estates, which said Act relates to the powers of the 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 110, 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 Kelley of the 30th DistrictSenate Bill No. 223. A bill to be entitled an Act to amend the Act creating the
office of Tax Commissioner of Hart County; and for other purposes.
Referred to Committee on Counties and County Matters.
By unanimous consent, the following bill of the House was withdrawn from further consideration:
By Mr. Carmichael of ButtsHouse Bill No. 788. A bill to be entitled an Act to amend an Act to create a
new Charter for the City of Jackson; and for other purposes.
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, to-wit:
By Mr. Campbell of NewtonHouse Bill No. 816. A bill to be entitled an Act to amend an Act creating the
City of Avondale Estates, which said Act relates to the powers of the City Court; and for other purposes.
Under the special and continuing order of business, established by the Committee on Rules, the following hllls and resolutions of the House and Senate were taken up for consideration and read t'he third time.

1392

JOURNAL OF THE HOUSE,

By Mr. Sapp of Coffee-
House Bill No. 805. A bill to be entitled an Act to repeal an Act creating the office of Tax Receiver of Coffee County: and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Sapp of Coffee-
House Bill No. 754. A bill to be entitled an Act to provide for holding four terms a year of the Superior Court of Coffee County; and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Lanham, Davis and Rogers of Floyd-
House Resolution No. 186-807 a. A resolution authorizing the State Librarian to furnish certain missing court reports to the Judge of the Superior Court in Floyd 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 Senator Howe of the 38th District-
Senate Resolution No. 36. A resolution authorizing the State Librarian to furnish certain law books to J:l aralson 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 Mr. Clark of CatoosaHouse Resolution No. 171-740 a. A resolution authorizing the State Librarian
to furnish certain law books to Catoosa County; and for other purposes.
The report of the Committee, which was favorable to the adoption of the resolution, was agreed to.

WEDNESDAY, MARCH 15, 1939

1393

On the adption of the resolution, the ayes were 110, the nays 0.
The resolution having received the requisite constitutional majority was adopted.
By Mr. Forrester of Dade-
House Resolution No. 60-259 a. A resolution authorizing and directing the State Librarian to furnish certain books to Dade 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 105, the nays 0.
The resolution having received the requisite constit11tional maiority was adopted.
By Messrs. Goddard and Purdy of Spalding-
Hous"e Resolution No. 55-241 a. A resolution authorizing the State Librarian to furnish certain enumerated volumes of the Georgia Supreme Court and Georgia Court of Appeals to the Clerk of the Superior Court of Spalding 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 Mr. Pannell of Murray-
House Resolution No. 62-259 c. A resolution authorizing the State Librarian to furnish certain law books to the Ordinary of Murray 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 wt:re 106, the nays 0.
The resolution having received the requisite constitutional majority was adopted.
By Messrs. Hatchett and McGraw of MeriwetherHause Bill No. 783. A bill to be entitled an Act to repeal an Act to provide
for holding four terms in each year of the Superior Court of Meriwether County; and for other purposes.
The report of the 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.

1394

JOURNAL OF THE HOUSE,

By Messrs. Allison and Pharr of Gwinnett-
House Resolution No. 128-480 a. A resolution authorizing the State Librarian to furnish certain volumes of Supreme and Court of Appeals Reports to Gwinnett 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 passed.
By Messrs. Simmons and Mills of Decatur-
House Resolution No. 142-533 b. A resolution authorizing the State Librarian to furnish certain Supreme Court Reports to the Ordinary of Decatur 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 110, the nays 0.
The resolution having received the requisite constitutional majority was adopted.
By Messrs. Marion Ennis and J. H. Ennis of Baldwin-
House Bill No. 698. A bill to be entitled an Act to provide for the sale of surplus products of institutions under the control and supervision of the State Welfare Department; and for other purposes.
The report 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. Beck and Reid of Carroll-
House Bill No. 474.
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 Bowdon, Carroll 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 the 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 than for the retirement of said bonded

WEDNESDAY, MARCH 15, 1939

1395

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 Town of Bowdon, 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
That Article 7, Section 7, and 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 Bowdon in Carroll 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 mcludes principal and interest, for the purpose of refunding and retiring any bonded indebtedness for said Town of Bowdon municipality and 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 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 Town of Bowdon and then shall be validated as is provided by law."
SECTION 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 to Article 7, Section 7, Paragraph 1, of the Constitution authorizing the Town of Bowdon 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 ratificationof amendment to Article 7, Section 7, Paragraph l, of the Constitution authorizing the Town of Bowdon 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 elections~ for members of the General Assembly, and said amendment shall become a part of Article 7, Section 7, Paragraph l, of the Constitution of the State and the Governor shall make a proclamation therefor as provided by law.

1396

JOURNAL OF THE HOUSE,

SECTION 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 in the affirmative were Messrs.:

Aiken Allen Allison of Gwinnett Allison of White Almand Ansley Atkinson Barlow Barrett Beck Bennett of Clarke Bennett of Ware Binion Blackshear Blease Bloodworth Boyd of Cook Boyd of Greene Branch Bray Brooks of Jackson Bruce Bynum Campbell Carmichael of Butts Carmichael of Cobb Carrington Cheney Clary Claxton Clements of Calhoun Clements of Wheeler Cobb Connell Conner Cook

Corbett Culpepper of Fayette Curry Daughtry Davidson Davis of Coweta Davis of Floyd Dean DeFoor Dockery Douglass Drake Drinkard Edwards of Taylor English Ennis, J. H. Etheridge of Fulton Etheridge of Houston Evans of Laurens Evans of McDuffie Ferguson of Camden Ferguson of Sumter Ford Forrester of Crisp Forrester of Dade Foster Franklin of Bulloch Gavin Gill Goddard Goolsby Gowen Graham Grant Greene Grice

Griffin Gross of Stephens Gross of Washington Guyton Harden Hardman Harrison of Crawford Harrison of Jenkins Harvey Hatchett Henderson Herndon Hinson Holtzendorff Howard Jackson Joel Jones of Brantley Jones of Richmond Kaigler Kelley Kendrick Key King Lanham Lanier Le~vis Looper Lovett Mankin Marshall Mason Maxwell :McBride McCracken McDaniel

WEDNESDAY, MARCH 15, 1939

1397

McGraw McNall Merritt Middleton Mills Moore of Lumpkin Moore of Taliaferro Morgan Mosely Pannell Parham Parker Pharr Pierce Preston Purdy Ragan Rawlins

Reid Roughton Rountree Sabados Sams Sanders Sapp Sartain Saunders Scott Smiley Strickland of Haralson Strickland of Pierce Summerour Sumner Swindle Tate Terrell

Thigpen of Glascock Thornton Tippins Tomlinson Trippe Vickery Wages Warren Wells Whitaker Wiggins Williams of Ware Wohlwender Wright Yawn Yeomans

Those not voting were Messrs.:

Bell Brooks of Oglethorpe Bush Candler Carter Chappell Clark Clements of Marion Coogler Culpepper of Mitchell Dallis Dickerson Easley Edwards of Lowndes Elliott

Ennis, Marion Etheridge of Baker Flanders Fowler of Douglas Fowler of Treutlen Franklin of Polk Gaines Grayson Hayes Hill Johnson Jones of Paulding Kennedy Kimbrough Miller

Moss Pilcher Rees Rogers Rossee Simmons Smith of Henry Smith of Schley Stiles Thigpen of Evans Tipton Turner Whipple Williams of Bacon

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

On the passage of the bill, the ayes were 160, the nays 0.

The bill having received the requisite constitutional majority was passed.

By Mr. Swindle of Berrien-

House Bill No. 727.

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

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authorize the City of Ray City 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 to this date and which may become due up to and including June 15, 1940, and remain unpaid, incurred by said City of Ray City, Berrien County, Georgia, for water works and electric lights, balance principal on said bonds maturing June 15, 1940, being the sum of $15,500; 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 June 15, 1940; 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 Ray City, Georgia, may issue refunding serial bonds not in excess of the aggregate sum of $15,500 plus all unpaid interest on said bonds as of June 15, 1940, for the purpose of refunding and retiring any bonded indebtedness and interest thereon of said City outstanding past due and unpaid on June 15, 1940, and any bonded indebtedness and interest thereon of said City outstanding past due and unpaid on June 15, 1940, and any bonded indebtedness and interest thereon of said City outstanding and which becomes due up to and including June 15, 1940, for water works and electric lights, 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 City of Ray City 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 June 15, 1940. Said refunding bonds shall be issued when authorized by a vot~ of the Mayor and Council of the City of Ray City, Georgia, and shall be validated as provided by law."
SECTION 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 mon~hs 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 to Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the City of Ray City, Georgia, 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

WEDNESDAY, MARCH 15, 1939

1399

of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the City of
Ray City 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 result 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.

SECTION 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:

Voting in the affirmative were Messrs.:

Aiken Allen Allison of Gwinnett Allison of White Almand Ansley Barlow Barrett Beck Bennett of Clarke Bennett of Ware Binion Blackshear Blease Bloodworth Boyd of Cook Boyd of Greene Branch Brooks of Jackson Bruce Bynum Campbell Carmichael of Butts Carter Cheney Clary Claxton Clements of Calhoun Clements of Wheeler

Connell Cook Corbett Culpepper of Fayette Dallis Davis of Coweta Davis of Floyd DeFoor Dickerson Dockery Douglass Drake Drinkard Edwards of Taylor English
Ennis, J. H. Ennis, Marion Etheridge of. Fulton Etheridge of Houston Evans of McDuffie Ferguson of Camden Ford Forrester of Crisp Forrester of Dade Foster Franklin of Bulloch Gavin Gill Goddard

Goolsby Gowen Graham Grant Greene Grice Griffin Gross of Washington Guyton Harden Harrison of Crawford Harrison of Jenkins Hatchett Henderson Herndon Hill Hinson Holtzendorff Howard Jackson Joel Jones of Brantley Jones of Richmond Kaigler Kelley Kendrick Key
Kimbrough King

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Lewis Looper Mankin Maxwell McBride McCracken McDaniel McGraw McNall Merritt Middleton Mills Moore of Lumpkin Moore of Taliaferro Pannell Parham Parker Pharr

Pierce Preston Purdy Rawlins Reid Roughton Rountree Sabados Sams Sanders Sapp Sartain Saunders Smiley Smith of Henry Stiles Strickland of Haralson Sumner

Swindle Terrell Thigpen of Glascock Thorton Tippins Tipton Tomlinson Trippe Turner Vickery Wages Wells Whitaker Wiggins Williams of Bacon Wright Yawn Yeomans

Those not voting were Messrs.:

Atkinson Bell Bray Brooks of Oglethorpe Bush Candler Carmichael of Cobb Carrington Chappell Clark Clements of Marion Cobb Conner Coogler Culpepper of Mitchell Curry Daughtry Davidson Dean Easley Edwards of Lowndes

Elliott Etheridge of Baker Evans of Laurens Ferguson of Sumter Flanders Fowler of Douglas Fowler of Treutlen Franklin of Polk Gaines Grayson Gross of Stephens Hardman Harvey Hayes Johnson Jones of Paulding Kennedy Lanham Lanier Lovett Marshall

Mason Miller Morgan Mosely Moss Pilcher Ragan Rees Rogers Rossee Scott Simmons Smith of Schley Strickland of Pierce Summerour Tate Thigpen of Evans Warren Whipple Williams of Ware Wohlwender

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

On the passage of the bill, the ayes were 141, the nays 0.

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

WEDNESDAY, MARCH 15, 1939

1401

By Messrs. McGraw and Hatchett of Meriwether-
Hause Resolution No. 177-799 a.
A RESOLUTION
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 Greenville 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 exclusively for the retirt!ment 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 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 by adding at the end thereof a new paragraph in the following words, to-wit:
"And except that the City of Greenville may issue refunding serial bonds not in excess of the aggregate sum of Sixteen Thousand ($16000) 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, 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 Greenville 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 Mayor and City Council and shall be validated as provided by law."
SECTION 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 Greenville 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 Greenville to

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JOURNAL OF THE HOUSE,

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 result 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 l, of the Constitution of the State, and the Governor shall make a proclamation therefor, as provided by law.

SECTION 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.

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

Voting in the affirmative were Messrs.:

Aiken Allen Allison of Gwinnett Allison of White Ansley Barlow Barrett Beck Bell Bennett of Clarke Binion Blackshear Blease Bloodworth Boyd of Greene Branch Bray Bruce Bynum Carmichael of Butts Carmichael of Cobb Carter Cheney Claxton Clements of Calhoun Clements of Wheeler Cobb Connell Corbett Culpepper of Fayette

Curry Dallis Davidson Davis of Coweta Dean DeFoor Dickerson Dockery Douglass Drake Drinkard Edwards of Lowndes Edwards of Taylor English Ennis, J. H. Ennis, Marion Etheridge of Fulton Etheridge of Houston Evans of Laurens Evans of McDuffie Ferguson of Camden Ferguson of Sumter Ford Forrester of Crisp Forrester of Dade Foster Fowler of Douglas Fowler of Treutlen Gaines Gavin

Gill Goddard Goolsby Gowen Graham Grant Greene Grice Griffin Gross of Washington Guyton Harden Harrison of Crawford Harrison of Jenkins Harvey Hatchett Henderson Herndon Hinson Holtzendorff Howard Jackson Joel Johnson Jones of Brantley Jones of Richmond Kaigler Kelley Kendrick Kennedy

WEDNESDAY, MARCH 15, 1939

1403

Key King Looper Mankin Marshall Mason Maxwell McBride McCracken McDaniel McGraw Middleton Mills Moore of Lumpkin Morgan Mosely Pannell Parham Pharr Pierce

Preston Purdy Rawlins Reid Rees Roughton Rountree Sabados Sams Sanders Sapp Sartain Saunders Smiley Smith of Henry Stiles Strickland of Haralson Strickland of Pierce Summerour Sumner

Swindle Tate Terrell Thigpen of Glascock Thornton Tippins Tipton Tomlinson Trippe Turner Vickery Wages Warren Wells Whitaker Wiggins Williams of Bacon Wohlwender Wright Yeomans

Those not voting were Messrs.:

Almand Atkinson Bennett of Ware Boyd of Cook Brooks of Jackson Brooks of Oglethorpe
Bu~h
Campbell Candler Carrington Chappell Clark Clary Clements of Marion Conner Coogler Cook Culpepper of Mitchell

Daughtry Davis of Floyd Easley Elliott Etheridge of Baker Flanders Franklin of Bulloch Franklin of Polk Grayson Gross of Stephens Hardman Hayes Hill Jones of Paulding Kimbrough Lanham Lanier Lewis

Lovett McNall Merritt Miller Moore of Taliaferro Moss Parker Pilcher Ragan Rogers Rossee Scott Simmons Smith of Schley Thigpen of Evans Whipple Williams of Ware Yawn

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

On the adoption of the resolution, the ayes were 150, the nays 0.

The resolution having received the requisite two-thirds constitutional majority, was adopted.

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JOURNAL OF THE HOUSE,

The following bills of the House were taken up for the purpose of considering the Senate amendments thereto:
By Mr. Boyd of Greene-
House Bill No. 721. A bill to be entitled an Act to create a new Charter for the City of Greensboro; and for other purposes.
The following Senate amendment to House Bill No. 721, was read and agreed to:
The Senate moves to amend House Bill No. 721, Section 45, by adding at the end of said Section the following:
"Provided, however, that the provisions of this Section shall not apply to property assessed for ad valorem taxation by the State Revenue Commissioner under the provisions of Section 92-5903 of Georgia Code of 1933 and Act No. 296, Extra Session of 1937-1938."
By Mr. Pannell of Murray-
House Bill No. 622. A bill to be entitled an Act to '!mend an Act to fix the salaries of the members of the Board of Roads and Revenues of Murray County; and for other purposes.
The following Senate Substitute to House Bill No. 622, was read and agreed to:
A BILL
To be entitled an Act to abolish the Board of Roads and Revenues of Murray County, Georgia, as established and created by an Act approved February 10, 1933, (Georgia Laws 1933, Pages 626-634) as amended by an Act approved March 28, 1935, (Georgia Laws 1935, Pages 765-773), and to repeal both said Acts in their entirety, so as to create a new Board of Roads and Revenues of Murray County, Georgia; to determine by ballot the number comprising said Board, and to provide for an election therefor; to prescribe the term of office of the member or members of said Board and the rights, powers and duties thereof; election of the successor or successors; to fix the term of office of the member or members of said Board and their compensation; to provide for a Clerk and an Attorney for said Board and to fix their compensations; and to prescribe the duties of said Clerk; to provide for filling vacancies; to provide for a depository for county funds; to prohibit the employment of or contract with relatives; to prohibit the member or members of said Boards or any other person in the employ of Murray County from having any financial interest in the purchase or sale of merchandise, supplies, machinery, equipment or other property to or by Murray County; to prohibit any member of said Board or other employees of Murray County from receiving anything of value on account of the purchase or sale of any article to or by Murray County; to provide that the present incumbents on the Board of Roads and Revenues of Murray County shall remain in office until January 1, 1941 ; and to prescribe the rights, powers and duties of the present incumbents on said Board; to provide for the compensation of the present incumbents on said Board, and to provide for an election to deter-

WEDNESDAY, MARCH 15, 1939

14{)5

mine the amount of said compensation; to provide that no vacancy which may occur among the present incumbents on said Board shall be filled; 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 the Board of Roads and Revenues of Murray County, Georgia, as established and created by an Act approved February 10, 1933 (Georgia Laws 1933, Pages 626-634) as amended by an Act approved March 28, 1935 (Georgia Laws 1935, Pages 765-773) be and the same is hereby abolished and said Acts repealed in their entirety.
SECTION 2.
There is hereby created a Board of Roads and Revenues for the County of Murray, to consist of the present incumbents until January 1, 1941. but on and after January 1, 1941, said Board shall consist of three members, or of only one member, as determined by an election hereinafter provided for. Said Board shall have authority and control over the fiscal and other affairs of said County, and over the roads, buildings and bridges of said County, and shall generally exercise such authority and control of said County as is provided by law for a Board of Roads and Revenues.
SECTION 3.
Except where otherwise provided in this Act. the powers and duties of said Board of Roads and Revenues shall be as defined by the General Laws of Georgia with reference to the powers and duties of the authorities in charge of the control and management of County affairs.
SECTION 4.
That within thirty days after the passage and approval of this Act, the Ordinary of Murray County shall call a special election to determine whether said Board of Roads and Revenues herein provided for shall be composed of three men, or shall be composed of one man. The expenses of said election shall he paid by Murray County. Ballots shall be furnished with the words "For a three man Board", and, "For a one man Board", plainly printed thereon. The majority vote cast at said election shall determine whether said Board shall consist of one man or three men on and after January 1, 1941.
SECTION 5.
The election of the members of said Board to succeed the present incumbents on said Board shall be at the regular election for County officers held in Murray County in 1940, and the one man or three men elected under the provisions of this Act shall take office on the first day of January, 1941, and shall continue in office for four years and until his successor or their successors are duly elected and quali-

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JOURNAL OF THE HOUSE,

fied. The present incumbents of said Board shall continue to hold office until January 1, 1941.
SECTION 6.
Be it further enacted by the authority aforesaid that if it is declared that said Board of Roads and Revenues on and after January 1, 1941, shall consist of three members, said Board shall meet in their office at the Courthouse in regular meeting on the first Tuesday in each month for the transacting of any business appertaining to County affairs, and shall meet at such special or called meetings as they may see fit to hold. They shall each receive as compensation the sum of Five Hundred ($50().00) Dollars per annum, payable monthly, and shall not draw pay tor any other services rendered said County. Before entering upon the duties of said office, the members of said Board shall take and subscribe to an oath for the faithful performance of their duties, and shall give bond payable to and approved by the Ordinary of said County in the sum of Two Thousand ($2,000.00) Dollars each, with good and sufficient security conditioned upon the faithful perfot mance of their duties.
SECTION 6-a.
The present incumbents of said Board shall not be required to give new bonds, and their present bonds shall continue to be in full force and effect, and said present incumbents shall have, from and after the passage of this Act, all rights, powers and duties possessed by or delegated to and devolving upon the Board herein created.
SECTION 7.
Be it further enacted by the authority aforesaid that in the event it is declared that said Board of Roads and Revenues shall on and after January 1, 1941, consist of only one man, the member so elected shall specify one regular day of each week. and the first Tuesday of each month in which he shall remain in his office at the Courthouse of said County, for the transaction of public business in connection with his office, and the remainder of the working time of each month, unless necessarily required for the transaction of public business in his office, shall be devoted to the personal supervision of laying out road work, investigation of roads and bndges or other public property, the measure and delivery of supplies to the convict camp, the direction and management of said camp or camps, and generally to the affairs of the County. He shall devote his entire time to the discharge of his duties, and during his incumbency in office shall not engage in any business enterprise or accept any other responsibility which would interfere with the discharge of his duties. Before entering upon the duties of his office, he shall take and subscribe to an oath for the faithful discharge of his duties as required herein, and shall enter into a bond in the sum of Ten Thousand ($10,000.00) Dollars, with good and sufficient security, which bond shall be payable to and approved hy the Ordinary of said County, and conditioned for the faithful discharge of the duties of his office and the faithful accounting for all property and funds coming into his hands by virtue of his office. He shall be paid in compensation for his services the sum of Fifteen H unrired ($1500.00) Dollars per annum, payable monthly.

WEDNESDAY, MARCH 15, 1939

1407

SECTION 8.
Be it further enacted by the authority aforesaid and it is hereby enacted by authority of the same that the Ordinary of Murray County shall be the Clerk of said Board of Roads and Re-venues at a salary of Twenty ($20.00) Dollars per month. It shall be the duty of said Clerk to attend all meetings of the Board and to keep in well bound books, to be provided by the Board at the expense of the County, full and accurate records and minutes of all proceedings and transactions of said Board, and a book showing itemized accounts of all receipts and disbursements, to file in order of their dates all original bills and statements and claims rendered against the County, showing the approval for payment by the Board of Roads and Revenues, and to arrange and file any orders, petitions, applications, and other papers addressed to and belonging to the Board, and to issue and sign as Clerk all checks or warrants against the County funds and 111 the depository of County funds, in payment of approved bills and statements of monies due by said County, and all checks or warrants issued and signed must be countersigned by the Chairman of said board, which checks or warrants shall be numbered and stubbed and show for what purpose drawn, and recorded in proper disbursement docket. All books, papers, letters and documents showing the disbursement of any funds and the various transactions of the Board shall be kept by the Clerk of said Board in the office of said Clerk at the Courthouse m Murray County, and be subject to examination and inspection by any taxpayer at any time.
SECTION 9.
Be it further enacted that it shall be the duty of the Clerk to post monthly, at some place in the Courthouse where it may be inspected by the public, an itemized statement of the financial condition of said County, showing in detail all funds paici into the County Treasury and from what source received; also showmg in detail all disbursements made by said County; also showing an itemized statement of all accounts paid and showing who made the purchases. Such posted statement shall also show the balance on hand or the warrants outstanding.
SECTION 10.
Be it further enacted that said Board of Roads and Revenues shall have authority to employ a competent Attorney-at-Law to advise the Board and represent the County in any litigation which may arise in which said County is a party. Said Board shall pay said County Attorney such compensation as may be agreed upon, not in excess of One Hundred Fifty ($150.00) Dollars per annum, for his services in advising said Board.
SECTION II.
Be it further enacted by the authority aforesaid that said Board of Roads and Revenues may select some solvent bank in said County, as a depository of the County funds, which depository so selected shall receive all funds of the County, and disburse the same only on vouchers signed by the Chairman of said Board in event a three man Board is declared, or by the sole member in event a one man Board is

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JOURNAL OF THE HOUSE,

declared; except it may pay the jury script and court bailiff's hire, issued by the Clerk of the Superior Court, and orders drawn by the Judge of the Superior Court of said County. Such depository so selected shall keep a record of all funds of the County and make a report thereof once a month to said Board, free of charge to the County.
SECTION 12.
Be it further enacted that it shall be unlawful for the member of said Board, or members, in event a three man Board is declared and elected, to employ any person related to the member or any member within the fifth degree, either by blood or marriage, or to contract with such person or persons for any equipment, material or supplies, or for any work to be done on the public roads, bridges or other works of the County, except when bids are received for equipment, machinery or supplies, or for work to be done on the public roads, bridges or other works of the County, upon full specifications and due advertisements in regard thereto and a person related to the member or any member is the lowest bidder therefor.
SECTION 13.
Be it further enacted that it shall be unlawful for the member or members of said Board, the Clerk of the Board, Convict Warden, or any other person in the employ of Murray County, or any other person employed, either directly or indirectly, to have any financial interest in the purchase of goods, wares, merchandise, supplies, machinery or equipment purchased for said County; or to receive any bonus, percentage, gift or any other thing of value for the purcha~e of any article sold to said County or bought from said County by any person, firm, or corporation; or to accept any free trips, or free transpotations, or any other thing of pleasure or value from any person, firm or corporation who contemplates selling any article to the County of Murray or purchasing any article from the County of Murray.
SECTION 14.
Be it further enacted by the authority aforesaid that in event a one man Board is declared and a vacancy occurs in said office after the election of said Board by reason of death, resignation or otherwise, the affairs of said office shall be conducted by the Ordinary of said County, with all the authority and power of the Board, until his successor is elected and qualified, to be elected at a special election called by the Ordinary of said County, to be held within thirty days after death, resignation or other cause resulting in said vacancy. In the event a Board of three men is declared, and a vacancy occurs after the election of said members, all the powers and authority of said Board shall be exercised by the surviving members thereof, and the Ordinary of said County shall call an election to fill said vacancy within thirty days from the time said vacancy occurs.
SECTION 14-a.
In the event a vacancy occurs among the present incumbents on said Board, all the powers and authority of said Board shall be exercised by the surviving members thereof, and no election shall be held to fill said vacancy.

WEDNESDAY, MARCH 15, 1939

1409

SECTION 15.
Be it further enacted by the authority aforesaid that within thirty days after the passage and approval of this Act the Ordinary of Murray County shall call a special election to determine whether the salaries of the present incumbents on said Board shall remain the same as they are now or whether they shall be increased to Five Hundred ($500.00) Dollars per annum for each member. The expense of said election shall be paid by Murray County. Ballots shall be furnished with the words "For increasing the salaries of each of the present members of the Board of Roads and Revenues to Five Hundred ($500.00) Dollars per annum." and the words "Against increase in salary for each of the present members of the Board of Roads and Revenues." In the event a majority vote cast at said election shall determine that said salaries shall be increased to Five Hundred ($500.00) Dollars, each of the present incumbents on said Board shall receive a salary of Five Hundred ($500.00) Dollars per annum, payable monthly from May 1, 1939, to January I, 1941. In the event a majority vote cast at said election shall determine that there shall be no increase in the salaries of the present incumbents on said Board, then the salaries of the present incumbents on said Board shall remain the same as existed prior to the passage of this Act.
SECTION 16.
Be it further enacted by the authority aforesaid that if for any reason any section, provision or clause of this Act should be held invalid, then such decision shall not affect or destroy the validity of any other portion of this Act.
SECTION 17.
All laws or parts of laws in conflict with this Act be and the same are hereby repealed.
By Mr. Pannell of Murray-
House Bill No. 614. A bill to be entitled an Act to amend an Act to consolidate and abolish the offices of the Tax Receiver and Tax Collector of Murray County; and for other purposes.
The following Senate amendments to House: Bill No. 614, were read and agreed to:
The Senate moves to amend the Caption of House Bill No. 614, by adding after the words "Murray County, Georgia," the following words, to-wit: "To fix salary of such officer," the new caption to read as follows:
"A bill entitled an Act to amend an Act entitled an Act to consolidate and abolish the officer of Tax Receiver and Tax Collector of Murray County, Georgia, to fix salary of such officer; and for other purposes."
The Senate moves to amend caption to House Bill, No. 614, by adding after the words Murray County, Georgia, the following word, to-wit: To fix salary of such officer, the new caption to read as follows:

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JOURNAL OF THE HOUSE,

"A bill entitled an Act to amend an Act entitled an Act to consolidate and abolish the officer of tax receiver and tax collector of :Hurray County, Georgia, to fix salary of such officer; and for other purposes."
Under the special and continuing order of business, established by the Committee on Rules, the following bills of the House were ta':en up for consideration and read the third time:
By Messrs. Key of Jasper and Sams of De KalbHouse Bill No. 317. A bill to be entitled an Act to regulate the processing,
manufacturing and sale of frozen desserts; and for other purposes.
Mr. Carrington of Barrow moved the previous question, the motion prevailed, and the main question ordered.
The following amendments to House Bill No. 317, were read and adopted:
Sams of DeKalb and Key of Jasper, move to ame:-:d House Bill No. 317, known as Frozen Dessert Bill, by amending:
Section 7 of said bill by adding to the Section the following words:
"No ice milk as defined in Sub-section H, of Section 1, of this Act, shall be sold or offered for sale in this State except in factory-filled containers or packages."
Sartain of Walker, moves to amend House Bill No. 317 by adding at the end of Section 1 the following:
Provided, however, that retail stores operating freezers of five ( 5) gallon capacity or less, for their sole use, shall not be subject to this provision.
Etheridge of Fulton moves to amend House Bill No. 317 as follows:
1. To amend Section 1, Paragraph C, by inserting after the words "milk products" a comma and inserting the words "for the purpose of this Act only", so that the Section will read as follows:
C. "Milk Products", for the purpose of this Act only, means pure, clean and wholesome cream, pure- sweet- cream- fat- butter, milk, evaporated milk, skimmed milk, condensed milk, sweetened condensed milk, sweetened condensed skim milk, condensed skimmed milk, dried milk, dried skimmed milk.
Mr. Bvnum of Rabun moves to amend House Bill No. 317 by adding after the last word in Section 5 thereof, the words as follows:
Provided that this Act shall not be effective in counties of a population of less than 20,000 people according to the United States Census of 1930.
The report of the Committee, which was favorable to the passage of the bill, was agreed to, as amended.
The roll call was ordered and the vote was as follows:

WEDNESDAY, MARCH 15, 1939

1411

Voting in the affirmative were Messrs.:

Bloodworth Boyd of Greene Candler Carmichael of Butts Claxton Clements of Wheeler Corbett Davidson Davis of Floyd Dean Dockery Etheridge of Fulton Etheridge of Houston Evans of Laurens Ferguson of Camden Fowler of Douglas Grice

Griffin Gross of Stephens Gross of Washington Harden Harrison of Jenkins Hill Hinson Jackson Jones of Richmond 'Kendrick Kennedy Key King Lanham Lanier Mankin Marshall

Those voting m the negative were Messrs.:

Aiken Allen Allison of Gwinnett Allison of White Almand Barlow Barrett Beck Bell Bennett of Ware Binion Blease Boyd of Cook Branch Bray Brooks of Jackson Bruce Bynum Carrington Chappell Cheney Clary Clements of Calhoun Cobb Conner Cook

Culpepper of Fayette Culpepper of Mitchell Curry Davis of Coweta DeFoor Dickerson Douglass Drake Drinkard Edwards of Taylor Elliott English Evans of 1\:fcDuffie Flanders Ford Forrester of Crisp Forrester of Dade Foster Franklin of Bulloch Franklin of Polk Gaines Gill Goddard Goolsby Graham Grant

McBride McGraw. Merritt Moore of Lumpkin Morgan Pierce Pilcher Roughton Sams ::lapp Scott Smiley Smith of Henry Stiles Thigpen of Glascock Tipton Turner
Greene Guyton Harrison of Crawford Harvey Henderson Herndon Holtzendorff Howard Johnson Jones of Paulding Looper Mason Maxwell McCracken McDaniel Middleton Miller Mills Mosley Pannell Parham Parker Pharr Preston Purdy Ragan

1412

JOURNAL OF THE HOUSE,

Rawlins Rountree Sabados Sanders Sartain Strickland of Haralson Summerour Sumner Swindle

Tate Thigpen of Evans Thornton Tippins Tomlinson Trippe Vickery Wages Warren

Wells Whipple Wiggins Williams of Bacon Williams of Ware Wohlwender Wright Yeomans

Those not votin11; were Messrs.:

Ansley Atkinson Bennett of Clarke Blackshear Brooks of Oglethorpe Bush Campbell Carmichael of Cobb Carter Clark Clements of Marion Connell Coogler Dallis Daughtry Easley Edwards of Lowndes

Ennis, J. H. Ennis, Marion Etheridge of Baker Ferguson of Sumter Fowler of Treutlen Gavin Gowen Grayson Hardman Hatchett Hayes
Joel Jones of Brantley Kaigler Kelley Kimbrough Lewis

Lovett McNall Moore of Taliaferro Moss Rees Reid Rogers Rossee Saunders Simmons Smith of Schley Strickland of Pierce Terrell Whitaker Yawn

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

On the passage of the bill, as amended, the ayes were 51, the nays 104,

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

By Mr. Swindle of BerrienHouse Bill No. 309.

A BILL
To be entitled, and 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 Nashville, 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 and unpaid as of November 1, 1936, and that which becomes due up to and including November 1, 1942; to provide that the funds raised from such additional bonded indebtedness shall be used exclusively for the retirement of said

WEDNESDAY, MARCH 15, 1939

1413

bonded indebtedness that is due as of November 1, 1936, and that may become due as of November 1, 1942; 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, AND IT IS HEREBY ENACTED BY AUTHORITY OF SAME:
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 City of Nashville of Berrien County, Georgia, may issue refunding serial bonds not in excess of the aggregate sum of $28,000, for the purpose of refunding and retiring the bonded indebtedness of the City of Nashville outstanding, past due, and unpaid on November 1, 1936, in the sum of $16,000, and the bonded indebtedness of said City of Nashville outstanding and which becomes due up to and including November 1, 1942, in the sum of $12,000, and provided 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 such refunding bonds so issued by the City of Nashville, Berrien County, Georgia, to be used exclusively for the purpose of paying .md retiring said bonded indebtedness that is or may become due and unpaid as of November 1, 1936, and which said bonded indebtedness may become due and unpaid as of N ovt>mber 1, 1942. Said refunding bonds shall be issued when authorized by a vote of the mayor and council of the City of Nashville, Berrien County, Georgia, and shall be validated.

SECTION 2.
Be it further enacted that when said amendment is agreed to by two-thirds vote of the members of each house, with the "ayes" and "nays" therein, 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 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 Nashville, Berrien County, Georgia, to issue refunding bonds," and all persons opposed to the adoption of said amendment shall have written or printed on said ballots the words: "Against ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the City llf Nashville, Berrien County, Georgia, 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 amend-

!414

JOURNAL OF THE HOUSE,

ment 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.

SECTION 3.

Be it further enacted that all laws and parts of laws in conflict with this Act are hereby repealed.

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

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.:

Aiken Allen Allison of Gwinnett Allison of White Almand Ansley Barlow Barrett Beck Bennett of Clarke Bennett of Ware Binion Blackshear Blease Bloodworth Boyd of Cook Boyd of Greene Branch Bray Brooks of Jackson Brooks of Oglethorpe Bruce Bynum Carmichael of Butts Carmichael of Cobb Chappell Cheney Clary Claxton Clements of Calhoun Clements of Wheeler Cobb Connell

Conner Cook Corbett Culpepper of Fayette Curry Davidson Davis of Coweta Davis of Floyd Dean DeFoor Dickerson Dockery Douglass Drake Drinkard Edwards of Taylor English Etheridge of Fulton Etheridge of Houston Evans of Laurens Evans of McDuffie Ferguson of Camden Ferguson of Sumter Ford Forrester of Dade Franklin of Bulloch Franklin of Polk Gaines Gill Goddard Gowen Graham Grant

Greene Grice Griffin Gross of Washington Harden Harrison of Crawford Harrison of Jenkins Harvey Hatchett Hayes Henderson Herndon Hinson Holtzendorff Howard Jackson Joel Jones of Brantley Jones of Paulding Jones of Richmond Kelley Kendrick Kennedy Key Kimbrough
King Lanham Lewis Mankin Marshall Mason Maxwell McBride

WEDNESDAY, MARCH IS, 1939

1415

McCracken McDaniel McGraw Merritt Miller Mills Moore of Lumpkin Moore of Taliaferro Morgan
Mo~ely
Pannell Parham Pharr Pierce Preston Purdy Ragan Rawlins Rees

Rossee Roughton Rountree Sabados Sams Sanders Sartain Saunders Scott Smiley Smith of Henry Stiles Strickland of Haralson Strickland of Pierce Summerour Sumner Swindle Tate Terrell

Thigpen of Evans Thigpen of Glascock Thornton Tippins Tomlinson Trippe Turner Vickery Wages Warren Wells Whitaker Wiggins Williams of Bacon Williams of Ware Wohlwender Wright

Those not voting were Messrs.:

Atkinson Bell Bush Campbell Candler Carrine:ton Carter Clark Clements of Marion Coogler Culpepper of Mitchell Dallis Daughtry Easley Edwards of Lowndes Elliott Ennis, J. H.

Ennis, Marion Etheridge of Baker Flanders Forrester of Crisp Foster Fowler of Douglas Fowler of Treutlen Gavin Goolsby Grayson Gross of Stephens Guyton Hardman Hill Johnson Kaigler Lanier

Looper Lovett McNall Middleton Moss Parker Pilcher Rees Rogers Sapp Simmons Smith of Schley Tipton Whipple Yawn Yeomans

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

On the passage of the bill, the ayes were 154, 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:

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JOURNAL OF THE HOUSE,

By Mr. Bennett of Clarke-
House Bill No. 184. A bill to be entitled an Act to provide for the election of the Clerk of the Board of Commissioners of Roads and Revenues of the County of Clarke; and for other purposes.
The following Senate substitute to Houie Bill No. 184, was read:
An Act to amend an Act entitled "An Act to create a Board of Commissioners of Roads and Revenues for the County of Clarke; to prescribe the duties and powers thereof, and for other purposes," approved December 15, 1897, and the amendment to said Act approved August 18, 1913, providing for the election of the members of said Board of Commissioners by the qualified voters of the county; and for other purposes, so as to provide for the election of the Clerk of said Board of Commissioners by the qualified voters of said county; to provide for the qualifications, duties, compensation and terms of office of said Clerk; and for other purposes.
Section l. 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 an Act entitled "An Act to create a Board of Commissioners of Roads and Revenues for the County of Clarke; to prescribe the duties and powers thereof; and for other purposes," approved December 15, 1897, as amended by an Act entitled "An Act to amend an Act entitled 'An Act to create a Board of Commissioners of Roads and Revenues for the County of Clarke ; to prescribe the duties and powers thereof and for other purposes,' approved December 15, 1897, so as to provide for the election of the members of said Board of Commissioners by the qualified voters of the county; and for other purposes," be, and the same is hereby, amended as follows:
By striking Section 8 of the Act creating said Board of Commissioners, approved December 15, 1897, which reads as follows:
"Section 8. Be it further enacted by the authority aforesaid, That the Board of Commissioners shall elect their own clerk, with such pay as the board may allow, and it shall be the duty of said clerk to attend all meetings of the commissioners and keep, in a well bound book, to be provided at the c:xpense of the county, full and accurate records and minutes of all their transactions; to file in order of their date all original orders and other papers, and to arrange and keep in order of their filing all petitions and applications and other papers addressed to said commissioners, and to record in a separate book all orders given or approved by said commissioners for the payment of money by the county treasurer; and all books, files and records by this Act required to be used or kept shall always be open at the county site for the inspection of any taxpayer of the county on demand," and substituting in lieu thereof the following:
"Section 8. Be it enacted by the authority aforesaid that there shall be a Clerk. of said Board of Commissioners, who shall be an attorney at law, and it shall be the duty of said Clerk to attend all meetings of the Commissioners and keep, in

WEDNESDAY, MARCH 15, 1939

1417

a well bound book, to be provided at the expense of the county, full and accurate records and minutes of all their transactions; to file in order of their date all original orders and other papers, and to arrange and keep in order of their filing all petitions and applications and other papers addressed to said Commissioners, and to record in a separate book all orders given or approved by said Commissioners for the payment of money by the county treasurer; and all books, files and records by law required to be used or kept shall always be open at the county site for the inspection of any taxpayer of the county on demand. The said Clerk shall be required to advise the Board of Commissioners as to the legality of all tax levies, appropriations, and other expenditures of county revenue, and to give such other legal advice to the Board of Commissioners as they may require, to represent said Board of Commissioners as they may require, to represent said Board in all litigation involving county matters, and to render the usual services customarily performed by county attorneys. The said Clerk is empowered to employ a stenographer and bookkeeper, the expense of which shall be borne by the county, and shall not exceed $125.00 (one hundred and twenty-five dollars) per month. The said Clerk shall be elected by the qualified voters of the county at a specia: election to be called by the Ordinary of Clarke County not later than thirty days after the passage of this Act, in the same manner and under the same rules and regulations as elections for members of the General Assembly, the expense of ~aid election to be paid in the same manner as elections of county officers, and shall hold office until January 1, 1943, and until his successor is elected and qualified; and the successor of said Clerk shall be elected at the general election to be held for state and county officers in the year 1942, and every four years thereafter, at the elections held for state officers, and the term of office shall he for four years from the first of January next succeeding the date of election. The compensation of said Clerk shall not be less than $300.00 (three hundred dollars) per month, payable monthly by the Board of Commissioners. Should a vacancy occur in said office of Clerk, the same shall be filled as is now provided for filling vacancies in the Board of Commissioners of Roads and Revenues of Clarke County, Georgia.

"After the election above provided for the name of the candidate receiving the highest number of votes shall be certified to the Governor by the Ordinary of Clarke County and he shall be commissioned by the Governor."
Section 2. This Act shall not become operative until the same has been approved by the qualified voters of Clarke County, Georgia, voting at an election to be called by the Ordinary of said county within thirty days after the approval of this Act by the Governor. Notice of said election shall be published in the newspaper in which are published the sheriff's advertisements of said county, once a week for two weeks prior to said election. Said election shall be held in the same manner, and under the same rules and regulations as are elections for members of the General Assembly in said county. All persons voting in favor of this Act becoming operative at said election shall have written or printed on their ballots the words "For election of a Clerk to the Board of Commissioners by the people", and those voting in said election against this Act becoming operative shall have written or printed on their ballots "Against the election of a Clerk of the Board of Com-

1418

JOURNAL OF THE HOUSE,

mtsswners by the people." The returns of said election shall be canvassed by the Ordinary and he shall declare the result of the election. In the event that a majority of those voting in said election shall vote for the election of a Clerk of the Board of Commissioners by the people, this Act shall be of force and effect. Should a majority of those voting in said election vote against the election of a Clerk of the Board of Commissioners by the people, this Act shall be void and of no force.
Section 3. Be it further enacted by the authority aforesaid that on the date on which the referendum referred to in Section 8 is submitted to the qualified voters of Clarke County an election shall be held for the office of Clerk of the Board of Commissioners of Clarke County and all candidates for the office of Clerk of the Board of Commissioners of Clarke County shall file a written notice of their intention to become candidates in said election with the Ordinary of Clarke County at least twenty days before said election. The Ordinary of Clarke County is directed and authorized to print the ballots on which shall be placed the names of candidates for the office of Clerk of the Boari of County Commissioners who have qualified with him as is heretofore provided. The candidate receiving the highest number of votes in the election so called shall be declared by the Ordinary as the Clerk of the Board of Commissioners of Roads and Revenues in case a majority of the qualified voters voting in said election vote for the election of the Clerk of the Board of Commissioners of Clarke County by the people and said candidate shall in such event take office as hereinbefore provided.
Section 4. Be it further enacted by the authority af01esaid that said clerk of the Board of Commissioners of Roads and Revenues of Clarke County shall not be permitted to engage in the general practice of law nor shall said Clerk accept any other employment than that provided for in this bill, except such employment as may be authorized by said Board of Commissioners of Roads and Revenues, which in the judgment of said Board is to the interest of the government of Clarke County.
Section 5. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
Mr. Joel of Clarke moved that further consideration of the bill and substitute be indefinitely postponed.
Mr. Bennett of Clarke moved that the House agree to the Senate substitute to House Bill No. 184.
Mr. Etheridge of Fulton moved the previous question, the motion prevailed.
On the motion to indefinitely postpone, Mr. Bennett of Clarke moved the ayes and nays, and the call was not sustained.
On the motion to indefinitely postpone, the ayes were 76, the nays 57.
The motion to indefinitely postpone prevailed.
Under the special and continuing order of bnsiness, established by th~:: Committee

WEDNESDAY, MARCH 15, 1939

1419

on Rules, the following bills of the House were taken up for consideration and read the third time:
By Mr. Hinson of Jeff Davis-
House Bill No. 334. A bill to be entitled an Act to amend an Act to lay off and organize a new county out of portions of Appling and Coffee 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 114, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Allison of Gwinnett, Bynum of Rabun, Bruce of Troup and Lanham of Floyd-
House Bill No. 258. A bill to be entitled an Act to define Title Insurance, to provide a comprehensive method for the licensing and regulating of the business of title insurance; and for other purposes.
Mr. Campbell of Newton moved the previous question, the motion prevailed, and the main question ordered.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 116, 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. Lewis and Wells of Burke-
House Bill No. 276. A bill to be entitled an Act prohibiting any person, firm or corporation, engaged in the purchase of junk, to enter upon the lands of another for the purpose of soliciting business or buying junk; and for other purposes.
Mr. Etheridge of Fulton moved the previous question, the motion prevailed, 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 120, the nays I.
The bill having received the requisite constitutional majority was passed.

1420

JOURNAL OF THE HOUSE,

The following Communications from His Excellency, the Governor, were submitted and read:

State of Georgia Executive Department E. D. Rivers, Governor
Atlanta

March 14, 1939.

The Honorable Roy V. Harris, Speaker and

Members of the Georgia House of Representatives.

Gentlemen:

I have this day vetoed House Bill No. 99 at the request of the author, the Honorable W. H. Jones, representative from Brantley County.

Respectfully submitted,

EDR-rbl

E. D. Rivers, Governor.

encl.

SEAL

State of Georgia Executive Department E. D. Rivers, Governor
Atlanta

March 13, 1939.

Honorable E. D. Rivers,
Governor.
Dear Governor:
One of your secretaries has called my attention to the fact that House Bill No. 99 is being opposed by some of my friends and many of yours. Due to this fact, also due to the fact that there was much 'said about the contents of this bill during the campaign, I will agree for you to 1reto this bill, but I have another bill that effects the Treasurer's Office. I think at least eighty per cent of the people are in favor and I sincerely hope you will see fit to sign the Treasurer's bill

_WEDNESDAY, MARCI;I 15, 1939

1421

regardless of minor protest from some of your close friends. your friends should be willing to compromise on these issues.
Yours sincerely,

I think you and

(Signed) Harley,

W. H. Jones,

HJ-am

Brantley County.

A TRUE COPY:

Downing Musgrove, Secretary,

Executive Department.

State of Georgia
Executive Department
E. D. Rivers, Governor
Atlanta
March 15, 1939.
Honorable Roy V. Harris, Speaker, and Members of the House of Representatives.
Dear Mr. Speaker and Members of the House:
The Chairman of the Ways and Means Committee of the House, Honorable Henderson Lanham, and a group of other members of the House, have conferred with me with reference to the legislative situation.
They state to me that several of the House members held a voluntary meeting last night in an effort to agree upon some measure to provide funds for the imperative and immediate needs of the public school system and the Welfare Department. They state to me that it was the consensus of opinion at that meeting that the only possible measure that could be passed by the House at this session to provide these funds would have to be of a temporary nature.
They state to me that some of the members attending the meeting desire a message from me to the House with reference to my attitude toward calling an extraordinary session of the Assembly to pass a permanent revenue program later on in the event that at this session of the Assembly only a temporary revenue measure should be passed.
As I have previously stated, to consider calling an extraordinary session of the Assembly before the regular session of the Assembly has completed its work is obviously premature. I consider it the duty of all parties concerned to exert every effort to avoid the expense of an extraordinary session of the Assembly. In my

1422

JOUR~AL OF THE HOUSE,

judgment, a permanent financing plan should be enacted instead oi a temporary financing plan. Nevertheless, while I reiterate that it is premature to consider an extraordinary session at this time, and while I reiterate that the expense of such a session should be avoided, I am glad to again emphasize my desire to cooperate with the Assembly in any way possible. I have evidenced this desire in every way it can be evidenced; but co-operation is not a one way street. To merit coopertion one must give co-operation. If the Assembly is willing to reciprocate the co-operation I am giving the Assembly by the enactment of a financing plan, even only temporarily, despite the fact that the emergency would only be relieved and not solved, and if a majority of the members of each House of the Assembly evidences at any future date a willingness to permanently finance the program, I certainly would co-operate by calling them together in an extraordinary session and make it possible for them to do so.
I have publicly stated that there could he no question of the emergency for an extraordinary session in the event funds are not provided in this session for the schools, the old people, the insane, the sick, the counties, and the other governmental services. I have also said, and now repeat, that regardless of that emergency, unless a majority of the members of each branch of the Assembly can agree and meet the emergency, to have an extraordinary session would be futile and a needless expense of funds that are so sorely needed for these services. This is still my position. My position has been stated clearly heretofore, but I am glad to reaffirm it in this message.
I wish, in conclusion, to repeat that I am ready, willing and anxious at this time, or at any future time, to co-operate with the members of the General Assembly in financing this program, which has been approved by the people at the ballot box in three separate consecutive elections. And while I do not consider it the best plan to now finance the program temporarily and then go to the expense of an extra session to finance it permanently, I am willing to give my co-operation to that plan if that is the best that a majority of the members of the House are willing to do about it. Certainly, financing the program temporarily is better than not financing it at all.
Again may I emphasize that I will co-operate and back to the limit the General Assembly in anything it will do to finance the program, except doing nothing. Certainly, I do not propose to abandon this program so needed by the people of the State, and ordered by the ballots of the people of the State to be completed.

Respectfully submitted,

EDR:W

E. D. Rivers, Governor.

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

Mr. Speaker:
The Senate insists on its amendments and calls for a committee of conference on the following hill of the House, to-wit:

WEDNESDAY, MARCH 15, 1939

1423

By Messrs. Lanier, Harris and Jones of Richmond, Kendrick of Fulton and MeN all of Chatham-
House bill No. 49. A bill to amend an Act known as "The Unemployment Compensation Act" by making necessary provisions for correlating the operation of said law with the operation of the Railroad Unemployment Insurance 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 substitute by the requisite constitutional majority the following bill of the House, to-wit:
By Mr. Culpepper of Fayette-
House Bill No. 637. A bill to create a State Division of Confederate Pensions and Records; to prescribe and limit the personnel; 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 reqms1te constitutional majority the following bills and resolutions of the Senate, to-wit:
By Senators McCranie of the 48th and Dawson of the 2d Districts-
Senate Bill No. 73. A bill to amend an Act entitled "Public Assistance to the Aged" to provide for uniformity in the payment of pensions; and for other purposes.
By Senators Sanders of the 36th and Millican of the 52d Districts-
Senate Bill No. 142. A bill declaring the promulgation and adoption of rules of practice and procedure for the trial courts to be judicial functions; and for other purposes.
By Senator Brinson of the 42d District-
Senate Bill No. 217. A bill to amend the charter of the City of Summerville relative to candidates for office, registration and qualification of voters, etc.; and for other purposes.
By Senator Durden of the lOth District-
Senate Bill No. 224. A bill authorizing the Governor to assign and set apart the rentals of the W & A Railroad for a period of six years for a special treasury fund ; and for other purposes.
By Senator Harrell of the 7th District-

1424

JOURNAL OF THE HOUSE,

Senate Bill No. 226. A bill to amend the Code of 1933 and the Motor Carrier Acts so as to place a limitation upon the capacity of motor vehicles transporting inflammable petroleum products on public highways; and fGr other purposes.
By Senators Smith of the 4th, Daves of the 14th and Cail of the 17th Districts-
Senate Resolution No. 57. A resolution that a State Road Survey Council
of 18 members shall be established.
By Senators Lindsay of the 34th and Moore of the 47th Distiicts-
Senate Resolution No. 62. A resolution memorializing Congress to provide funds for business research.
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. Terrell and Blackshear of Hall-
House Bill No. 578. A bill amending an Act approved October 2, 1879, being an Act incorporating the town of Belton; and for other purposes.
By Messrs. Ford and Sumner of Worth-
House Bill No. 616. A bill amending an Act creating a new charter for the City of Sylvester so as to extend and enlarge the incorporate limits of said city; and for other purposes.
By Mr. Marion Ennis of Baldwin-
House Bill No. 626. A bill authorizing the Mayor and Aldermen to release certain property of the City of Milledgeville to the Board of Trustees of Georgia Military College; and for other purposes.
By Mr. Boyd of Greene-
House Bill No. 636. A bill to amend an Act entitled "An Act to incorporate City of Union Point, etc."; and for other purposes.
By Mr. Easley of Whitfield-
House Bill No. 644. A bill to amend the charter of the City of Dalton; and for other purposes.
By Mr. Easley of Whitfield-
House Bill No. 645. A bill to repeal an Act incorporating the Town of Tunnel Hill in Whitfield County, Georgia, and all Acts amendatory thereto; and for other purposes.

WEDNESDAY, MARCH 15, 1939

1425

By Mr. Easley of Whitfield-
House Bill No. 646. A bill amending the charter of the City of Dalton by zoning and planning said city; and for other purposes.
By Mr. Thornton of Elbert-
House Bill No. 650. A bill amending an Act providing a charter for the City of Elberton, approved December 19, 18%, and all Acts amendatory thereto, authorizing the city to procure group life insurance, accident or disability insurance for the benefit of the officers and employees of said City; and for other purposes.
By Mr. Ansley of Lee-
House Bill No. 670. A bill amending the charter of Leesburg so as to grant certain privileges to said town; and for other purposes.
By Mr. Tippins of Wilcox-
House Bill No. 675. A bill creating a Board of Roads and Revenues of Wilcox County; and for other purposes.
By Mr. Rawlins of Telfair-
Hause Bill No. 734. A bill amending an Act approved August 27, 1931, pages 566-574, Georgia Laws 1931 to provide the amount of fees to be charged by the Sheriff of Telfair County for dieting prisoners; 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 requi~ite constitutional majority the
following bills of the House, to-wit:
By Mr. Tippins of WilcoxHouse Bill No. 540. A bill to abolish the office of County Treasurer of
Wilcox County; to provide for the designation of a county depository; and for other purposes.
By Mr. Boyd of Greene-
House Bill No. 721. A bill to be entitled an Act to create a new charter for the City of Greensboro; and for other purposes.
Mr. Gross of Stephens moved that the House recess for one hour.
The Speaker appointed as a Committee of Conference on House Bill No. 49, the Unemployment Compensation bill, to confer with a like Committee on the part of the Senate, the following members of the House, to-wit:
Messrs. Allen of Dougherty, Kendrick of Fulton, and Grayson of Chatham.
The Speaker announced the House recessed for one hour.

1426

JOURNAL OF THE HOUSE,

2:00 o'clock, P. M.
The Speaker called the House to order.
Under the special and continuing order of business, established by the Comm1ttee on Rules, the following bills and resolution of the House were taken up for consideration and read the third time:
By Messrs. Kendrick and Etheridge and Mrs. Mankin of Fulton-
House Resolution No. 132-497 A. A resolution authorizing the Governor acting on behalf of the State of Georgia to sell a certain tract of land located on Murphy and Sylvan Road in City of Atlanta, now held by the State for the development of a Farmer's Market by the Agricultural DPpartment; and for other purposes.
The following amendment to House Resolution No. 132-497 A, was read and adopted:
Mr. Jones of Brantley moves to amend House Resolution No. 132-497 A by adding at the proper place the following:
That the Governor shall advertise this property in at least two of the la1ger papers of the city for at least 60 days and ask for bids and shall accept the highest bid.
The report of the Committee, which was iavorable 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.
By Mr. Henderson of Irwin-
House Bill No. 420.
A BILL
To be entitled an Act To propose to the qualified voters of Georgia an amendment to Artice 7, Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize the City of Ocilla, Georgia, 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, 1939, and shall become due up to and including January 1, 1943; 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, 1943; to provide the terms of their issue; to provide for the submission of the amendment for ratitication by the people; and for other purposes.

WEDNESDAY, MARCH 15, 1939

1427

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 the State 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 Ocilla, Georgia, may issue refunding bonds not in excess of the aggregate sum of $28,000.00 for the purpose of refunding and retiring any bonded indebtedness of said City of Ocilla outstanding, past due and unpaid on January 1, 1939, and any bonded indebtedness of said City outstanding and which becomes due up to and including January 1, 1943, and provide for the assessment and collection of a tax, annually, sufficient in amount to pay the principal and interest of said bonds as they shall become due; the proceeds of all such refunding bonds so issued by the City of Ocilla, Georgia, to be used exclusively for the purpose of paying off and retiring said bonded indebtedness that is now or may become due and unpaid as of January l, 1943. Said refunding bonds shall be issued when authorized by a vote of the Mayor and Council of the City of Ocilla, Georgia, and shall be validated."
SECTION 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 Constituion, authorizing the City of Ocilla 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 City of Ocilla to issue refunding bonds", and if a majority of the electors qualified to vott for members of the General Assembly, voting thereon, shall vote for ratification thereof, when the results have been consolidated as now provided and 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 of Georgia, and the Governor shall make a proclamation therefor, as provido!d by law.
SECTION 3.
All laws and parts of laws in conflict herewith be and the same are hereby repealed.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.

1428

JOURNAL OF THE HOUSE,

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.:

Aiken Allison of Gwinnett Allison of White Atkinson Barlow Barrett Beck Bell Bennett of Clarke Bennett of Ware Blackshear Blease Bloodworth Boyd of Cook Boyd of Greene Branch Bray Brooks of Jackson Brooks of Oglethorpe Bynum Campbell Candler Carmichael of Butts Carmichael of Cobb Carrington Chappell Cheney Connell Conner Cook Curry Dallis Daughtry Davidson Davis of Coweta Dean DeFoor Drinkard Easley Edwards of Lowndes Edwards of Taylor Elliott English

Ennis, Marion Etheridge of Baker Etheridge of Fulton Etheridge of Houston Evans of Laurens Evans of McDuffie Ferguson of Camden Ford Forrester of Crisp Forrester of Dade Fowler of Douglas Fowler of Treutlen Franklin of Bulloch Franklin of Polk Gaines Gavin Gill Goddard Goolsby Gowen Graham Grayson Greene Grice Griffin Gross of Stephens Gross of Washington Guyton Harden Harrison of Crawford Harrison of Jenkins Harvey Hatchett Henderson Herndon Hinson Holtzendorff Howard Jackson Joel Jones of Brantley Jones of Richmond Kaigler

Kelley Kennedy Key Kimbrough Lewis Looper Lovett Mankin Marshall Mason Maxwell McBride McCracken McDaniel McGraw McNall Merritt Middleton Miller Mills Morgan Mosely Parham Parker Pharr Pierce Pilcher Preston Purdy Ragan Rawlins Rees Reid Roughton Sabados Sanders Sartain Scott Smiley Smith of Schley Stiles Strickland of Haralson Strickland of Pierce

WEDNESDAY, MARCH 15, 1939

1429

Summerour Sumner Swindle Terrell Thigpen of Glascock

Tipton Turner Vickery Wages Warren

Those not voting were Messrs.:

Allen Almand Ansley Binion Bruce Bush Carter Clark Clary Claxton Clements of Calhoun Clements of Marion Clements of Wheeler Cobb Coogler Corbett Culpepper of Fayette Culpepper of Mitchell Davis of Floyd Dickerson

Dockery Douglass Drake Ennis, J. H. Ferguson of Sumter Flanders Foster Grant Hardman Hayes Hill Johnson Jones of Paulding Kendrick King Lanham Lanier Moore of Lumpkin Moore of Taliaferro Moss

Wells Wiggins Williams of Ware Wohlwender Yeomans
Pannell Rogers Rossee Rountree Sams Sapp Saunders Simmons Smith of Henrr Tate Thigpen of Evans Thornton Tippins Tomlinson Trippe Whipple Whitaker Williams of Bacon Wright Yawn

By unanimous consent, verification of the roll call was dispensed 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.
By Messrs. Harris, Lanier and Jones of Richmond-

House Bill No. 742.

A BILL

To be entitled an Act To propose to the qualifted voters of the State of Georgia an amendment to Article VII, Section 7, Paragraph 1, of the Constitution of the State of Georgia, incorporated in the Code of 1933, as Section 2-5501, so as to authorize the City Council of Augusta 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 Augusta in the year in which said loans are made; to authorize the City Council of Augusta to issue notes or debt certificates for the retirement and payment of the deficit and current

1430

JOURNAL OF THE HOUSE,

indebtedness of the City of Augusta, and 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 VII, Section 7, Paragraph 1, of the Constitution of Georgia, which has been amended heretofore, shall be further amended by adding at the end thereof new paragraphs in the following words, to-wit:
"And except that the City Council of Augusta, in addition to the debts hereinbefore allowed, may make temporary loans between January 1st and December 31st 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 Clerk of the City Council of Augusta and previously authorized by a majority vote of the City Council of Augusta, with the Mayor voting as provided by law and City ordinances, at any regular or called meeting and entered on the minutes of the City 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 Augusta 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 City in the year the loan is made shall not affect the obligation of the City Council of Augusta to pay the same.
And except also that the City Council of Augusta by a majority vote of the City Council, with the Mayor voting as provided by law and City ordinances, may issue notes or debt certificates not in excess of the sum of One Million ($1 ,000,000.00) Dollars principal amount, to be executed by the Mayor and Clerk of Council f~r the retirement and payment of the deficit and current indebtedness of the City of Augusta, provided such issues shall be made on or before the first day of January next following the date of adoption and proclamation of this amendment. Such notes or debt certificates so issued shall mature in ten ( 10) annual equal amounts, beginning one year from date of issuance and maturing each year thereafter for a period of ten years. Said notes or debt certificates shall be issued and validated when authorized by a majority vote of the City Council of Augusta, with the Mayor voting as provided by law and City ordinances, and the City Council is hereby authorized and empowered to fix the rate of interest, the date of issuance and all other details incident to the validation, issuance, negotiation and sale of said notes or debt certificates".
SECTION 2.
Be it further enacted by the authority aforesaid that when said amendment shall be agreed to by two-thirds vote of the members elected to each of the two Houses, said amendment shall he entered on their journals, with the "ayes" and "nays" thereon, and shall be published in one or more newspapers in each Con-

WEDNESDAY, MARCH 15, 1939

1431

gressional 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 VII, Section 7, Paragraph 1, of the Constitution, authorizing the City Council of Augusta to make temporary loans, and authorizing the City Council of Augusta to retire the deficit and any current indebtednes~".

And all persons opposed to the adoption of said amendment authorizing the City Council of Augusta to make temporary loans and to issue notes or debt certificates for the retirement and payment of the deficit and current indebtedness of the City of Augusta shall have written or printed on their ballots the words: "Against ratification of amendment to Article VII, Section 7, Paragraph 1, of the Constitution, authorizing the City Council of Augusta to make temporary loans, and authorizing the City Council of Augusta to retire the deficit and pay current 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, the said amendment $hall become a part of Article VII, Section 7, Paragraph 1, of the Constitution of the State of Georgia, and the Governor shall make a proclamation thereof, and the City Council of Augusta, without further legislation, authority or vote, than that provided herein, shall be authorized to perform the Act or Acts embraced in such amendment.

SECTION 3. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict herewith shall 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.:

Aiken Allen Allison of Gwinnett Allison of White Ansley Atkinson Barlow Barrett Beck Bell Bennett of Clarke

Bennett of Ware Blackshear Blease Bloodworth Boyd of Cook Boyd of Greene Branch Bray Bynum Campbell Candler

Carmichael of Butts Carmichael of Cobb Cheney Clary Claxton Clements of Wheeler Cobb Conner Cook Corbett Culpepper of Mitchell

1432

JOURNAL OF THE HOUSE,

Curry Dallis Davidson Davis of Coweta Dean DeFoor Drinkard Easley Edwards of Taylor Elliott English Ennis, Marion Etheridge of Baker Etheridge of Fulton Evans of McDuffie Ferguson of Camden Ferguson of Sumter Ford Forrester of Crisp Forrester of Dade Foster Fowler of Douglas Fowler of Treutlen Franklin of Bulloch Franklin of Polk Gavin Gill Goddard Gowen Graham Grayson Greene Grice Griffin Gross of Stephens Gross of Washington Guyton Harden Harrison of Crawford

Harrison of Jenkins Harvey Hatchett Henderson Herndon Hill Hinson Holtzendorff Howard Jackson Johnson Jones of Brantlev Jones of Richmond Kaigler Kelley Kennedy Key Kimbrough King Lanham Lanier Lewis Looper
Lovett Mankin Marshall Mason Maxwell McBride McCracken
McDaniel McGraw McNall
Merritt Middleton Miller Mills :Moore of Lumpkin Moore of Taliaferro

Those not voting were Messrs.:

Almand Binion Brooks of Jackson Brooks of Oglethorpe Bruce

Bush Carrington Carter Chappell Clark

Morgan Pannell Parker Pharr Pierce Pilcher Preston Purdy Ragan Rawlins Reid Roughton Sabados Sanders Sapp Sartain Scott Smiley Stiles Strickland of Haralson Strickland of Pierce Summerour Sumner Swindle Thigpen of Glascock Thornton Tippins Tipton Tomlinson Turner Vickery Wages Wells Whitaker Wiggins Williams of Ware Wohlwender Yawn
Clements of Calhoun Clements of Marion Connell Coogler Culpepper of Fayette

WEDNESDAY, MARCH 15, 1939

1433

Daughtry Davis of Floyd Dickerson Dockery Douglass Drake Edwards of Lowndes Ennis, J. H. Evans of Laurens Flanders Gaines Goolsby Grant Hardman Hayes
Joel Jones of Paulding Kendrick Harrison of Crawford

Harrison of Jenkins Harvey Hatchett Henderson Herndon Hill Hinson Holtzendorff Howard Jackson Johnson Jones of Brantley Jones of Richmond Kaigler Kendrick Mosely Moss Parham Rees

Rogers Rossee Rountree Sams
Saunders Simmons Smith of Henry Smith of Schley
Tate Terrell Thigpen of Evans Trippe
Warren Whipple Williams of Bacon Wright Yeomans

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

On the passage of the bill, the ayes were 150, the nays 0.
The bill having received the requisite two-thirds constitutional majority, was passed.
The sub-committee appointed to study House Bill No. 446, Salary Reduction bill, offered the following Substitute, which was read:

A BILL
To be entitled an Act to require the directing official of each Department, Division, Bureau, or Agency of the State Government of Georgia to pay into .a Special Fund of the State Treasury an amount each month, beginning April I, 1939, equal to 12% of the respective department, division, bureau, or agency pay-roll, excepting salaries under $126.00 per month, said 12% payment to be paid from funds allocated to salaries; to make it unlawful to increase any affected salary during continuance of this Act as a law; to provide that any vacancy must be filled at a salary not exceeding the salary paid the previous employee; to allocate said Special Fund to the Common School Fund for the sole purpose of paying the salaries due the common school teachers of the State of Georgia; 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.
On and after April 1, 1939, the Directing Official of each Department, Division, Bureau or Agency of the State Government of Georgia shall pav into

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JOURNAL OF THE HOUSE,

a special fund of the State Treasury an amount each month, equal to 12% oi the respective Department, Division, Bureau or Agency payroll as it stood on January 1, 1939, excepting salaries under $126.00 per month. The 12% payment shall be paid from funds allotted to salaries.
SECTION 2.
In the event of a vacancy in any job or position held by any person paid out of State of Georgia funds, said vacancy shall be filled at a salary not to exceed the salary paid to the previous employee holding said position or job.
SECTION 3.
Said Special Fund is hereby expressly allocated to the common school fund for the sole purpose of paying the salaries due the common school teachers of the State of Georgia.
SECTION 4.
No salary affected by this Act shall be increased as long as this Act remains law.
SECTION 5. All laws or parts of laws in conflict with this Act shall be, and the same are hereby repealed.
Mr. Etheridge of Fulton moved the previous question, the motion prevailed, and the main question ordered.

An amendment offered by Mr. Jones of Brantley was read and lost. The sub-committee Substitute was adopted.

The report of the Committee which was favorable to the passage of the bill, was agreed to, by substitute.
On the passage of the bill, by substitute, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Allison of White Almand Ansley Barlow Barrett Beck Bell Blackshear Blease Boyd of Cook Bray Bruce

Bush Bynum Campbell Candler Carmichael of Butts Carmichael of Cobb Carrington Chappell Cheney Clary Claxton Clements of Calhoun

Clements of Marion Connell Conner Cook Corbett Culpepper of Fayette Culpepper of Mitchell Curry Dallis Davidson Davis of Coweta DeFoor

WEDNESDAY, MARCH 15, 1939

1435

Dockery Drake Drinkard Easley Edwards of Lowndes Edwards of Taylor Elliott English Etheridge of Baker Etheridge of Houston Evans of Laurens Evans of McDuffie Ferguson of Camden Ferguson of Sumter Ford Forrester of Crisp Forrester of Dade Foster Fowler of Treutlen Franklin of Bulloch Franklin of Polk Gaines Gavin Gill Goddard Goolsby Graham Grant Greene Griffin Gross of Stephens Gross of Washington Guyton Harden Harrison of Crawford Harvey Hatchett

Hayes Henderson Herndon Hill Hinson Holtzendorff Howard Jackson Joel Johnson Jones of Brantley Jones of Paulding Jones of Richmond Kennedy Key Kimbrough Lanham Lanier Lewis Looper Lovett Marshall Mason Maxwell McBride McDaniel McGraw
Merritt Middleton Mills Moore of Lumpkin Morgan Mosely Pannell Parham Parker Pierce

Those voting in the negative were l\llessrs.:

Aiken Allen Allison of Gwinnett Atkinson Bennett of Ware Boyd of Greene Branch

Clements of Wheeler Daughtry Dean Ennis, Marion Etheridge of Fulton
Gowen Grayson

Pilcher Preston Purdy Ragan Rawlins Rees Reid Roughton Rountree Sanders Sapp Sartain Smiley Smith of Schley Stiles Strickland of Haralson Strickland of Pierce Summerour Sumner Thigpen of Glascock Thornton Tippins Tipton Tomlinson Turner Vickery Wages Warren Wells Whipple Wiggins Williams of Bacon Williams of Ware Wohlwender Wright Yawn Yeomans
Grice Harrison of Jenkins Kaigler Kelley King Mankin Pharr

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JOURNAL OF THE HOUSE,

Scott Smith of Henry

Swindle

Those not voting were Messrs.:

Whitaker

Bennett of Clarke Binion Bloodworth Brooks of Jackson Brooks of Oglethorpe Carter Clark Cobb Coogler Davis of Floyd Dickerson

Douglass Ennis, J. H. Flanders Fowler of Douglas Hardman Kendrick McCracken McNall Miller Moore of Taliaferro Moss

Rogers Rossee Sahados Sams Saunders Simmons
Tate Terrell Thigpen of Evans Trippe

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

On the passage of the bill, by substitute, the ayes were 146, the nays 25.

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

Mr. Campbell of Newton moved that the hill be immediately transmitted to the Senate, and the motion prevailed.

On the Committee of Conference on House Bill No. 49, the Unemployment Compensation hill, Mr. Kendrick of Fulton asked to he excused and the Speaker appointed Mr. Gross of Stephens in his place.

Mr. Speaker:

Your Committee on Rules having had under consideration the fixing of a calendar have established as a special and continuing order of business beginning immediately the following:

1. House bill No. 591. Beer tax.

2. House Bill No. 799. Amendment to General Tax Act.

3. Senate Bill No. 186. Appointment of members of Prison and Parole Commission.

4. House Resolution No. 166-670A. Veterans Service Transfer of Veterans.

5. House Bill No. 604. Payment of taxes, before sale set aside.

6. House Resolution No. 149-550 A. Ball's Ferry Bridge named Charles D. Rountree Bridge.
7. House Bill No. 432. Board of Optometry.

WEDNESDAY, MARCH 15, 1939

1437

8. House Bill No. 434. Unfair Sale and Advertisement. 9. Senate Bill No. 144. Co-operative Marketing Act. Regulations.
10. House Bill No. 601. Allowing the State of Georgia to collect its proportionate share of taxes on unredeemed property.
11. Senate Bill No. 3. Regulate boxing and sparring.
12. House Bill No. 602. Sale under tax executions and notice. 13. House Bill No. 652. Amend code by striking 10 mills and substituting 3 mills. 14. House Bill No. 677. Amend Neill-Traylor Act in Dawson and Forsyth Counties. 16. House Bill No. 395. Purchase of school busses from lowest bidder. 17. House Bill No. 414. Right to charge exchange on checks.
18. House Bill No. 681. Economy Committee. 19. House Bill No. 332. State Certified Eggs.
20. House Bill No. 700. Division of State Parks. 22. House Bill No. 554. Reference to school census.
23. House Bill No. 759. Special Appropriation Bang's Disease.
24. House Bill No. 595. Special Appropriation Park's Division.
26. House Bill No. 649. Regulate primary elections. 27. House Bill No. 244. Appropriation to purchase books, Hall County.
28. House Bill No. 778. Licensing ambulance servir:e. 29. House Bill No. 551. Advisory Board Act with Ordinary.
30. House Bill No. 381. Tax on occupation or business of abstract companies.
31. House Bill No. 603. Amend Section 92-5712 Code of Georgia of 1933 reference to proportionate part of tax personalty covered by fi. fa.
32. House Resolution No. 113-436 B. Appropriation to Robert Coleman. 33. House Bill No. 478. County Treasury Bill. 34. House Bill No. 814. Appropriation for the purpose of building National Guard Camp. 35. House Bill No. 812. Advisory Council. 36. House Bill No. 465. Reference to purchase of Bon Air Hotel, Augusta, Georgia.

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JOURNAL OF THE HOUSE,

37. House Bill No. 777. Reference to repealing an Act creating General Election.
38. House Bill No. 749. Salary Buyers.
39. House Bill No. 244. Appropriation Hall County.
The Speaker shall have the right to call local constitutional amendments and general bills with local application at any time.
Respectfully submitted,
Gross of Stephens, Vice-Chairman.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:
Mr. Speaker:
The President of the Senate has appointed as a committee of conference on the part of the Senate to confer with a like committee on the part of the House, Senators Durden of the lOth District, Daves of the 14th District and Lindsay of the 34th District, on the following bill of the House, to-wit:
By Messrs. Harris, Lanier and Jones of Richmond, Kendrick of Fulton and MeN all of Chatham-
House Bill No. 49. A bill to amend an Act known as "The Unemployment Compensation Act" by making necessary provisions for correlating the operation of said law with the operation of the Railroad Unemployment Insurance Act; 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 amendment to the following bill of the Senate, to-wit:
By Senator Millican of the 52d District-
Senate Bill No. 62. A bill to amend an Act entitled an Act to provide that cities having a population of more than 150,000 shall furnish pensions; and for other purposes.
Under the special and continuing 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. Harris of Richmond and Parker of Colquitt-
House Bill No. 591. A bill to be entitled an Act to continue the present rate of taxation on beer; and for other purposes.

WEDNESDAY, MARCH 15, 1939

1439

Mr. Edwards of Lowndes moved the previous question, the motion prevailed, and the main question ordered.
A Substitute offered by Mr. Elliott of Muscogee 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 139, the nays 2.
The bill having received the requisite constitutional majority was passed.
By Mr. Jones of Richmond-
House Bill No. 799. A bill to be entitled an Act to amend Chapter 92-19, Title 92 of the Code of Georgia of 1933, entitled Public Revenue, by adding a new section to be known as 92-1915, so as to provide a tax for every peddler or traveling vendor; and for other purposes.
The following Substitute to House Bill No. 799, was read:
By Mr. Clements of Wheeler-
A BILL
To be entitled an Act to amend the General Tax Act of 1935 as set forth on pages 11 to 72 inclusive, Georgia Laws 1935, by adding a new section thereto, to provide for the payment by distributors of an occupation tax of one cent ( 1c) per gallon on gasoline in addition to all other occupation taxes on gasoline now provided by law; to provide for the allocation of the funds derived from said occupation tax to the payment of the salaries of the school teachers in the common schools of Georgia; to provide for the expiration date of ~aid tax; to amend Section 27 of an Act of the General Assembly, approved March 30, 1937, Georgia laws, 54-72;
BE IT ENACTED by the Georgia Assembly of the State of Georgia, and it is hereby enacted by authority of the same.
SECTION 1. That the General Tax Act of 1935, Georgia Laws 1935, pages 11 to 72 inclusive, be amended by adding a new section thereto to be appropriately numbered and to read as follows:
1. "There is hereby levied an occupation tax of one cent ( 1c) per gallon for each gallon of fuel as defined in Section 92-1401, 1933 Code of Georgia upon each distributor of such fuels who engages in such business in this State in the manner set out in Section 92-1402, 1933 Code of Georgia. This occupation tax of one cent ( lc) per gallon upon distributors engaged in the business of handling such fuels in the manner set out in Section 92-1402, 1933 Code of Georgia shall be in addition to all other occupation taxes now imposed upon such distributors by law.
2. All funds derived under the terms of this Act are hereby specifically allocated and appropriated to the payment of the balance now due or which may

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JOURNAL OF THE HOUSE,

become due hereafter on the salaries of the school teachers m the common schools of Georgia for the present school year.

3. That Section 27 of an Act approved March 30, 1937, Georgia Laws, 1937, 54-72, be and the same is hereby amended by adding to said section a new paragraph to read as follows:
The provisions of this section shall have no application to appropriations now existing for the payment of the salaries of the teachers in the common schools of Georgia for the present school year insofar as the proceeds of the tax herein levied, appropriated and allocated will pay said appropriation for said school teachers salaries.

4. The tax levied under this Act shall expire December 31, 1939, and the provisions of this Act shall become inoperative on said date."

SECTION 2. That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed.
Mr. Carmichael of Cobb asked that Rule 153 be read.

The rule was read.

Mr. Carmichael of Cobb then made the point that the bill was the same bill as House Bill No. 435 and the substitute thereto which had previously been rejected by the House at this session and that this bill could not be considered by the House without a two-thirds vote of the House under Rule 153 and under the Constitution.

The Speaker ruled that this was not the same bill that had previously been acted on by the House and that Rule 153 and the Constitutional provisions referred to were not applicable and that the bill could be considered without a two-thirds vote of the House.
Mr. Carmichael of Cobb appealed from the ruling of the Chair.

On the appeal, 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.:

Aiken Allen Allison of Gwinnett Almand Ansley Atkinson Barlow Beck Bell

Bennett of Ware Blackshear Bloodworth Boyd of Greene Branch Brooks of Oglethorpe Campbell Candler Carrington

Carter Cheney Claxton Clements of Calhoun Clements of Marion Cobb Connell Conner Cook

WEDNESDAY, MARCH 15, 1939

1441

-=:orbett Culpepper of Mitchell Curry Dallis

Harrison of Crawford Harrison of Jenkins Harvey Hatchett

Daughtry Davidson

Hayes Henderson

Davis of Floyd

Herndon

Dean DeFoor Dockery Douglass Drake Edwards of Lowndes Ennis, J. H. Ennis, Marion Etheridge of Fulton
Etheridge of Houston Evans of Laurens

Hill Holtzendorff Howard Jackson Joel Johnson Jones of Richmond Kelley Kennedy Key Kimbrough

Ferguson of Camden Ferguson of Sumter Flanders Foster Fowler of Douglas Fowler of Treutlen Franklin of Bulloch Gaines Gill

Lanham Lanier Lewis Mankin Marshall l\tlason McCracken McGraw Merritt

Gowen Graham

Middleton Moore of Lumpkin

Grayson

Moore of Taliaferro

Greene Grice

Morgan Pannell

Griffin Gross of Stephens Gross of Washington

Parker Pharr Pierce

Those voting in the negative were Messrs.:

Blease

Ford

Bruce

Forrester of Crisp

Carmichael of Cobb Clements of Wheeler Davis of Coweta Drinkard

Goddard Guyton Harden
Hinson

Edwards of Taylor Elliott English Evans of McDuffie

Jones of Brantley Jones of Paulding King Lovett

Pilcher Preston Purdy Rawlins Roughton Rountree Sabados Sams Sanders Sartain Saunders Scott Smiley Smith of Henry Stiles Strickland of Pierce Swindle Terrell Thigpen of Evans Thigpen of Glascock Thornton Tipton Tomlinson Turner Vickery Warren Wells Whipple Whitaker Wiggins Williams of Bacon Williams of Ware Wohlwender Yawn Yeomans
Maxwell McDaniel Mills Parham Ragan Rees Smith of Schley Summerour Sumner Tippins

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JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Allison of White Barrett Bennett of Clarke Binion Boyd of Cook Bray Brooks o Jackson Bush Bynum Carmichael of Butts Chappell Clark Clary Coogler

Culpepper of Fayette Dickerson Easley Etheridge o Baker Forrester of Dade Franklin of Polk Gavin Goolsby Grant Hardman Kaigler Kendrick Looper McBride

McNall Miller
Mosely Moss Reid Rogers Rossee
Sapp Simmons Strickland of Haralson Tate Trippe Wages Wright

By unanimous consent, verification of the roll call was dispensed with. On the appeal, the ayes were 132, the nays 30.

The ruling of the Chair was upheld, as the sense of the House.

Mr. Carmichael of Cobb asked that Rules 95 and 103 be read and asked that the Speaker rule on the question.

The rules were read.

The Speaker ruled that the substitute to House Bill No. -'799, was not the same bill, and had not been acted on by the House.

The Speaker read a decision of the Supreme Court to sustain his ruling, as follows:

199 South Eastern Reporter. Crisp v. Head, page 221.

"The main subject of the Act is taxation, and it is not unconstitutional as referring to more than one subject-matter merely because the previous statutes levying a tax on malt beverages may differ from the General Tax Act in the particulars stated. These differences do not constitute two different subject-matters, within the meaning of the constitution. See Richardson v. Johnson Furniture Co., 176 Georgia 28, 166 S. E. 662. In Clay v. Central Railroad and Banking Co., 84 Georgia 345, 10 S. E. 967, it was held in effect,. that, although an amending statute may have different objects and purposes from those of the original, such differences do not render the Act obnoxious to that provision of the constitution prohibiting passage of any law which refers to more than one subject-matter. Such differences are mere "incidents" and do not constitute the main or controlling purpose and subject-matter. Stanley v. State, 135 Georgia 859 (2), 864, 70 S. E. 591."

The following amendment to House Bill No. 799 offered by Messrs. Corbett

WEDNESDAY, MARCH 15, 1939

1443

of Atkinson, Harrison of Crawford, McGraw and Hatchett of Meriwether, Stiles of Fannin, Thigpen of Glascock:, Allen of Dougherty, Allison of Gwinnett, Harvey of Upson, Jones of Richmond, Henderson of Irwin, Lanier of Richmond, Miller of Lanier, Lewis of Burke, Bell of Grady, Sapp of Coffee, Sartain of Walker, Dean of Rockdale, Graham of Brooks, Aiken of Bulloch, Harrison of Jenkins and Fowler of Treutlen, was read:
Mr. Corbett of Atkinson and others-
Moves to amend House Bill No. 799 by amending the caption of said bill by adding after the word "whatsoever" in the caption of said bill the following: "also to raise revenue by levying a tax on sales of merchandise in this State for the benefit of Dependent Children, Old Age Pensioners, Patients at the State Hospital at Milledgeville and the School for Mental Defectives at Gracewood, for the Patients at Alto Sanitorium, to aid the Blind, and for the payment of salaries of Teachers in the Public Schools of this State; to provide for the imposition and collection and distribution thereof, of the proceeds from the tax imposed upon retail sales, sales of tangible personal property as defined herein, and upon the use, storage, and consumption of certain tangible personal property as defined herein; to provide for the measurement, ascertainment, assessment and collection of said tax; to provide for exemptions from said tax; to provide penalties for violations hereof; to define certain terms as used herein; to provide for the administration and enforcement of this Act by the Commissioner of Revenue; to provide for said Commissioner of Revenue to make and issue rules and regulations governing the administration of this Act; to make an alloc~.tion or appropriation to the Department of Revenue for the administration of this Act; to provide for the use of tokens; to provide for a penalty for alteration of tokens; to forbid suspension of the tax or any part thereof, or any penalties attached thereto; to impose a tax upon the use of, or the consumption in this State of things purchased outside the State; to exempt certain farm products as enumerated herein; to make it unlawful for any person having administrative duties under this Act to divulge information concerning the business affairs of any person, except as authorized in the Act; to require the seller of the merchandise taxed under the provisions of this Act to collect and account for the tax; to provide for the collection from any person due the tax by execution by the Commissioner of Revenue; to provide for the correction of returns by the Commissioner; to provide for the payment of penalties and interest on delinquent taxes; to require the sellers of merchandise taxed under the provisions of this Act to keep books and to submit their books and records to examination; to exempt sales which cannot be constitutionally taxed and sales of articles and/or services on which an excise or sales tax is already imposed; to make it unlawful for any retailer to asume or absorb or offer to assume or absorb the tax imposed under this Act; to provide for a tax lien; to provide for refund on any tax erroneousy collected by the Commissioner; to prohibit injunctions against the collection of said tax and penalties provided for under this Act and to provide that the taxpayers' remedy in defense to an execution issued br the Commissioner shall be by affidavit of illegality; to forbid the issuance of automobile license tag by the State until the tax on the sale of or the use of automobiles has been paid as is

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herein provided ; to make the violation of any of the provisions of this Act a misdemeanor, which misdemeanor shall be punished as provided in Section 27-2506 of the Georgia Code of 1933 ; to declare the provisions of this Act to be severable; 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 13. Definitions. The following words, terms and phrases when used in the following sections of this Act shall have the meaning ascribed to them in this section except when the context clearly indicates a different meaning.
(a) "Person" includes any individual, firm, co-partnership, joint adventure, association, corporation, estate, trust, business trust, receiver, syndicate; also the services of all utility companies, to-wit, all electric and light companit's, telephone and telegraph companies, gas companies, railway companies, express companies, motor and bus companies, pullman companies, and all public service companies of every kind and description, and also any board, agency, instrumentality or other group or combination acting as a unit, and the plural as well as the singular number.
(b) 1. "Sale" means any transfer of title or possession, or both, the exchange, barter, lease or rental, conditional or otherwise, in any manner or by any means whatsoever, of tangible personal property for a consideration, and shall also include the furnishing, preparing or serving for a consideration of any tangible property which may or may not be consumed on the premises of the person st"lling the same. Any transaction whereby the possession of property is transferred but the seller retains title as security for the payment of the purchase price, shall be deemed a sale.
(b) 2. The word "sale" shall include all sales of admissions to athletic contests, except athletic contests engaged in by students of the public school system of this State. This exception shall not apply to any public schools of the State except grammar and high schools. The word "sale" shall also include tickets of admission to theatt"rs, motion picture shows, opera shows, vaudeville shows, circuses, carnivals, and other amusements conducted for gain or profit where an admission fee is charged, also, dance halls, swimming pools, skating rinks, race tracks, golf coursees, and any other place at which any exhibition, display, amusement, or entertainment is offered to the public where an admission fee is charged.
(c) 1. A "retail sale" or a "sale at retail" means a sale to a person for consumption or use.
(c) 2. The term "sale at retail" shall not include sales of materials for further processing into articles of tangible personal property for sale at retail, nor shall the term "sale at retail" include an isolated or occasional sale of tangible personal property by a person not engaged in such business.
(d) "Sale price" means the total amount for which tangible personal property is sold.

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(e) "Lease" means the leasing or renting of tangible personal property and the possession or use thereof by the lessee for a consideration, without transfer of the title of such property.
(f) "Storage" means and includes any keeping or retention m this State of tangible personal property for use or consumption in this State or for any purpose other than for sale at retail in the regular course of business.
(g) "Use" means and includes the exercise of any right or power over tangible personal property incident to the ownership thereof, except that it shall not include the sale at retail of that property in the regular course of business.
(h) "Business" includes any activity engaged in by any person or caused to be engaged in by him with the object of gain, benefit, or advantage, either direct or indirect. The term "business" shall not he construed in this Act to include occasional and isolated sales or transactions by a person who does not hold himself out as engaged in business.
(i) "Retailer" means and includes every person engaged in the business of making sales at retail or for distribution, or use, or consumption, or for storage, to be used or consumed in this State; a wholesaler who sells to a consumer is classified as a retailer under this Act to the extent of such sale or sales.
(j) The term "Commissioner" means and includes the Commissioner of Revenue for the State of Georgia.
(k) "Tangible personal property" means and includes personal property which may be seen, weighed, measured, felt or touched, or is in any other manner perceptible to the senses, and upon the sale at retail, the use, the consumption, the distribution, and the storage for use or consumption in this State, of electric energy, telephone and telegraph service, natural or artificial gas, service or rents by hotel companies, and all service for the transportation of passengers or freight.
Section 14. Penalty for use, possession, or tender of any counterfeit or altered token. Be it further enacted by the authority aforesaid that any person who shall pass, attempt to pass, or tender any counterfeit or altered token in payment of any tax due hereunder shall be guilty of a misdemeanor and upon conviction punished as provided in Section 27-2506 of the Georgia Code of 1933.
Section 15. Tax levied. Be it further enacted by the authority aforesaid that there is hereby levied a tax upon the sale at retail, the use, the consumption, the distribution, and the storage for use or consumption in this State, of each item or article of tangible personal property, as defined herein, and upon the lease or rental of such property, and upon the sale at retail, the use, the consumption, the distribution, and the storage for use or consumption in this State, of electric energy, telephone and telegraph service, natural or artificial gas, service or rents by hotel companies, and all service for the transportation of passengers or freight, within the State of Georgia, the amount of said tax to be as follows:
(a) At the rate of two per cent (2%) of the sales price of each item or article

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of tangible personal property when sold at retail in this State; the tax to be computed on the total sales for the purpose of remitting the amount of tax due the State, and to include each and every retail sale.
(b) At the rate of two per cent (2%) of the proceeds derived from the lease or rental of tangible personal property, as defined herein, where the lease or rental of such property is an established business, or part of an established business, or the same is incidental or germane to the said business.
(c) At the rate of two percent (2%) upon the use of all tangible personal property imported or caused to be imported into this State from other States or foreign countries and used in this State, in cases where the property so imported and used has not been already taxed as herein provided. The person using said property so imported shall pay the tax imposed by this Act on all articles of tangible personal property as imported and used, the same as if said articles had been sold at retail in this State; the use of said articles in this State shall be equivalent to a sale at retail and the tax herein imposed upon retail sales shall immediately become due and collected in the manner provided herein, provided there shall be no duplication of the tax in any event.
(d) Combined purchase in a store at any one trading period determines the total amount of tax due by the customer.
This Act shall not be construed to levy a tax upon any articles of tangible personal property imported into this State, which levy would be in violation of the provisions of the Federal Constitution, nor shall this Act be construed so as to levy a tax upon articles manufactured or sold in this State to persons, firms or corporations residing out of the State where said property is to be used or consumed outside the State of Georgia.
Section 16. Accrual of Tax. Be it further enacted by the authority aforesaid, that the aforesaid tax at the rate of two percent (2%) of the retail sales price shall accrue at the time of the purchase.
Section 17. From Whom Collectible. Be it further enacted by the authority aforesaid, that the said tax shall be collected from the dealer, as defined herein, and paid at the time and in the manner hereinafter provided.
Section 18. Dealer to collect tax from purchaser or consumer. Be it further enacted by the authority aforesaid, that
(a) The tax herein levied on retail sales shall be collected by the dealer from the purchaser or consumer.
(b) Dealers shall, as far as practicable, add the exact amount of the tax imposed under this Act, or the average equivalent thereof, in conformity with the rules and regulations to be issued by the Commissioner of Revenue, to the sale price or charge, and when added, such tax shall constitute a part. of such price or charge, and shall be a debt from the purchaser or consumer to the dealer until paid, and shall be recoverable at law in the same manner as other debts. Any

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dealer who shall neglect, fail or refuse to collect the tax herein provided, upon any, every and all retail sales made by him, or his agents, or employees, of tangible personal property, which is subject to the tax imposed by this Act, shall be liable for and pay the tax himself. Any dealer who fails to collect the tax imposed by this Act shall be guilty of a misdemeanor and upon conviction shall be punished as provided in Section 27-2506 of the Georgia Code of 1933.
{c) A person engaged in any business taxable under this Act shall not advertise or hold out to the public, in any manner, directly or indirectly, that he will absorb all or any part of the tax or that he will relieve the purchaser from the payment of all or any part of the tax. A person who violates this provision with respect to advertising shall be guilty of a misdemeanor and upon conviction punished as provided in Section 27-2506 of the Georgia Code of 1933.
(d) The proceeds derived from the sale in this State of livestock, poultry, cotton, tobacco, peanuts, naval stores, and other farm products direct from the farm are exempted from the tax levied by this Act, provided that such sales are made directly by the producers. When such sales of livestock, poultry and other farm products are made to consumers by any person, as defined herein, other than producer, they are subject to the tax imposed by this Act.
Provided, however, that each and every agricultural commodity sold by any person, other than the producer, to any other person, as herein defined, who purchases not for direct consumption but for the purpose of acquiring raw product for use or sale in the process of preparing, furnishing or manufacturing such agricultural commodity for the ultimate retail consumer trade, shall be, and is, exempted from any and all provisions of this Act, including payment of the tax applicable to the sale, storage, use, transfer, or any other utilization or handling thereof, except when such agricultural commodity is actually sold as a marketable or finished product to the ultimate consumer, when the tax imposed by this Act shall apply, but in no case shall more than one tax be exacted.
The term "Agricultural commodity" for the purposes hereof, shall mean horticultural, viticultural, poultry, livestock, farm and range products and naval stores, and forest products in the unprocessed state.
Section 19. Articles, goods, etc., exempt from tax. Be it further enacted by the authority aforesaid:
(a) The taxes imposed by this Act shall not apply to the following: Sales of used articles taken in trade, or a series of trades, as a credit or part payment on the sale of a new article, provided the tax levied by this Act is paid on the sale of the new article. In interpreting this provision, the term "new article" shall be taken to mean the original stock in trade of the dealer, and shall not be limited to new manufactured articles. The original stock or article, whether it be a used article or not, shall be subject to the tax.
(b) With respect. to sales of automobiles and all kinds of motor vehicles that are subject to tax by this Act, it shall be the duty of the dealer to give to the

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purchaser at the time of the sale, a certificate or an affidavit, as may be determined by the Commissioner, signed by the dealer, in such form as may be prescribed by the Commissioner, which certificate or affidavit, shall show the serial number, motor number, type and model of motor vehicle, and whether or not the tax imposed by this Act has been paid. If the tax has not been paid because of the fact that the motor vehicle was taken in trade and is not subject to tax, then the dealer shall give to the purchaser a certificate or an affidavit signed by the dealer showing that the motor vehicle is not subject to tax. No automobile license shall be issued to any person until proof is submitted of the payment of the tax required by this Act. This applies to all vehicles whether purchased within or without the State.
(c) The sale at retail, the use, the consumption, the distribution, and the storage to be used or consumed in this State, of the following tangible personal property is hereby specifically exempted from the tax imposed by this Act:
Water when delivered to consumers through mains, pipes or conduits; fertilizer and containers used for farm products when sold directly to the farmer.
There is also hereby specifically exempted from the tax imposed by this Act ship chandlers' supplies sold in this State for use or consumption in coastwise and foreign maritime commerce and materials sold or used in the repair of vessels engaged in coastwise and foreign maritime commerce.
(d) There is hereby specifically exempted from the tax imposed br this Act the following: Bagging and ties, cotton, whether in the form of lint cotton or seed cotton and whether baled or not or whether sold by the original producer or not.
(e) There is hereby specifically exempted from the tax imposed by this Act all medicines sold by prescription of physician, compounded or processed or blended by the druggist or physician, offering same for sale at retail.
Section 20. Procedure when dealer ceases business. Be it further enacted by the authority aforesaid:
(a) If any dealer liable for any tax, interest or penalty levied hereunder shall sell out his business or stock of goods or shall quit the business, he shall make a final return and payment within fifteen (15) days after the date of selling or quitting business. His successor, successors or assigns, if any, shall withhold sufficient of the purchase money to cover the am<mnt of such taxes, interest and penalties due and unpaid until such time as the former owner shall produce a receipt from the Commissioner of Revenue showing that they have been paid.
Section 21. When taxes due and payable. Be it further enacted by the authority aforesaid:
(a) The taxes levied hereunder shall be due and payable monthly beginning on the first day of the month next following the date this Act takes effect; and for the purpose of ascertaining the amount of tax payable under this Act, it shall be the duty of all dealers, on or before the 20th day of the month following the month in which this tax shall become effective, to transmit to the Commissioner, upon

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forms prescribed, prepared and furnished by him, returns, under oath, showing the total sales or purchases, as the case may b~, arising from all sales or purcha&es taxable under this Act, during the preceding calendar month, or during the part of the preceding calendar month, running from the eftective date of this Act to the end of such month; and thereafter, like returns shall be prepared and transmitted to said Commissioner by all dealers, on or before the 20th day of each month, for the preceding calendar month. Such returns shall show such further information as the Commissioner may require to enable him to correctly compute and collect the tax herein levied. Every dealer at the time of making the return required hereunder, shall compute and remit to the Commissioner the required tax due for the preceding calendar month.
(b) Proceeds from rentals or leases of tangible personal property shall be reported and the tax shall be paid with respect thereto in accordance with such rules and regulations as the Commissioner may prescribe.
It is hereby declared to be the intention of this Act to impose a tax on thf' proceeds of all leases and rentals of tangible personal property in this State where the lease or rental is a part of a regularly established business, or the same is incidental or germane thereto.
(c) If the amount of tax due by the dealer is not paid on or before the date prescribed for its payment, there shall be collected, with said tax, interest upon said unpaid amount, at the rate of one per cent ( 1% ) per month, or fractional part thereof, from the date prescribed for its payment until it is paid, and, in addition to the interest that may be so due there shall 1lso be collected a penalty equivalent to 10% of the tax due, when such tax is not paid within thirty (30) days lrom the final date prescribed for its payment.
No person, board or official of the State of Georgia shall have the power or right to in anywise set aside, suspend, or alter the tax levied by this Act and the penalties provided herein for failure to pay said tax. Nothing herein contained shall interfere with the right of the Commissioner to adjust and settle claims of taxpayers that are in dispute as now provided by law.
The Commissioner, for good cause, may extend for not to exceed fifteen ( 15) days the time for making any returns required under the provisions of this Act.
(d) In the event any dealer fails to make a report and pay the tax as provided by this Act, or in case the dealer makes an incorrect report, or a report that is false or fraudulent, it shall be the duty of the Commissioner to make an estimate for the taxable period of the retail sales of such dealer, or of the proceeds from rentals or leases of tangible personal property by the dealer, and an estimate of the selling price of all articles of tangible personal property imported by the dealer for use or consumption or distribution or storage to be used or consumed in this State, and assess and collect the tax and interest, plus penalty, if such have accrut"d; the Commissioner shall issue an execution in the same manner in which executions are issued by him for the failure to pay taxes levied under the General Tax Act,

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which execution shall be considered prima facie correct, and the burden to show the contrary shall rest on the dealer.
{e) It shall be th~ duty of every dealer required to make a report and pay any tax under this Act, to keep and preserve suitable records of the sales or purchases, as the case may be, taxable under this Act, and such other books of account as may be necessary to d!'termine the amount of tax due hereunder, and other information as may be required by the Commissioner; and it shall be the duty of every such dealer, moreover, to keep and preserve for a period of two years, all invoices and other records of goods, wares and merchandise or other subjects of taxation under this Act; and all such books, invoices and other records shall be open to examination, at all reasonable hours, by the Commissioner or any of his duly authorized agents.
In the event the dealer has imported the tangible personal property and he fails to produce an invoice showing the selling price of the articles as defined by this Act, which are subject to tax, or the invoice does not reflect the true or actual selling price, as defined herein, then the Commissioner shall ascertain, in any manner feasible, the true selling price and assess and collect the tax with interest, plus penalties, if such have accrued, on the selling price as determined by him.
In the case of the lease or rental of tangible p~rsonal property, if the consideration given or reported by the dealer does not, in the judgment of the Commissioner, represent the true or actual consideration, then the Commissioner is authorized to fix the same and collect the tax thereon in the same manner as above provided, with interest plus penalties, if such have accrued.
(f) For the purpose of collecting and remitting to the State the tax imposed by this Act, the dealer is hereby declared to be the agent of the State.
(g) In order to aid in the administration and enforcement of the provisiOns of this Act, and to collect all of the tax imposed by this Act, all wholesale dealers and jobbers of this State are hereby required to keep a record of all sales of tangible personal property made in this State, whether such sales be for cash or on terms "of credit. The record required to be kept by all wholesale dealers and jobbers shall contain and include the name and address of the purchaser, the date of the purchase, the article purchased and the price at which the article is sold to the purchaser. These records shall be kept for a period of two years and shall be open to the inspection of the Commissioner or his duly authorized agents at all reasonable hours. The failure of any wholesale dealer or jobber in this State to keep such records, or the failure of any wholesale dealer or jobber in this State to permit an inspection of such records by the Commissioner or his duly authorized agents as aforesaid, shall be deemed a misdemeanor and upon conviction thereof punished as provided in Section 27-2506 of the Georgia Code of 1933, and the Commissioner shall have the right to petition the Judge of the Superior Court for an order requiring said wholesaler or jobber to produce his books and records for the inspection by the Commissioner or his duly authorized agents.

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Section 22. Commissioner to determine method of collection of tax. Be it further enacted by the authority aforesaid:
(a) That the Commissioner of Revenue shall administer and enforce the provisions of this Act and the collection of the tax imposed by said Act. He shall make such rules and regulations as he deems necessary for the administration of this Act, said rules and regulations not to be inconsistent with this Act or the Constitution of this State or of the United States.
(b) The Commissioner is directed to purchase tokens in an amount and denominations sufficient for the proper administration of this Act, and said tokens shall be purchased through the State Purchasing Agent after competitive bids have been duly called for and the lowest bidder has been ascertained.
Section 23. Commissioner authorized to examine books and records of all transportation companies operating in State. Be it further enacted by the authority aforesaid:
(a) For the purpose of enforcing the collection of the tax levied by this Act, the Commissioner is hereby specifically authorized and empowered to examine, at all reasonable hours, the books, records and other documents of all persons, transportation companies, agencies, or firms operating in this State, whether said companies, agencies or firms conduct their business by truck, rail, water, airplane, or otherwise, in order to determine what dealers, as provided in this Act, are importing or are otherwise shipping articles of tangible personal property which are liable for said tax. In the event said person, transportation company, agency or firm shall refuse to permit such examination of its books, records and other documents by the Commissioner as aforesaid, such shall be deemed a misdemeanor and upon conviction punished as provided in Section 27-2506 of the Georgia Code of 1933, and the Commissioner shall have the right to petition of the Judge of the Superior Court for an order requiring said person, transportation company, agency or firm to produce their books and records for inspection by the Commissioner or his duly authorized agents.
(b) Each dealer, as defined in this Act, ~hall secure, maintain and keep for a period of two (2) years, a complete record of tangible personal property received, used, sold at retail, distributed or stored, leased or rented, within this State by said dealer, together with invoices, bills of lading, and other pertinent records and papers as may be requir~d by the Commissioner for the reasonable administration of this Act, and all such records shall be open for inspection by the Commissioner or his duly authorized agents at all reasonable hours. Any dealer subject to the provisions of this Act who shall violate this provision shall be guilty of a misdemeanor and upon conviction punished as provided in Section 27-2506 of the Georgia Code of 1933, and the Commissioner shall have the right to petition the Judge of the Superior Court for an order requiring said dealer to produce his books and records for inspection by the Commissioner or his duly authorized agents.
Section 24. Procedure when returns not made by dealer before becoming delinquent. Be it further enacted by the authority aforesaid:

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(a) If any dealer fails to make any such return, or refuses to permit an examination of his, the dealer's books, records, or papers, or to answer questions within the scope of an investigation of the Commissioner relating to the sale, use, consumption, distribution, storage, lease or rental of tangible personal property, the Commissioner may apply to the Superior Court of the County in which such dealer may reside or have his principal place of business, or to any judge thereof, for an order requiring such dealer to make such return, or requiring the dealer, his agents or employees, to answer any such questions or permit such examination; and the court, or any judge thereof, shall thereupon issue an order, upon such reasonable notice as shall be prescribed therein, to be served upon said dealer or the agents or employees of such dealer, directing him or them to testify and to produce such books, records and papers as may be required.
(b) At the time of transmitting the return required hereunder to the Commissioner, the dealer shall remit to him, therewith, the amount of the tax due under the applicable provisions of this Act, and failure to so remit such tax, shall cause said tax to become delinquent.
(c) All taxes, interest and penalties, imposed under this Act shall be paid to the Commissioner at the State Capitol at Atlanta, in the form of remittance required by him.
(d) Any dealer subject to the prov1s1ons of this Act, failing or refusing to furnish any return herein required to be made, or failing or refusing to furnish a supplemental return or other data required by the Commissioner, or who shall violate any other provision of this Act shall be guilty of a misdemeanor and upon conviction punished as provided in Section 27-2506 of the Georgia Code of 1933.
(e) Any dealer required to make, render, sign or verify any return, as aforesaid, who makes a false or fraudulent return, with intent to evade the tax hereby levied, shall be guilty of a misdemeanor and upon conviction punished as provided m Section 27-2506 of the Georgia Code of 1933.
(f) The venue of the prosecution arising under subsection (d) hereof, shall be in the County wherein the Act complained of was committed; and prosecutions arising under subsection (e) hereof, shall be instituted in the County where such return was verified.
(g) Any dealer who shall violate any other prov1s1on of this Act, punishment for which is not otherwise herein provided, shall be guilty of a misdemeanor and upon conviction punished as provided in Section 27-2506 of the Georgia Code of 1933.
Section 25. Delinquent tax executions: lien of tax. Be it further enacted by the authority aforesaid:
(a) If any tax or amount imposed by this Act, or any portion of such tax or amount is not paid within thirty days, after due, the same shall be considered delinquent, and the amount payable thereafter shall be the amount due with ten
per centum ( 10%) for the first month and with interest of one per centum ( 1%;

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1453

per month until paid or collected and the Commissioner may, as soon as practicable thereafter, issue an execution under his official seal, directed to the sheriff of any county of the State, commanding him to levy upon and sell any real and personal property of the person owing the same, for the payment of the amount thereof, with the added penalties, interest, and the court cost which may accrue in the collection of the execution. Upon receipt of ~aid execution by the sheriff he shall file the execution in the office of the Clerk of the Superior Court of the County of the defendant's residence, provided however, that in cases where the execution is issued against a nonresident, the execution may be filed with the Clerk of the Superior Court in any county where the nonresident has an agent or a place of business, and thereupon the Superior Court Clerk shall enter the execution upon the General Execution Docket, and upon entering the said execution upon the Docket, it shall become a lien upon all property of the defendant as other tax liens. Upon the levying of such execution by the sheriff or other levying officer of this State, the taxpayer shall have a right to file an affidavit of illegality to the execution so issued, which shall be tried in the same manner as affidavits of illegality to executions issued by the Superior Courts of this State are now tried.
(b) For the purpose of the enforcement of this Act and the collection of the tax levied hereunder, it is presumed that all tangible personal property subject to the provisions of this Act imported into this 3tate or held in this State, by any dealer, is to be sold at retail, used or consumed, or stored for use or consumption in this State, or leased or rented within this State, and is subject to the tax herein levied.
Section 25. Commissioner authorized to establish system of permits.
Be it further enacted by the authority aforesaid:
(a) That in order to prevent the illegal importation of tangible personal property which is subject to tax, into this State, and to strengthen and make more effective the manner and method of enforcing payment of the tax imposed by this Act, the Commissioner is hereby authorized and empowered to put intO' operation a system of permits whereby any person or dealer, as defined by this Act, may import tangible personal property.
(b) The importation into this State of tangible personal property which is subject to the tax imposed by this Act for the purpose of avoiding the payment of the taxes provided in this Act, by truck, automobile, or other means of transportation other than a common carrier, shall be construed as an attempt to evade the payment of said tax and the same is hereby prohibited and said truck, automobile, or other means of transportation other than a common carrier shall be seized by the Commissioner or his agents and shall be subject to confiscation in the manner provided for in this Act.
(c) The Commissioner is hereby authorized in a summary proceeding, or by an action against the owner or operator of any truck, automobile or means of transportation other than a common carrier, used in the illegal importation of any article or articles of tangible personal property on which a tax is levied by this Act, and

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on which said tax has not been paid, to demand the forfeiture and sale of the said truck, automobile or other means of transportation, together with the said taxable property, used in said illegal importation and transportation and in violation of this Act; said vehicle and goods being so transported shall be condemned in the same manner as goods and vehicles are now condemned under the provisions of the Cigar and Cigarette Tax Act of this State.
Section 26. Right of refund or reimbursement on returned purchases.
Be it further enacted by the authority aforesaid; that in the event purchases are returned to the dealer by the purchaser or consumer after the tax imposed by this Act has been collected or charged to the account of the consumer or user, the dealer shall be entitled to reimbursement of the amount of tax so collected or charged by him, in the manner prescribed by the Commissioner and in case the tax has not been remitted by the dealer to the Commissioner, the dealer may deduct the same in submitting his return. Upon receipt of a sworn statement of the dealer as to the amount of such refunds during the period covered by such sworn statement, which period shall not be longer than ninety (90) days, the Commissioner shall issue to the dealer an official credit memorandum equal to the net amount remitted by the dealer for such tax collected. Such memorandum may be accepted by the Commissioner or at full face value from the dealer to whom it is issued, in the remittance for subsequent taxes accrued under the provisions of this Act; provided however, that in no case shall the Commissioner make a credit memorandum for taxes paid on goods returned unless the Commissioner is satisfied that the amount of refund so claimed is true and correct.
The Commissioner shall design, prepare, print and furnish to all dealers, or make available to said dealers, all necessary forms for filing returns, and instructions to insure a full collection from dealers and an accounting for the taxes due, but failure of any dealer to secure such forms shall not relieve such dealer from the payment of said tax at the time and in the manner herein provided.
Section 27. Settlements to be made by Commissioner with State Treasurer. Be it further enacted by the authority aforesaid that all taxes collected under the provisions of this Act shall be paid to the Commissioner of Revenue. All monies collected under the provisions of this Act, less deductions and discounts which may be allowed, as authorized herein, shall be paid to the State Treasurer who shall distribute the funds in accordance with the provisions of this Act.
Section 28. Effective date. Be it further enacted by the authority aforesaid that this Act shall become effective April 1, 1939.
Section 29. Be it further enacted by the authority aforesaid that the taxes imposed under the provisions of this Act shall not apply to the sales of gasoline, cigars, cigarettes, malt beverages, alcoholic liquors and wines.
Section 30. Secrecy and Privacy of Records. Be it further enacted by the authority aforesaid that the same provisions relating to secrecy and privacy provided

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1455

by the income and intangible tax laws of the State of Georgia shaH be applicable to the returns made, information furnished and taxes paid under this Act.
Section 31. Penalty for Violation. Be it further enacted by the authority aforesaid that the violation of any provisions of this Act shall be a misdemeanor and upon conviction punished as provided in Section 27-2506 of the Georgia Code of 1933.
Section 32. To provide an Appropriation for the Administration of this Act. Be it further enacted by the authority aforesaid that five per cent (5%) of the total revenue collected under the provisions of this Act be and the same is hereby allocated or appropriated to the Department of Revenue for the expenses in the collection and the enforcement of the terms <md provisions of this Act and the administration thereof. The Commissioner of Revenue is hereby authorized to employ agents and enforcement officers, including auditors and such clerical assistance as may be necessary in his opinion to collect the taxes imposed under this Act and carry out the provisions thereof.
Section 33. Use of net proceeds from the collection of Taxes under this Act.
Be it further provided by the authority aforesaid that the taxes in this Act be, and the same are hereby allocated and appropriated as follows:
Two-thirds (2/3) of the net proceeds of this tax for each fiscal year is hereby set aside in a special fund in the State Treasury to the credit of the State Board of Education to be used by said Board for the sole purpose of paying any appropriation for the fiscal year made by the General Assembly of Georg;ia for salaries of teachers employed by the State in the Public School Systt:m where funds are not otherwise available to pay in full such appropriation, provided that no part of such fund shall be used except to pay in full the unpaid appropriation made by law for this purpose for each fiscal year.
One-third ( 113) of the net proceeds of this Tax for each fiscal year is hereby set aside in special funds in the State Treasury each in the same proportion as each of the fixed sum appropriations made for paying old age pensions, for aid to the blind, for the benefit of dependent children, for the State institutions under control of the Public Welfare Department, and for the Tubercular Sanatorium at Alto bears to the total fixed sum appropriations each fiscal year for these purposes. The funds thus set aside in the State Treasury for these purposes shall be used for the sole purpose of paying any appropriation for the fiscal year made by the General Assembly of Georgia for these purposes where funds are not otherwise available to pay in full such appropriations, provided that no part of the fund shall be used except to pay the unpaid appropriations for these purposes made by law for each fiscal year.
Provided further, that should the amount of funds set up each fiscal year for the items of this Section be in excess of the amount needed to pay the appropriations for each fiscal year in full for the items named, the State Treasurer is hereby

1456

JOURNAL OF THE HOUSE,

authorized and directed to pay into the State General Fund the amount of the funds that are in excess of the full appropriations made by law for each fiscal year.
Provided, however, the provisions for the distribution and use of the net proceeds of the tax derived under this Act, as set cut in this Section, shall not become effective until after:
First, $500,000.00 of the first net proceeds of this tax shall be set aside in a special fund in the State Treasury to the credit of the State Department of Public Welfare to be used for the sole purpose of paying any fixed sum appropriation for the fiscal year ending June 30, 1939, made by the General Assembly for the benefit of Milledgeville State Hospital where funds arc not otherwise available to pay in full such appropriation, with the direction that the funds thus appropriated shall be used in liquidating the outstanding obligations of said institution.
Second; That from the first net proceeds of this tax there shall be set aside and appropriated in a special fund in the State Treasury to the credit of the State Board of Education an amount sufficient to pay in full the teachers' salaries for the year ending June 30, 1939, where funds are not otherwise available to pay in full such teachers' salaries as are now in force and effect. The funds thus provided shall be used solely for the purpose of paying teachers' sa.laries due for the year ending June 30, 1939, and immediately upon sufficient funds being set aside for this purpose the distribution of the net proceeds of this tax as provided in this Section shall be in force and effect.
Section 34. Be it further enacted, and it is hereby enacted by the authority aforesaid that the taxes levied under the provisions of this Act shall not be levied after January I, 1940, but all taxes levied hereunder shall he levied from the effective date of this Act up until January I, 1940. Any taxes which have accrued and have not been paid January I, 1940, shall be due and collectible by the Commi~sioner of Revenue, and the expiration of the effective date of this Act shall not affect the provisions of this Act, herein providing for the collection of the taxes levied, and the Commissioner is authorized to proceed and collect the taxes which have accrued under this Act the same as if the tax had not expired.
Section 35. Constitutionality. Be it further enacted by the authority aforesaid, that if any section, subsection, sentence, clause or phrase of this Act be held invalid, such decision shall not affect the validity of the remaining portions of said Act. The General Assembly hereby declares that it would have passed this Act, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases may be so declared invalid.
Section 36. Repealing Clause. Be it further enacted by the .tuthority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
Mr. Forrester of Crisp moved that the bill bt' printed.
On the motion the ayes were 41, the nays 64, and the motion was lost.

WEDNESDAY, MARCH 15, 1939

1457

Mr. Forrester of Crisp moved that the House do now adjourn until tomorrow morning at 9:00 o'clock.

On the motion to adjourn, Mr. Davis of Coweta 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 Blease Bloodworth Bruce Candler Clary
Clements of Marion Clements of Wheeler Cobb Cook Davis of Coweta DeFoor Dockery Drinkard Edwards of Lowndes Edwards of Taylor Elliott

English Etheridge of Baker Evans of McDuffie Ferguson of Camden Ferguson of Sumter Ford Forrester of Crisp Franklin of Bulloch Franklin of Polk Gavin Goddard Guyton
Harden Herndon Hinson
Joel Jones of Paulding Looper

Maxwell Middleton Mills Parham Purdy Sams Sanders Smith of Schley Strickland of Haralson Summerour Sumner Thornton Tippins Tomlinson Wells Williams of Bacon Wohlwender

Those voting in the negative were Messrs.:

Aiken Allison of Gwinnett Almand Atkinson Barrett Beck Bell Bennett of Ware Boyd of Cook Boyd of Greene Branch Brooks of Jackson Brooks of Oglethorpe Bush Bynum Campbell Carmichael of Cobb Carrington

Carter Cheney Claxton Clements of Calhoun Connell Conner Corbett Culpepper of Mitchell Curry Daughtry Davidson Davis of Floyd Dean Douglass Drake
Ennis, J. H.
Ennis, Marion Etheridge of Fulton

Etheridge of Houston Flanders Foster Fowler of Treutlen Gaines Gill Gowen Graham Grice Griffin Gross of Stephens Gross of Washington Harrison of Crawford Harrison of Jenkins Harvey Hatchett Hayes Henderson

1458

JOURNAL OF THE HOUSE,

Hill Holtzendorff Howard Jackson Jones of Richmond Kennedy Key Kimbrough King Lanham Lanier Lovett Mankin Marshall Mason McGraw

Merritt Miller Moore of Taliaferro Morgan Pannell Pharr Pierce Pilcher
Preston Rawlins Reid Roughton Rountree Sabados Sartain Saunders

Scott Smith of Henry Stiles Swindle Terrell Thigpen of Glascock Tipton Turner Vickery Warren Whipple Whitaker Wiggins Williams of Ware Wright Yawn

Those not voting were Messrs.:

Allen Allison of White Bennett of Clarke Binion Blackshear Bray Carmichael of Butts Chappell Clark Coogler Culpepper of Fayette Dallis Dickerson Easley Evans of Laurens Forrester of Dade Fowler of Douglas

Goolsby Grant Grayson Greene Hardman
Johnson Jones of Brantley Kaigler Kelley Kendrick Lewis McBride McCracken McDaniel McNall Moore of Lumpkin Mosely

Moss Parker Ragan Rees Rogers Rossee Sapp Simmons Smiley Strickland of Pierce Tate Thigpen of Evans Trippe Wages Yeomans

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

On the motion to adjourn, the ayes were 53, the nays 102, and the motion was lost.

Mr. Blease of Brooks moved that the House do now adjourn until tomorrow morning at 9:00 o'clock.

On the motion to adjourn, Mr. Blease of Brooks moved the ayes and nays, and the call was not sustained.

WEDNESDAY, MARCH 15, 1939

1459

On the motion to adjourn, the ayes were 45, the nays 64, and the motion was lost.

Mr. Clary of Columbia moved that the House do now adjourn until tomorrow morning at 9:00 o'clock, and the motion was lost.

Mr. Davis of Coweta moved that the bill be indefinitely postponed.

On the motion to postpone, Mr. Rawlins of Telfair moved the ayes and nays, afid the call was sustained.

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

Those voting in the affirmative were Messrs.:

Ansley Barlow Blease Boyd of Cook Bruce Campbell Candler Carmichael of Cobb Clary Clements of Marion Clements of Wheeler Connell Cook Davis of Coweta DeFoor Edwards of Lowndes Edwards of Taylor Elliott

English Etheridge of Fulton Evans of McDuffie Ferguson of Camden Ferguson of Sumter Forrester of Crisp Franklin of Bulloch Gavin Goddard Gowen Guyton Harden Hinson Jones of Paulding Kimbrough Lovett Mankin Marshall

Maxwell Mills Morgan Pannell Parham Pilcher Roughton Sams Smith of Henry Smith of Schley
Strickland of Haralson Summerour Thornton Turner Wells Williams of Bacon Wohlwender Wright

Those voting in the negative were Messrs.:

Aiken Allen Allison of Gwinnett Almand Beck Bell Bennett of Ware Blackshear Boyd of Greene Branch Brooks of Oglethorpe Bush Bynum Carrington

Carter Claxton Clements of Calhoun Cobb Conner Corbett Culpepper of Mitchell Curry Daughtry Davis of Floyd Dean Dockery Drake Ennis, J. H.

Ennis, Marion Etheridge of Houston Flanders Ford Foster Fowler of Treutlen Gaines Graham Greene Grice Griffin Gross of Stephens Gross of Washington Harrison of Crawford

1460

JOURNAL OF THE HOUSE,

Harrison of Jenkins Harvey Hatchett Hayes Henderson Hill Holtzendorff Howard Jackson Joel Johnson Jones of Richmond Key King Lanham

Lanier Looper Mason McGraw Merritt Miller Moore of Taliaferro Pharr Pierce Preston Purdy Rawlins Reid Rountree Sanders

Stiles Sumner Swindle Tate Terrell Thigpen of Glascock Tipton Vickery Warren Whipple Whitaker Wiggins Williams of Ware Yawn

Those not voting were Messrs.:

Allison of White Atkinson Barrett Bennett of Clarke Binion Bloodworth Bray Brooks of Jackson Carmichael of Butts Chappell Cheney Clark Coogler Culpepper of Fayette Dallis Davidson Dickerson Douglass Drinkard Easley Etheridge of Baker

Forrester of Dade Fowler of Douglas Franklin of Polk Gill Goolsby Grant Grayson Hardman
Herndon Jones of Brantley Kaigler Kelley Kendrick Kennedy Lewis McBride McCracken McDaniel McNall Middleton Moore of Lumpkin

Mosely
Moss Parker Ragan Rees Rogers Rossee Sabados Sapp Sartain Saunders Scott Simmons Smiley Strickland of Pierce Thigpen of Evans Tippins Tomlinson Trippe Wages Yeomans

By unanimous consent, the roll call was verified.

On the motion to indefinitely postpone, the ayes were 54, the nays 86, and the motion was lost.

The following Committee reports were submitted and read:
Mr. Wells of Burke County, Chairman of the Committee on Public Library, submitted the following report:

WEDNESDAY, MARCH 15, 1939

1461

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. 198-823A. Do pass.
Respectfully submitted, Wells of Burke, Chairman.

Mr. Lanham of Floyd 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. 821. Do not pass.
Respectfully submitted,
Lanham of Floyd, Chairman.

Mr. Lanham of Floyd 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 recammendations:

House Bill No. 25. Do pass.

House Bill No. 456. Do not pass.

Senate Bill No. 135.

Do pass. Respecttully submitted, Lanham of Floyd, Chairman.

Mr. Clements of Wheeler County, Chairman of the Committee on Western and Atlantic Railroad, submitted the following report:
Mr. Speaker: Your Committee on Western and Atlantic Railroad have had under considera-
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. 172. Do pass.
Respectfully submitted, Clements of Wheeler, Chairman.

1462

JOURNAL OF THE HOUSE,

By unanimous consent, the following bills and resolution of the House and Senate, favorably reported, were read the second time:
By Mr. Evans of McDuffie-
Hause Bill No. 25. A bill to be entitled an act to limit the license tax on Chain Stores so that when only one store is owned it cannot be taxed as a chain store; and for other purposes.
By Mr. Edwards of Taylor-
House Resolution No. 198-823A. A resolution authorizing the State Librarian to furnish certain law books to Taylor County; and for other purposes.
By Senator Brown of the 4th District-
Senate Bill No. 135. 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 Acts approved March 26, 1935, March 30, 1937, and December 29, 1937; and for other purposes.
By Senator Millican of the 52nd District-
Senate Bill No. 172. A bill to be entitled an Act to atd the Western and Atlantic Railroad by the creation of a commission authorized to contract in the name and on behalf of the State of Georgia, for the construction, occupancy, use and maintenance of income producing buildings; and for other purposes.
By unanimous consent, the following bill of the House was placed on the calendar for the purpose of disagreeing to the unfavorable report of the Committee:
By Mr. Boyd of CookHouse Bill No. 821. A bill to be entitled an Act to amend an Act entitled
"Intangibles-Classification" by striking Section 11 thereof and substituting a new section, which deals with the question of distribution of revenues; and for other purposes.
By unanimous consent, the following Senate bills and resolution were read the first time and referred to the Committees:
By Senators McCranie of the 48th and Dawson of the 2nd Districts-
Senate Bill No. 73. A bill to be entitled an Act to amend an Act entitled "Public Assistance to the Aged" to provide for uniformity in the payment of pensions; and for other purposes.
Referred to Committee on Public Welfare.
By Senators Sanders of the 36th and Millican of the 52nd DistrictsSenate Bill No. 142. A bill to be entitled an Act declaring the promulgation
and adoption of rules of practice and procedure for the trial courts of Georgia to be judicial functions; and for other purposes.

WEDNESDAY, MARCH 15, 1939

1463

Referred to Committee on General Judiciary No. 1.
By Senator Brinson of the 42nd District-
Senate Bill No. 217. A bill to be entitled an Act to amend the charter of the City of Summerville; and for other purposes.
Referred to Committee on Municipal Government.
By Senator Durden of the lOth District-
Senate Bill No. 224. A bill to be entitled an Act to amend an Act to authorize and empower the Governor to assign and set apart rentals of the Western and Atlantic Railroad, etc.; and for other purposes.
Referred to Committee on Western and Atlantic Railroad.
By Senator Harrell of the 7th District-
Senate Bill No. 226. A bill to be entitled an Act to amend the Code of 1933 of the State of Georgia, and the Motor Carrier Act of 1931 approved March 31, 1931, so as to place a limitation upon the capacity of motor vehicles transporting inflammable petroleum products in bulk on the public highways; and for other purposes.
Referred to Committee on Motor Vehicles.
By Senators Smith of the 24th, Daves of the 14th and Cail of the 17th Districts-
Senate Resolution No. 57. A resolution by the Senate and the House concurring that a State Road Survey Council of 18 members shall be established; and for other purposes.
Referred to Committee on State of Republic.
Mr. Harris of Richmond moved that the House do now adjourn until 9:00 o'clock tomorrow morning, the motion prevailed, and House Bill 799 went over until that time under the order of unfinished business.
Leave of absence was granted to Mr. Simmons of Decatur.
The Speaker announced the House adjourned until tomorrow morning at 9:00 o'clock.

1464

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Ga.,

Thursday, March 16th, 1939.

The House met pursuant to adjournment this day at 9:00 o'clock, A. M., was called to order by the Speaker and opened with prayer by the Chaplain.
The roll was called and the following members answ~:red to their names:

Aiken Allen Allison of Gwinnett Allison of White Almand Ansley Atkinson Barlow Barrett Beck Bell Bennett of Clarke Bennett of Ware Binion Blackshear Blease Bloodworth Boyd of Cook Boyd of Greene Branch Bray Brooks of Jackson Brooks of Oglethorpe Bruce Bush Bynum Campbell Candler Carmichael of Butts Carmichael of Cobb Carrington Carter Chappell Cheney Clark Clary Claxton Clements of Calhoun

Clements of Marion Clements of Wheeler Cobb Connell Conner Coogler Cook Corbett Culpepper of Fayette Culpepper of Mitchell Curry Dallis Daughtry Davidson Davis of Coweta Davis of Floyd Dean DeFoor Dickerson Dockery Douglass Drake Drinkard Easley Edwards of Lowndes Edwards of Taylor Elliott English Ennis, J. H. Ennis, Marion Etheridge of Baker Etheridge of Fulton
Etheridge of Houston Evans of Laurens Evans of McDuffie Ferguson of Camden Ferguson of Sumter Flanders

Ford Forrester of Crisp Forrester of Dade Foster Fowler of Douglas Fowler of Treutlen Franklin of Bulloch Franklin of Polk Gaines Gavin Gill Goddard Goolsby Gowen Graham Grant Grayson Greene Grice Griffin Gross of Stephens Gross of Washington Guyton Harden Hardman Harrison of Crawford Harrison of Jenkins Harvey Hatchett Hayes Henderson Herndon Hill Hinson Holtzendorff Howard Jackson Joel

THURSDAY, MARCH 16, 1939

1465

Johnson Jones of Brantley Jones of Paulding Jones of Richmond Kaigler Kelley Kendrick Kennedy Key Kimbrough King Lanham Lanier Lewis Looper Lovett
Mankin Marshall Mason Maxwell McBride McCracken McDaniel McGraw McNall Merritt Middleton Miller Mills Moore of Lumpkin Moore of Taliaferro

Morgan Mosely Moss Pannell Parham Parker Pharr Pierce Pilcher Preston Purdy Ragan Rawlins Rees Reid Rogers Rossee Roughton Rountree Sabados Sams Sanders Sapp Sartain Saunders Scott Simmons Smiley Smith of Henry Smith of Schley Stiles

Strickland of Haralson Strickland of Pierce Summerour Sumner Swindle Tate Terrell Thigpen of Evans Thigpen of Glascock Thornton Tippins Tipton Tomlinson Trippe Turner Vickery Wages Warren Wells Whipple Whitaker Wiggins Williams of Bacon Williams of Ware Wohlwender Wright Yawn Yeomans Mr. Speaker

Mr. Clary of Columbia, 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. Reports of Standing Committees.

2. Second reading of bills, favorably reported.
3. Third reading and passage of local uncontested bills and resolutions of the House and Senate.

1466

JOURNAL OF THE HOUSE,

4. First reading and reference of Senate bills and resolutions.
Mr. Ferguson of Camden 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. ll8. Do not pass.
Respectfully submitted,
Ferguson of Camden, Chairman.
Mr. Atkinson of Chatham 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 Senate and have instructed me, as Chairman, to report the same back to the House with the following recommendations:
Senate Bill No. 89. Do pass, as amended.
Senate Bill No. 113. Do pass.
Senate Bill No. 137. Do pass.
Senate Bill No. 206. Do pass.
Respectfully submitted,
Atkinson of Chatham, 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. 244, 322, 407, 414, 436, 446, 478, 554, 591, 607, 649, 677, 681, 694, 742, 754, 759, 760, 761, 803, 809, 810, 820, 822, 823.
House Resolutions Nos. 61-259B, 62-259C, 63-259D, 64-259E, 118-453A, 124-467A, 132-497A, 165-647A.
Respectfully submitted, Sartain of Walker, Chairman.

THURSDAY, MARCH 16, 1939

1467

Mr. Ansley of Lee 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 bills of the House, to-wit:
House Bills Nos. 342, 690.
Respectfully mbmitted,
Ansley of Lee, Chairman.
Mr. Bennett of Ware 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 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. 2. Do pass, as amended.
House Bill No. 37. Do not pass.
House Bill No. 52. Do not pass.
House Bill No. 398. Do not pass.
Respectfully submitted,
Bennett of Ware, Chairman.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requtstte constitutional majority the following bills and resolution of the House, to-wit:
By Mr. Brooks of OglethorpeHouse Bill No. 284. A bill to prohibit the trapping or taking of foxes in certain
counties of this State; and for other purposes.
By Messrs. Thigpen of Evans, Kennedy of Tattnall and Smiley of Liberty-
House Bill No. 301. A bill to amend a section of the Code relating to adding a road to the State Highway System by changing the direction to run through the counties of Evans, Tattnall and Liberty; and for other purposes.
By Messrs. Tipton and Scott of Thomas-

1468

JOURNAL OF THE HOUSE,

House Bill No. 486. A bill to provide for holding of four terms a year of the Superior Court of Thomas County; and for other purposes.
By Mr. Wiggins of Dodge-
House Bill No. 664. A bill to amend an Act to abolish the office of Treasurer of Dodge County; and for other purposes.
By Mr. Howard of Long-
House Bill No. 687. A bill amending sections of the Act creating a Board of Commissioners of Roads and Revenues of Long County; and for other purposes.
By Messrs. Yawn and Wiggins of Dodge-
House Bill No. 711. A bill to amend an Act regulating the holding of primary elections of all political parties in Dodge County; and for other purposes.
By Mr. Kennedy of Tattnall-
House Bill No. 719. A bill to amend an Act creating a new charter for the City of Glennville by striking Section 5 thereof; and for other purposes.
By Mr. Atkinson of Chatham-
House Bill No. 738. A bill to revise, alter and amend the several Acts incorporating the Town of Tybee, now known as Savannah Beach; and for other purposes.
By Mr. Culpepper of Fayette-
House Bill No. 744. A bill to amend an Act incorporating the Town of Tyrone; and for other purposes.
By Mr. Moss of Gordon-
House Bill No. 758. A bill to incorporate the Town of Oakman; and for other purposes.
By Mr. Evans of McDuffie-
Hause Bill No. 784. A bill to provide the manner in which Justices of the Peace and Notaries Public, Ex-Officio Justices of the Peace, shall be compensated in criminal cases in McDuffie County; and for other purposes.
By Mr. Carmichael of Cobb-
House Resolution No. 197. A resolution calling upon the State of Georgia to move the "Old Locomotive, General" from Chattanooga to Kennesaw to be used as an exhibit in the Kennesaw Memorial Park.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:

THURSDAY, MARCH 16. 1939

1469

Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following bill of the House, to-wit:
By Messrs. Gowen of Glynn, Ferguson of Camden, Yeomans of Wayne and others-
House Bill No. 354. A bill to amend the Code sections which provide for an open season for hunting, so as to provide a different date for the commencement of the open season for the hunting of game in certain territory 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 substitute as amended by the requ1s1te constitutional majority the following bills and resolutions of the House, to-wit:
By Messrs. Scott and Tipton of Thomas-
House Bill No. 672. A bill to authorize the City of Thomasville to create a City Authority by city ordinance; and for other purposes.
The following message was received from the Senate thro g'l Mr. Hammond, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the tollowing bills of the Senate, to-wit:
By Senator Jordan of the 15th District-
Senate Bill No. 140. A bill proposing to the voters and amendment to the Constitution exempting industries engaged in the manufacture or processing of livestock, farm products from taxation for a period of five years ; and for other purposes.
By Senators Brown of the 4th, Thrasher of the 27th and Brooks of the 8th Districts-
Senate Bill No. 179. A bill to amend an Act authorizing the Commissioner of Agriculture to promulgate rules and regulation~ in reference to the sanitation, distribution and transportation of fish and sea foods; and for other purposes.
By Senators Brown of the 4th, Thrasher of the 27th and Brooks of the 8th Districts-
Senate Bill No. 180. A bill to repeal Section 45-210 ot the Code relating to license fees levied on commercial fishing boats by providing for an additional license on aliens or non-residents; and for other purposes.

1470

JOURNAL OF THE HOUSE,

By Senator Thrasher of the 27th District-
Senate Bill No. 190. A bill to amend the Code by requmng persons owning or leasing oyster beds to register with the Tide Water Commission a private mark; and for other purposes.
By Senator Thrasher of the 27th District-
Senate Bill No. 198. A bill to amend the Code by changing the open season during which shad may be taken from the waters of this State; and for other purposes.
By Senators Manning of the 39th and Spivey of the 16th Districts-
Senate Bill No. 210. A bill to amend an Act entitled an Act to prl'lmOtP. public health, safety, morals and general welfare by prohibiting certain endurance contests; and for other purposes.
By Senators Smith of the 24th and Lindsay of the 34th Districts-
Senate Bill No. 218. A bill creating a public corporation known as the "Atlanta Produce Market Authority", authorizing the same to establish and maintain a wholesale produce market in the City of Atlanta; and for other purposes.
By Senator Redman of the 26th District-
Senate Bill No. 220. A bill amending Section 77-341 of the Code of Georgia relating to commutation of term of good behavior to convicts by the Superintendent of the Penitentiary; and for other purposes.
By Senator Causey of the 46th District-
Senate Bill No. 222. A bill authorizing the Ordinary or other official in charge of the fiscal affairs of the county to pay the premiums on surety bonds of tax officials; and for other purposes.
By Senator Warnell of the 1st District-
Senate Bill No. 225. A bill amending an Act entitled "Highway Mileage" and adding a certain road extending through the Counties of Bulloch, Bryan and Liberty to the "Traylor-Neill Map"; and for other purposes.
By Senator Jordan of the 15th District-
Senate Bill No. 227. A bill abolishing the offices of Tax Receiver and Tax Collector in Wheeler County and creating the office of Tax Commissioner; and for other purposes.
By Senator Estes of the 35th District-
Senate Bill No. 229. A bill amending an Act entitled "Highway Mileage" so as to add a certain road beginning at Panthersville, DeKalb County and extending along the Decatur to McDonough State Coach Route, to the "Traylor-Neill Map"; and for other purposes.

THURSDAY, MARCH 16, 1939

1471

By Senator Millican of the 52nd District-
Senate Bill No. 230. A bill amending Code Section 92-3715 of 1933 as ameP.ded by the Act approved March 31, 1937; and for other purposes.
By Senator Lindsay of the 34th District-
Senate Bill No. 231. A bill creating in the State Welfare Depar:ment a Division of Deaf Mutes; defining the duties of said Division; ar:d for other purposes.
By unanimous consent, the following bills of the Senate, favorably reported, were read the second time:
By Senator Lindsay of the 34th DistrictSenate Bill No. 2. A bill to be entitled an Act repealing an Act of 1935 definin~
the status of the Regents of the University System of Georgia, and property held by said Board; and for other p~poses.
By Senators Brinson of the 42nd, Palmour of the 33rd and Howe of the 38th Districts-
Senate Bill No. 89. A bill to be entitled an Act creating the office of Judge Emeritus and providing for the appointment of Judges of the Court of Appeals thereto upon reaching the age of 70 years; and for other purposes.
By Senator Millican of the 52nd District-
Senate Bill No. 113. A bill to be entitled an Act to amend Code Section 40-1608 of the Code of 1933 with reference to Assistant Attorney Generals; and for other purposes.
By Senators Howe of the 38th, Harrell of the 7th and Brinson of the 42nd Districts-
Senate Bill No. 137. A bill to be entitled an Act to prohibit Clerks and Ordi naries of this State, their deputies, employees and agents from drawing any deed, mortgage, conveyance or will, whether with or without charge; and for other purposes.
By Senators Spivey of the 16th, Harrell of the 7th, Brinson of the 42nd, Lindsay of the 34th, Causey of the 46th, Manning of the 39th and Howe of the 38th Districts-
Senate Bill No. 206. A bill to be entitled an Act to authorize and provide the effect of docketing, indexing and recording certified copies of petitions commencing proceedings under the Bankruptcy Act of the United States; 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. Whitaker of Appling-
House Bill No. 822. A bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Baxley; and for other purposes.

1472

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. Harrison of Jenkins-
House Bill No. 820. A bill to be entitled an Act to create a new charter for the City of Millen, in the County of Jenkins; and for other purposes.

The report 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.

Mr. Sams of DeKalb moved that the House reconsider its action in passing the following bill of the House, and the motion prevailed.

By Mr. Campbell of Newton-
House Bill No. 816. A bill to be entitled an Act to amend an Act creating the City of Avondale Estates; and for other purposes.

By unanimous consent, House Bill No. 816 was withdrawn from further consideration.
Under the order of unfinished business, the following bill of the House was again taken up for consideration:

By Mr. Jones of Richmond-
House Bill No. 799. A bill to be entitled an Act to amend Chapter 92-19 (Title 92) of the Code of 1933, entitled "Public Revenue", by adding a new section to be known as 92-1915, so as to provide a tax for every peddler or traveling vendor; and for other purposes.
Further consideration of the amendment offered by Mr. Corbett of Atkinson, and others, was resumed:

On the Corbett amendment, Mr. Lanham of Floyd moved the previous question.
On the motion for the previous question, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Me~srs.:

Aiken Allen AllisoP. OJ: Gwinnett Almand

Atkinson Beck Bennett of Clarke Blackshear

Bloodworth Boyd of Greene Branch Brooks of Jackson

THURSDAY, MARCH 16, 1939

1473

Bynum Carmichael of Cobb Carrington Cheney Clark Clary Claxton Clements of Calhoun Conner Corbett Curry Daughtry Davidson Davis of Floyd Dockery Drake
Ennis, J. H.
Ennis, Marion Etheridge of Fulton Etheridge of Houston Forrester of Dade Foster Gaines Goddard Goolsby Gowen Graham

Grayson
Greene Grice Griffin Gross of Stephens Gross of Washington Harrison of Crawford Harrison of Jenkins Harvey Hatchett Henderson Herndon Holtzendorff Jackson Johnson .Tones of Richmond Kaigler
Kennedy Key Lanham Lanier Looper Mankin Marshall Mason McDaniel McNall

Those voting in the negative were Messrs.:

Allison of White Barlow Barrett Bell Bennett of Ware Blease Boyd of Cook Bray Bruce Carmichael of Butts Clements of Wheeler Connell Davis of Coweta Dickerson Drinkard Edwards of Lowndes Edwards of Taylor English

Evans of McDuffie Ferguson of Camden Ferguson of Sumter Ford Forrester of Crisp Franklin of Bulloch Guyton Harden Hill Hirson Howard Jones of Brantley Jones of Paulding Maxwell McBride Middleton Mills Parham

Merritt Miller Moore of Lumpkin Moore of Taliaferro Morgan Parker Pharr Pierce Preston Purdy Reid Rountree Sapp Saunders Scott Stiles Swindle Terrell Thigpen of Glascock Trippe Vickery Warren Whipple Whitaker Wiggins Williams of Ware Yawn
Ragan Rawlins Roughton Sabados Sams Sanders Sartain Smiley Strickland of Haralson Summerour Sumner Thornton Tipton Tomlinson Wohlwender Yeomans

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JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Ansley Binion Brooks of Oglethorpe Bush Campbell Candler Carter Chappell Clements of Marion Cobb Coogler Cook Culpepper of Fayette Culpepper of Mitchell Dallis Dean DeFoor Douglass Easley Elliott

Etheridge of Baker Evans of Laurens Flanders Fowler of Douglas Fowler of Treutlen Franklin of Polk Gavin Gill Grant Hardman Hayes
Joel Kelley Kendrick Kimbrough King Lewis Lovett McCracken McGraw

Mosely Moss Pannell Pilcher Rees Rogers Rossee Simmons Smith of Henry Smith of Schley Strickland of Pierce Tate Thigpen of Evans Tippins Turner Wages Wells Williams of Bacon Wright

By unanimous consent, the roll call was verified.

On the motion for the previous question, the ayes were 93, the nays 52.

The motion prevailed.
The main question was ordered.
The following amendment to the Corbett amendment to House Bill No. 799 was read and adopted:
Culpepper of Fayette amends Corbett amendment for House Bill No. 799 as follows:
Amend Section 13, Paragraph (b) 1 by changing the period at the end of said Paragraph to a semi-colon and adding the follawing:
"and including the furnishing to a consumer, for a consideration, of the service or services and facilities of public utilities and public service corporations, as provided in Section 15 of this Act." Provided, however, that this Section shall apply only to these utilities and corporations under the Public Service Commission.
Amend Section 15 by adding, after the word "Georgia" in Line 11 of said Section, Page 5, the following:

"provided, however, that the tax herein levied shall not apply to transactions 111 interstate and foreign commerce,"

THURSDAY, MARCH 16, 1939

1475

Amend Section 18 by adding after the word "dealer" in the first line of said Section, Page 6, the words
"or seller"
Amend Section 19 (a), Page 7, by adding after the word "dealer" in the r,econd line of said Section the words
"or seller"
Amend Section 18 (b), Page 7, by adding :o.fter the word "dealers" in the first line, the words
"or sellers"
Amend Section 18 (b), Page 7, by adding after the word "dealer" m Line 8, and after the word "dealer" in Line 12, the words
"or seller"
The following amendment to the Corbett amendment to House Bill No. 799, was read:
Evans of McDuffie, Drinkard of Lincoln, Rawlins of Telfair, Lovett of Laurens, Summerour of Bartow, Culpepper of Fayette, Elliott of Muscogee, Wohlwender of Muscogee, Forrester of Crisp, English of Lamar, Parham of Heard, Edwards of Lowndes, Connell of Lowndes, Carmichael of Cobb, Jones of Brantley, McBride of Montgomery move to amend the amendment by Corbett of Atkinson and others to House Bill No. 799, 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 the tax mentioned in this Act shall not be collected until a referendum shall be held in the manner hereinafter prescribed, and unless a majority of those voting therein shall vote in favor of said tax. Said referendum shall be held within fifteen (l 5) days from time when this bill becomes law, throughout the entire State of Georgia, under the rules governing general elections, and to be held in every county of the State. The expense of said election shall be borne by the State, and the ballots shall be provided by the Governor and furnished to the Ordinaries of the various counties at least two days before said election. The various Ordinaries shall be empowered to appoint election managers in the precincts of his county. The Governor is hereby authorized to advertise said election in such daily and weekly newspapers as he deems proper, fixing the date thereof within the IS-day limit above provided for.
The ballots shall have printed thereon the words "For Temporary Sales Tax" and the words, "Against Temporary Sales Tax." The ballots which have the words "For Temporary Sales Tax" stricken out, erased or marked through shall be counted as against said tax, and those ballots which have the words, "Against Temporary Sales Tax" stricken out, erased, or marked through shall be counted as in favor of said tax.
The returns from the various counties shall be forwarded to the Secretary of

1476

JOURNAL OF THE HOUSE,

State within two days from the holding of said election and by the Secretary of State consolidated and the total final returns certified to the Governor by the Secretary of State within five days from holding of said election. If a majority of all who vote in said election cast their ballots in favor of said tax, said tax shall be collected; otherwise it shall not be collected. Those who were qualified to vote in the general election held in Georgia in November, 1938, shall be qualified to vote in this election and no others. It is hereby declared to he the intention of the General Assembly in enacting this law that no tax shall he collected under this Act until a majority of those voting in an election shall have voted for such tax."

On the adoption of the amendment by Mr. Evans of McDuffie, and others, Mr. Wohlwender 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.:

Barlow Barrett Bennett of Clarke Binion Blease Boyd of Cook Bray Bruce Campbell Candler Carmichael of Butts Carmichael of Cobb Clary Connell Cook Culpepper of Fayette Davidson Davis of Coweta DeFoor Drinkard Edwards of Lowndes Edwards of Taylor Elliott English Etheridge of Baker Etheridge of Fulton
Evans of Laurens

Evans of McDuffie Ferguson of Camden Ferguson of Sumter Ford Forrester of Crisp Franklin of Bulloch Franklin of Polk Gavin Gill Goddard Goolsby Gowen Guyton Harden Hill Hinson Howard Jones of Brantley Jones of Paulding Kendrick Kennedy King Looper Lovett Maxwell McBride Middleton

Mills Morgan Mosely Pannell Parham Parker Pilcher Ragan Rawlins Roughton Sams Sanders Sartain Smiley Smith of Schley Strickland of Haralson Strickland of Pierce Summerour Sumner Thornton Tippins Tomlinson Turner Wells Williams of Bacon Wohlwender Yeomans

Those voting in the negative were Messrs.:

Aiken Allen

Allison of Gwinnett Allison of White

Almand Atkinson

THURSDAY, MARCH 16, 1939

1477

Beck Bell Bennett of Ware Blackshear Bloodworth Boyd of Greene Branch Brooks of Jackson Bush Bynum Carrington Carter Chappell Cheney Clark Claxton Clements of Calhoun Clements of Wheeler Conner Corbett Culpepper of Mitchell Curry Dallis Daughtry Davis of Floyd Dean Dickerson Dockery Drake Ennis, J. H. Ennis, Marion Etheridge of Houston Flanders Forrester of Dade

Foster Fowler of Douglas Fowler of Treutlen Gaines Graham Grayson Greene Grice Griffin Gross of Stephens Gross of Washington Harrison of Crawford Harrison of Jenkins Harvey Hatchett Hayes Henderson Herndon Holtzendorff Jackson Joel Johnson ] ones of Richmond Kaigler Kelley Key
Kimbrough Lanham Lanier Mankin Marshall Mason McCracken McDaniel

McGraw McNall Merritt Miller Moore of Lumpkin Moore of Taliaferro Pharr Pierce Preston Purdy Reid Rogers Rossee Rountree Sabados Sapp Saunders
Scott Stiles Swindle Terrell Thigpen of Evans Thigpen of Glascock Tipton Trippe Vickery
Warren Whipple Whitaker Wiggins Williams of Ware Yawn

Those not voting were Messrs.:

Ansley Brooks of Oglethorpe Clements of Marion Cobb Coogler Douglass

Easley Grant Hardman Lewis Moss Rees

Simmons Smith of Henry Tate Wages Wright

By unanimous consent, the roll call was verified.

On the adoption of the amendment, the ayes were 81, the nays 106, and the amendment was lost.

1478

JOURNAL OF THE HOUSE,

An amendmennt offered by Mr. Cheney of Cobb was read and lost.
The following amendmt;nt to the Corbett amendment was read and adopted: Corbett of Atkinson moves to amend amendment to House Bill No. 799, Section 32, by striking therefrom the figure Five (5%) Percent and inserting in lieu thereof the figure Three (3% ) Percent wherever same may appear in said Section.
And further amends said substitute by adding a new section to be numbered 32 (a), and to read as follows:
Be it further enacted by the authority aforesaid, that the dealer as herein defined, who shall collect said tax, or such other person collecting said tax for and in behalf of the State as herein provided, shall be allowed Two (2%) Percent of the total revenue collected by said dealer for the collection of said tax and said dealer or such other person collecting said tax be, and he is hereby authorized to deduct said Two (2%) Percent aforesaid before remitting said tax to the State Revenue Commissioner, as provided herein.
And to amend the caption accordingly.
The following amendment offered by Mr. Boyd of Cook to House Bill No. 799, was read:
A BILL
To be entitled an Act to amend the General Tax Act of 1937 by adding thereto a new section to read as follows:
An Act to amend an Act entitled "Intangibles-Classification," approved December 27, 1937, Georgia Laws Extra Session 1937-38, Pages 156-170, by striking Section 11 of the Act which deals with question of distribution of revenues and substituting in lieu thereof a new section to be known as Section 11 which shall provide for the collection of all intangible taxes by the State Revenue Commissioner, and further that all monies so collected shall be deposited in the general fund of the State Treasury; and by striking Section 7 of the Act which provides for the exemption of stock in corporations organized under the Laws of the State of Georgia and substituting in lieu thereof a new section to be known as Section 7 which shall require the payment of the tax on stock in corporations organized under the laws of the State of Georgia; by adding a sub-section to Section 7 to be known as Section 7 (a) providing that all intangible property held in trust in another state for a resident of this State shall be subject to the provisions of this Act; by amending Section 3 (a) of the Act by striking the words and figures "ten cents ($0.10)" and substituting in lieu thereof the words and figures "one dollar ($1.00)"; by amending Section 3 ( aa) by striking the words and figures "one dollar and fifty cents ($1.50)" and substituting in lieu thereof the words and figures "three dollars ($3.00) ;" by amending Section 3 (b) by striking the words and figures "three dollars ($3.00)" and substituting in lieu thereof the words and figures ''five dollars ($5.00) ;" and for other purposes.

THURSDAY, MARCH 16, 1939

1479

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAME:
SECTION l. That Section 11 of the Act entitled "Intangibles-Classification" (found on Pages 156 to 170 of Georgia Laws Extra Session 1937-38) oe amended by striking said Section 11 which deals with the distribution of revenue and all sub-sections thereunder and substituting in lieu thereof the following:
"Section 11. The Revenue Commissioner is hereby authorized to collect, and enforce the collection of all intangible taxes due the State of Georgia, and all monies so collected by the Revenue Commissioner shall be deposited in the general fund of the State Treasury."
SECTION 2. Be it further enacted by the authority aforesaid that Section 7 of the Act be stricken and a new section substituted in lieu thereof to read as follows:
"Section 7. Intangible personal property owned, 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. Nothing in this Act shall be construed to apply to shares of banks or banking associations, 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. The stock of all corporations, whether organized and chartered under the Laws of Georgia, or organized and chartered under the laws of another state and domesticated in Georgia are hereby made subject to the tax imposed under the provisions of this law. 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 per!>onal property to the tax under this Act."
SECTION 3. Be it further enacted by the authority aforesaid that a new sub-section be added to Section 7, to be known as Sectiori 7 (a), to read as follows:
"Section 7. (a) All intangible property that is held in trust in another state for a person who is a resident ot this State is hereby made subject to the provisions of this Act and taxable accordingly."
SECTION 4. Be it further enacted by the authority aforesaid that Section
3 (a) of the Act be amended by striking the words and figures "ten cents ($0. iO) ''
and substituting in lieu thereof the words and figures "one dollar ($1.00)" so that said Section when amended shall read as follows:

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JOURNAL OF THE HOUSE,

"Section 3. (a) A property tax is hereby levied for the year 1939 and annually thereafter at the rate of one dollar ($1.00) on each one thousand dollars ($1,000) of the fair market value of all money averaged as of the first day of July, October, January and April, without deduction of any indebtedness or liability of the taxpayer."
SECTION 5. Be it further enacted by the authority aforesaid that Section 3 (aa) of the Act be amended by striking the words and figures ''one dollar and fifty cents ($1.50)" and substituting in lieu thereof the words and figures "three dollars ($3.00)" so that said Section when amended shall read as follows:
"Section 3. (aa) A property tax is hereby levied for the year 1939 and annually thereafter at the rate of three dollars ($3.00) on each one thousand ($1,000.00) dollars, of the fair market value of all notes or other obligations insured by the Federal Housing Administration 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 of homes, as of the average of the first day of July, October, January and April.
SECTION 6. Be it further enacted by the authority aforesaid that Section 3 (b) of the Act be amended by striking the words and figures ''three dollars ($3.00)" and substituting in lieu thereof the words and figures "five dollars ($5.00)" so that said Section when amended shall read as follows:
Section 3. (b) A property tax is also hereby levied for the year 1939 and annually thereafter at the rate of five dollars ($5.00) on each one thousand dollars ($1,000) of the fair markt-t value of all other intangiblepersonal property as of the average of the first day of July, October, January and April (than that subject to tax under Sub-section (a) and (aa)), 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."
SECTION 7. Be it further enacted by the authority aforesaid that all Clerks of Superior Courts of this State be required to make a monthly report to the Department of Revenue of all notes and mortgages recorded in their respective counties.
SECTION 8. Be it further enacted by the authority aforesaid that all laws and parts in conflict with this Act be and the same are hereby repealed.
The following amendment offered by Strickland of Haralson, Forrester of Crisp, McBride of Montgomery and Tippins of Wilcox, to House Bill No. 799, was read:

THURSDAY, MARCH 16, 1939

1481

A BILL
To be entitled an Act to amend the Generai Tax Act of 1935 by adding a new section, to-wit, as follows:

An Act to be known as the "Luxury or Non-essentials Tax Act," to define luxuries or non-essentials as those commodities and services hereinafter enumerated, the use of which is a luxury and is non-essential as a necessity for life, and to provide for the levy and collection of a tax on the sale and use of luxuries and to provide for the levy and collection of a tax on non-essentials hereinafter enumerated and defined; to provide for the method of collecting th~ tax levied under this Act; to provide against evasion of the taxes herein imposed; to provide for rules and regulations for the enforcement of the provisions of this Act and for the collection of the taxes levied thereby; to provide for penalties and for seizure, forfeiture and the sale of contraband goods or articles held, owned or possessed in violation of this Act, and for the filing, trial and settlement of claims respecting the same; to appropriate the revenue collected from this Act; and for other purposes.

Be it enacted by the General Assembly of the State of Georgia and it is hereby

enacted by the authority of same.



SECTION I
That luxuries or non-essentials taxed by this Act are hereby defined as follows:
LUXURIES:
(a) Bottled Drinks. The words "bottled drinks" for the purpose of this Act shall be defined and includes any and all beverages, either carbonated or not, such as soda water, Nu-grape, Coca-Cola, Lime Cola, Pepsi-Cola, Dr. Pepper, Ne-hi, Royal Crown Cola, Double Cola, bottled carbonated water, ginger ales, or any . and all bottled preparations commonly referred to as soft drinks of whatsoever kind and description. Soft drinks are further defined to include any and all beverages commonly referred to as soft drinks which are manufactured without the use of any syrup. Provided that the provisions of this Act shall not apply to unadulterated vegetable or fruit juices in original state, or to raw milk, unmixed and . .in its original state.
(b) Syrup or syrups. The words "syrup or syrups" shall be defined for the purpose of this Act as being the compound mixture or basis ingredients used in the making, mixing or compounding of soft drinks at soda fountains by mixing the same with carbonated or plain water, ice, fruit, milk or any other products suitable to make vendable soft drinks, among such syrups being coca cola syrup, chero cola syrup, lemon syrup, vanilla syrup, cherry smash syrup, nu-grape syrup, Dr. Pepper syrup, royal crown cola syrup, and all prepared syrups sold or used whether or nol similar to those enumerated herein, manufactured or sold for .the purpose ot making soft drinks at soda fountains.
NON-ESSENTIALS:

(c) Theaters, opera houses, motion picture shows, vaudevilles, amusement

1482

JOURNAL OF THE HOUSE,

parks, athletic contests (including wrestling and boxing), football games, baseball games, basketball games, tennis games, skating rinks, race tracks, golf courses, public dance halls, public bathing places, where an admission fee is charged and collected.
(d) The term "distributor" shall be defined for the purpose of this Act as including every person charged under this Act with the duty of paying tax or taxes herein imposed.
(e) The term "retailer" shall be defined for the purpose of this Act as one engaged as a merchant in selling personal property not intended for resale.
(f) The term "manufacturer" is defined for the purpose of this Act in the usual sense of a person who fabricates or compounds commodities in such way as to add to their value. It includes those who operate as bottlers.
SECTION 2.
There is hereby levied in addition to all other taxes of every kind now imposed by law which are not specifically repealed by this Act, upon every person, firm, corporation, club or association, within the State of Georgia, who sells and/or stores, and/or receives for the purpose of distribution to any person, firm, corporation, club or association within the State of Georgia, soft drinks, bottled carbonated or sparkling water and soft drink syrups, and non-essentials as defined in this Act, the following tax, to-wit:
(a) Bottled drinks containing plain or carbonated water and including all bottled carbonated or sparkling water-ten per cent ( 10%) ot the retail sale price thereof. Provided further that the tax herein levied shall not apply to any bottled drinks now taxed under the Malt Beverage Act.
(b) Syrup-seventy cents (70c) per gallon, and a like proportionate rate on more or less than a gallon.
(c) Theaters, opera houses, motion picture shows, vaudevilles, amusement parks, athletic contests (including wrestling and boxing), football games, baseball games, basketball games, tennis games, skating rinks, race tracks, golf courses, public dance halls, public bathing places where an admission fee is charged and collected, there is hereby levied a tax of Fifteen per cent (IS%) of the admission, or fee, charged and collected, which admission, or fee, shall be paid by the person purchasing such ticket or paying such admission, and the tax herein imposed shall be in addition to the fee, or admission charged and collected.
Provided, however, that this tax shall not apply to those charges, fees or admission to, whether for the purpose of participating in or witnessing, any of the above amusements, contests or games, where said fees, charges or admissions are less than fifteen cents ( 15c) each; and in the event any of such charges, fees or admissions are fifteen cents (15c) or more, said tax is hereby imposed upon each such charge, fee and admission in its entirety; and provided further that this tax shall not apply to amusements, entertainments or games given or produced by grammar schools, high schools and churches or other civic organizations when such amusements or

THURSDAY, MARCH 16, 1939

1483

entertainments are produced entirely by local talent, and all the proceeds of which shall inure to the benefit of any such grammar schools, high schools, churches and civic organizations sponsoring any such entertainment or amusement; nor to student tickets to any such amusements or games as specified in this paragraph, but it shall apply to charges and admissions to games, amusements and contests within the UniVt'rsity System (other than student tickets) and the authorities of such institutions are hereby required to account for and pay to the State Revenue Commissioner the twenty per cent (20%) tax herein levied and imposed.
The above amounts as levied for taxes hereunder shall be collected in the method as defined hereinafter.
SECTION 3.
Every person recetvmg any payment for admissions taxable as non-essentials under this Act shall collect the amount of tax imposed by this Act from the person making such payments.
The taxes imposed hereunder shall be due and payable to the Commissioner of Revenue, State of Georgia, or a successor authority in weekly installments and remittance therefor shall be made on the last day of each week in which the taxes are collected or accrued.
The person receiving any payment for admissions on or before said last day of said week, shall make out a return upon such forms and setting forth such information as the Commissioner of Revenue may require showing the amount of tax upon admissions for which he is liable for the preceding weekly period, which report, or return, shall be verified on oath, and the same shall be transmitted to the Commissioner of Revenue without delay together with a remittance for the tax due.
The Commissioner of Revenue shall have the right and may audit the records, books and accounts of such person as often as in the discretion of the Commissioner of Revenue may be necessary to insure the collection and payment of all tax levied and due, as herein set out.
SECTION 4.
Any person, or persons, firm or corporation evading any tax herein levied on non-essentials or attempting to evade any such tax by making any false statement or report or failing to file reports at the time required by this Act shall be subject to having assessed against him or it a penalty equal to 100% of the tax due; such penalty to be collected by the issuance of an execution against such person, firm or corporation and to be levied as other executions issued by the Commissioner of Revenue in the same manner as executions are levied for taxes due under the General Tax Act.
SECTION 5.
The administration of this Act is vested in the Commissioner of Revenue and any department succeeding the Commissioner of Revenue which may be established by law.

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JOURNAL OF THE HOUSE,

(a) The Commissioner of Revenue or its successors is hereby authorized to prescribe forms and promulgate rules and regulations needed for the enforcement of this Act.
(b) The Commissioner of Revenue or any representative appointed by him is hereby authorized to examine the books, records, papers, files, equipment and/or inyentory, of any distributor or retailer pertaining to sales, and/or receipts made taxable by this Act, to examine witnesses under oath for the purpose of verifying returns made under and by virtue of this Act; and for other purposes involving enforcement of this Act; and to examine the books, records, papers, files, equipment, and/or inventory of manufacturers, jobbers, retailers, or carriers for the purpose of ascertaining whether the Act is being violated.
(c) Any information obtained by the Commissioner of Revenue or any of hi~ authorized agents, as a result of the reports, investigations or verifications, herein authorized or required to be made, shall be confidential as respecting the business of any person, and any person divulging such information except on the order of a court of competent jurisdiction, or to an officer of the State of Georgia, entitled to receive the same in his official capacity shall be fined not exceeding five hundred ($500.00) dollars.
(d) The Commissioner of Revenue is hereby authorized and directed to prescribe the forms of stamps and caps or crowns herein required to be used. They shall be stamps and crowns carrying the design prescribed, prepared for sale in such a manner as it may deem proper. Such stamps shall be sold at their face value, the crowns or caps shall be provided at the cost of the manufacture, plus transportation charges, plus stamp tax value.
Be it provided, however, that the Commissioner of Revenue in his discretion may permit said distributor on the furnishing of a bond deemed good and sufficient by the Commissioner of Revenue, in the amount in no event less than twice the average monthly tax paid such distributor with corporate surety authorized to do business in Georgia, to purchase such stamps and/or crowns or caps on credit not more than thirty days.
(e) The Commissioner of Revenue shall keep a suitable record of the sale of all stainps and crowns which shall show the dates of sales thereof and the names of the purchasers.
SECTION 6.
Whoever, removes, washes, restores, alters, or otherwise prepares stamp or crown with intent to use, or cause to be used, after it has already been used, or whoever knowingly or wilfully buys, sells, offers for sale or gives away such washed, restored, or altered stamp or crown, to any person, or knowingly uses the same, or has in his possession any washed, restored, or altered stamps which have been removed from commodities to which they have been previously affixed, or whoever, for the .purpose of indicating payment of any tax herein imposed, uses again any stamp or crown that has heretofore been used, for the purpose of denoting th..:

THURSDAY, MARCH 16, 1939

1485

payment of the tax provided in this Act, or whoever prepares, buys, sells or offers for sale, or knowingly has in his possession any counterfeit stamps or crowns, is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than one thousand ($1,000.00) dollars or by imprisonment for not more than one {1) year or by both methods.
(a) Counterfeit Stamps. That whoever manufactures, buys, sells, offers for sale, or has in his or its possession any reproduction or counterfeit of the Georgia Revenue Stamps provided for in this Act, is guilty of a felony, and, upon conviction, shall be punished by imprisonment in the penitentiary for not less than a year and a day, nor more than ten ( 10) years, and in addition, may be fined not less than two thousand ($2,000.00) dollars, nor more than ten thousand ($10,000.00) dollars.
SECTION 7.
No person shall sell, give or lend any stamps or crowns, nor shall any person purchase, accept, receive or borrow any stamps or crowns from any person; it being the intent thereof, in order to prevent fraud and insure collection of the taxes due, to limit all sales and transfers of such stamps or crowns to the Commissioner of Revenue or its authorized representative.
SECTION 8.
It is the intent and purpose of this Act to impose the tax levied herein once only upon the sale of the same commodities made taxable hereunder. Any commodity, on account of the sale of which the tax has been paid, shall not occasion payment of a second or other tax regardless of the number of times the commodity may be sold in this State.
SECTION 9.
Every manufacturer and/or distributor is hereby required to preserve written records of sales and/or receipts made taxable hy this Act in such form as the Commissioner of Revenue may prescribe to keep invoices of commodities purchased, which are taxable hereunder and to maintain such other records and to submit such reports as the Commissioner of Revenue may require for the enforcement of this Act.
If commodities taxed hereunder, the sale of which is made taxable by this Act, are distributed or sold into another State, the Commissioner of Revenue may dispense with stamps or crowns or make appropriate regulations prescribing some other means whereby the tax may not be payable.
SECTION 10.
The tax imposed herein upon syrups shall be paid by affixing stamps in the manner and at times herein set forth. The tax imposed herein upon the sale of bottled or soft drinks as herein defined shall be paid by a tax paid crown for the purpose of showing that such tax has been paid. Said stamps and/or crowns shall be affixed according to the rules and regulations of the Commissioner of Revenue to make this Act effective.



1486

JOURNAL OF THE HOUSE,

(a) All syrups shall be stamped within twenty-four (24) hours of the time such manufactured articles are packed or imported into the State, and before the same shall be sold or offered for sale, affixed to each individual barrel, box, bottle, package, or other container whether or not enumerated herein, a stamp in such denomination as to show the payment of the tax herein levied. The stamp or stamps shall be so affixed that the barrel, box, bottle, package, or container can not be opened by the ordinary process without breaking or tearing such stamp or destroying said barrel, box, bottle, package or other container, and it shall be so affixed as to require the continued application of steam or water to remove it without opening the said barrel, box, bottle, package, or other container.
(b) All bottled drinks which are taxed under the provisions of this Act and are manufactured, bottled, or imported for sale in this State shall be stamped within twenty-four (24) hours of the time such drinks are manufactured, bottled, or imported and before the said drinks are sold or offered for sale, by affixing to each individual bottle a crown or cap provided by th~ Commissioner of Revenue for the purpose in such denominations as to denote payment of the tax herein levied. Be it provided, however, that the person required !Jy this Act to affix crowns or caps to such containers shall be allowed a discount of two (2) per cent of the amount of the tax to cover breakage and leakage.
(c) Whoever makes use of any stamp or stamps to denote any tax imposed by this Act without cancelling such stamp by writing or stamping across the face of each stamp the registered number of such wholesaler, distributor or retailer (said number to be furnished by the Commissioner of Revenue shall be guilty of a misdemeanor and if convicted shall pay a fine of lOt more than one hundred ($100.00) dollars or be put in prison for not more than thirty days for each offense.

SECTION 11.
Any bottled or soft drinks, any syrups or other products taxable under this Act found at any point within the State of Georgia which under this Act shall have been within the State of Georgia for a period of two (2) hours, or longer, in the possession of any retailer or semi-jobber, or for a period of forty-eight (48) hours, or longer in the possession of any manufacturer, wholesaler or jobber not having affixed to the barrel, box, bottle, package, or other container the stamps or crowns as above provided, are herewith declared to be contraband goods and the same may be seized by the Commissioner of Revenue or his agent and/or by any peace officer of the Stae of Georgia, without a warrant and the said goods shall be delivered to the Commissioner of Revenue for sale at public auction to the highest bidder after due advertisement, by the Commissioner of Revenue before delivering any said goods so seized shall require the purchaser to affix the proper amount of stamps or crowns to the individual package as above described. The proceeds of sale for any goods hereunder shall be turned over to the State Treasury by the Commissioner of Revenue as other funds collected by said Commissioner of Revenue. Provided, that the cost of confiscation and sale shall be paid out of the proceeds derived from such sales before making remittance to the State Treasury. Provided, further that any of the goods, wares, or merchandise, herein enumerated and all such goods, wares,

THURSDAY, MARCH 16, 1939

1487

and merchandise when ordered for sale, wheth<!r at wholesale or retail without the stamps and crowns having first been affixed, shall be subject to confiscation as herein provided. Provided, further, should any unstamped goods, wares, or merchandise as herein enumerated and defined, without tax paid crowns be found in any vehicle which is engaged in the sale, distribution or delivery of the articles herein enumerated the same shall be prima facie evidence that it or they were there for sale.
SECTION 12.
In all cases of seizure of any goods, wares, merchandise or other property hereafter made as being subject to forfeiture under provisions of this Act which in the opinion of the officer, or person making the seizure, are of the appraised value of fifty ($50.00) dollars, or more, the said officer or person shall proceed as follows:
(a) He shall cause a list containing a particular description of the goods, wares, merchandise, or other property seized to be prepared in duplicate and appraisement thereof to be made by three swom appraisers, to be selected by him, who shall be respected and disinterested citizens of the State of Georgia, residing within the county wherein the seizure was made. Said list and appraisement shall be properly attested by said officer or persons, and said appraisers, for which service each of said appraisers shall be allowed the sum of ($1.00) one dollar per day, not exceeding two (2) days, to be paid by the Commissioner of Revenue out of any revenue received by it from the sale of the confiscated g:oods or the compromise which may be effected.
(b) If the said goods are delivered by the officer making the ~eizure to be of value of less than fifty ($50.00) dollars, no appraisement shall be made. The said officer, or person, shall proceed to post a notice for three ( 3) weeks, in writing at three (3) places in the county where the seizure was made, describing the articles and stating the time and place and cause of their seizure and requiring any person claiming them to appear and make such claim' in writing within thirty (30) days from the date of the first posting of such notice.
(c) Any person claiming the said goods, wares, or merchandise, or other property so seized as contraband within the time ;pecified in the notice, may file with the Commissioner of Revenue a claim in writing, stating his interest in the article seized, and may execute a bond to the Commissioner of Revenue in a penal sum equal to double the value of said goods so seized, but in no case shall said bond be less than the sum of two hundred ($200.00) dollars, with sureties to be approved by the Clerk of the Superior Court in the county in which the goods are seized, conditioned that in the case of condemnation of the articles so seized, the obligors shall pay to the Commissioner of Revenue the full value of the goods so seized and all cost and expense of the proceedings to obtain such condemnation, including a reasonable attorney's fee. And upon delivery of such bond to the Commissioner of Revenue it shall transmit the same with the duplicate list or description of the goods seized to the solicitor of the circuit in which such seizure was made, and the said solicitor shall file a bill in the Superior Court in equity of the county where the

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seizure was made to secure the forfeiture of said goods, wares, merchandise, or other property.
Upon the filing of the bonds aforesaid, the said goods shall he delivered to the claimant pending the outcome of said case: Provided, however, said goods must have the proper stamps affixed to each such article as herein enumerated before turning same over to claimant. The stamps so affixed to be paid for by claimant when goods properly stamped are delivered by the Commissioner of Revenue.
(d) If no claim is interposed and no bond given within the time above specified, such goods, wares, merchandise, or other property shall be forfeited without further proceedings and the same shall be sold, as herein provided. And the proceeds of sale when received by the Commissioner of Revenue shall be turned into the State Treasury as other revenues are required by law to be turned in: Provided, that in seizure in quantities of less value than fifty ($50.00) dollars, the same may be advertised with other quantities in Atlanta, Georgia, by the Commissioner of Revenue and disposed of as hereinabove described. The proceedings against goods, wares, merchandise, or other property, pursuant to the provisions of this Act shall be considered as proceedings in rem unless otherwise provided herein. Provided, however, should the Commissioner of Revenue have to resort to the Courts for collection of the tax due and assessed, no advertisement shall be made and the confiscated articles enumerated herein may be held as evidence pending the results of Court action.
SECTION 13.
The Commissioner of Revenue may in his discretion return any goods, confiscated under this Act or any part thereof, when it is shown that there was no intention to violate the provisions of this Act. Provided, when any goods, merchandise, or other property, are confiscated under the provisions of this Act, the Commissioner of Revenue, in his discretion, may return such goods to the parties from whom they are confiscated if and when such parties shall pay to the Commisioner of Revenue, or his duly authorized representatives, an amount equal to the tax due under this Act on the goods confiscated, and in such cases no advertisement shall be made or notices posted in connection with said confiscation.
The Commissioner of Revenue may promulgate rules and regulations governing the stamping of any articles or commodities enumerated herein handled by persons, firms, or corporations operating on interstate common carriers.
Any rules and regulations of the Commissioner of Revenue, when duly made and promulgated, shall have the full force and effect of law. Any person when violating such rules, when duly made and promulgated, shall be guilty of a misdemeanor and shall upon conviction he fined not less than fifty ($50.00) dollars, and not more than one hundred ($100.00) dollars for each offense.
SECTION 14.
It shall be provided by regulations of the Commissioner of Revenue the methods of breaking packages, forms and kind of containers and methods of affixing

THURSDAY, MARCH 16, 1939

1489

~tamps that shall be employed by persons, firms or corporations and subject to the tax imposed by this Act which will make possible the enforcement of payment of inspection and any person, firm or corporation subject to this tax, engaging in or permitting such practices as are prohibited by regulations of the Commissioner of Revenue or in any other practice which makes it difficult to enforce the provisions of this Act by inspection, or if any person, firm or corporation, agent or officer thereof, who shall upon demand of the Commissioner of Revenue, any officer, or agent of the Commissioner of Revenue, refuse to allow full inspection of the premises or my part thereof, or who shall hinder or in anywise delay or prevent such inspections when demand is made thereof, or in any way inrerferes with any agent of the Com missioner of Revenue in the performance of his duty in enforcing this Act (confiscation of articles enumerated deemed by the agent of the Commissioner of Revenue to be contraband), is hereby declared to be one of the duties of any agent of the Commissioner of Revenue, shall be deemed to be guilty of a misdemeanor and shall, upon conviction, be fined not less than one hundred ($100.00) dollars, nor more than two hundred ($200.00) dollars for each offense, or imprisonment in the county jail for a period not exceeding ninety (90) days, or both, in the discretion of the Court.
SECTION 15.
It shall be the duty of every person, firm or corporation, club or association of persons receiving, storing, selling or handling articles as herein enumerated in any manner whatsoever, to keep and preserve all invoices. books, papers, cancelled checks or other memoranda touching the purchase, sale, exchange. or receipt of any and all articles as enumerated herein for a period of two (2) years. All such invoices, books, papers, cancelled checks or other memoranda shall be subject to audit and inspection by any duly authorized representative of the Commissioner of Revenue at any and all times. Any person, firm, corporation, club or association of persons who fails or refuses to keep and preserve the records as herein required, or who upon request by a duly authorized agent of the Commissioner of Revenue fails or refuses to allow an audit or inspection of records as hereinabove provided, shall be guilty of a misdemeanor and shall upon conviction be punished by a fine of not less than fifty ($50.00) dollars, nor more than two hundred ($200.00) dollars, or imprisonment in the county jail for a period not to exceed ninety (90} days for each offense.
SECTION 16.
Each and every wholesaler or jobber qualifying as such with the Commissioner of Revenue shall be required to file a report between the first and tenth of each month, covering the purchase and/or receipt by them of all articles as enumerated and defined herein, during the preceding month. Said report shall give in detail the different kinds and quantities of the articles enumerated herein so purchased and/or received by them during the preceding month. Any wholesaler or jobber failing or refusing to file the above report in the manner and time allowed shall be deemed a violator of this Section and upon conviction shall be tined not less than one hundred ($100.00) dollars, nor more than five hundred ($500.00) dollars, for each offense.

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SECTION 17.
The Commissioner of Revenue 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 Commissioner of Revenue, who sells stamps not affixed to the articles enumerated herein 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 13 of this Act. When wholesalers or jobbers have qualified as such with the Commissioner of Revenue as provided in this Act and desire to purchase stamps as prescribed herein for use on the taxable articles enlHllerated herein, sold and delivered by them, the Commissioner of Revenue shall allow on such sales of stamps for the articles herein enumerated, excepting crowns, the following:
On a sale of one hundred ($100.00) dollars or over and less than two hundred ($200.00) dollars, a discount of three (3%) per cent on the entire amount of the sale; on a sale of two hundred ($200.00) dollars or more, a discount of five (5%) per cent on the entire amount of the sale.
Every wholesaler or jobber purchasing stamps as described herein shall be required to make a full and complete accounting on or before the tenth of each month for all stamps used on taxable articles as enumerated herein during the preceding month. Every wholesaler or jobber refusing or failing to comply with this section shall forfeit the commission or discount on stamps purchased in the future.
SECTION 18.
Persons failing to properly affix the required stamps or tax paid crowns to any of the enumerated articles herein defined shall be required to pay as part of the tax imposed hereunder a penalty of noi: less than twenty-five ($25.00) dollars, nor more than five hundred ($500.00) dollars, to be assessed and collected by the Commissioner of Revenue, as other taxes are collected. And each article or commodity not having proper stamps affixed thereto as required herein shall be deemed a separate offense. Provided, that the articles enumerated herein in the place of business of any person required by the provisions of this Act to stamp the same shall be prima facie evidence that they are intended for sale. Provided, further, that if within ten ( 10) days and not thereafter after notification in writing by the Commissioner of Revenue, or its duly authorized agent, to the person, firm or corporation of its failure to properly affix the required stamps to any article or commodity, or within ten ( 10) days after written notification to him that he has sold any article or commodity requiring stamps without having the stamps properly attached thereto as required by this Act, the party charged or to be charged with such commission as herein provided shall have the right within said time, and not thereafter, to demand a trial of the issue before a court of competent jurisdiction in the manner now provided by law for the trial of civil actions or civil suits. The written notice herein required may be served by mail. When it is so served, the paper must be deposited in the postoffice addressed to the person on whom it is to be

THURSDAY, MARCH 16, 1939

1491

Jerved at his last known place of residence and the postage paid, and then ten ( 10) days herein provided shall begin to run from the date of mailing. Said notice may also be personally served by any agent of the Commissioner of Revenue, or any other person, by delivering the same to the person or corporation charged, or by leaving the same in the place of business of such person or corporation. Provided, further, that the Commissioner of Revenue upon good causes shown may in his discretion remit a part of the penalties above described herein, but in no case shall it accept less than the minimum penalty provided for such offense. Provided, further, that any judgment rendered in favor of the State in any civil action or suit shall be a first preferred lien for taxes upon all property of the taxpayer and in the event of nonpayment shall be filed in the office of the Clerk of Superior Court in the county where taken, and execution may be issued by the Commissioner of Revenue as now provided by law.
SECTION 19.
If any taxes or penalties imposed by this Act remain due and unpaid for a period of ten ( 10) days, the Commissioner of Revenue shall issue an execution directed to any sheriff of the State of Georgia commanding him to levy upon and sell the real and personal property of the taxpayer found within his county for the payment of the amount thereof, with penalties, if any, and the cost of levying the execution and to return such execution to the Commissioner of Revenue and to pay it the money collected by virtue thereof. Upon receipts of such execution, the sheriff shall file with the Clerk of Superior Court of his county a copy thereof, and thereupon the Clerk of the Superior Court shall enter the same upon the execution docket kept by him in the same manner as other executions are entered, and shall index the execution upon the index of judgments. The sheriff shall thereupon proceed upon the execution as in all other similar matters. The defendant named in any execution shall have the right to file an affidavit of illegality to the Court and same be tried in the same manner as other affidavits of illegality are now tried.
SECTION 20.
It shall be unlawful for any person, firm or corporation to rece1ve m this State any shipment of any of the articles taxed herein when the same are not stamped as required by this Act, and knowing the same to be not stamped, for the purpose and intention of violating the provisions of this Act, and to avoid payment of the taxes, such person, firm or corporation shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than twenty-five ($25.00) dollars or sentenced to jail for not less than thirty (30) days or more than sixty (60) days, either or both. Providt>d, that in the event this provision shall be declared unconstitutional by the Courts, it shall not affect the remaining sections or any other part or portion of this Act.
SECTION 21.
Any person, firm, corporation, club or association of persons who offer for sale or sell any of the articles enumerated herein which do not have affixed thereto stamps as required shall be guilty of a misdemeanor, and upon conviction shall be

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punished by a fine of not less than one hundred ($100.00) dollars and not more than five hundred ($500.00) dollars.

SECTION 22.

If any section, clause, provision or portion of this Act shall be held to be invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect any other section, clause provision, or portion of this Act which is not in and of itself unconstitutional. It is hereby declared to be the intention of the General Assembly that should any portion of this Act be declared unconstitutional, the remainder shall be in full force and effect, and that the General Assembly would have passed this Act without such invalid portion or provision.

SECTION 23.

The funds derived from this Act are hereby allocated as follows:

Five per cent (5%) of the gross revenue received from said tax is appropriated to the Commissioner of Revenue for the purpose of enforcing the provisions of this Act. The remaining ninety-five per cent (95%) of tbe revenue collected from the taxes herein imposed shall be a standing appropriation as follows: Thirty-three and one-third per cent (33 1-3%) appropriated to the counties of this State for the purpose of constructing and maintaining the public roads in each county. The amount to be paid to each county shall be determined as follows: In the same manner that the present gasoline tax is now distributed to each of the counties of the State except that the amount each county shall receive is to be determined by the total public road mileage in said county as determined by the State Highway Board and furnished to the State Treasurer; thirty-three and one-third per cent (33 1-3%) appropriated to the State Board of Education to be used to pay the salaries of the high school and grammar school teachers employed by the State to teach in the public school system; thirty-three and one-third per cef1t (33 1-3%) appropriated to the Department of Public Welfare to be used by said Department in paying pensions, aid to the blind, dependent and crippled children, and maintaining the eleemosynary institutions of the State.

SECTION 24.

All laws and parts of laws in conflict with this Act are hereby repealed:

On the adoption of the Corbett amendment to House Bill No. 799, Mr. Corbett of Atkinson 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.:

Aiken Allen Allison of Gwinnett Allison of White Almand Atkinson

Beck Bell Bennett of Clarke Bennett of Ware Boyd of Greene Branch

Bush Carrington Carter Chappell Cheney Clark

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1493

Claxton Conner Cook Corbett Culpepper of Mitchell Curry Daughtry Davis of Floyd Dean Dockery Drake Ennis, J. H. Ennis, Marion Etheridge of Houston Flanders Forrester of Dade Foster Fowler of Douglas Fowler of Treutlen Franklin of Bulloch Graham Grayson Greene Grice Griffin Gross of Stephens

Gross of Washington Harrison of Crawford Harrison of Jenkins Harvey Hatchett Hayes
Henderson Herndon Hill Holtzendorff Jackson Johnson Jones of Richmond Kaigler
Kelley Kennedy Key
Lanham Lanier . Lewis
Mason McGraw McNall Merritt Miller Moore of Lumpkin

Those voting in the negative were Messrs.:

Ansley Barlow Barrett Binion Blackshear Blease Bloodworth Boyd of Cook Brooks of Jackson Brooks of Oglethorpe Bruce Bynum Campbell Candler Carmichael of Butts Carmichael of Cobb Clary Clements of Marion

Clements of Wheeler Cobb Connell Culpepper of Fayette Dallis Davidson Davis of Coweta DeFoor
Dickerson Drinkard Edwards of Lowndes Edwards of Taylor Elliott English Etheridge of Baker Etheridge of Fulton Evans of McDuffie Ferguson of Camden

Moore of Taliaferro Pharr Pierce Preston Reid Rossee Rountree Sanders Sapp Sartain Saunders Scott Stiles Swindle Tate Terrell Thigpen of Evans Thigpen of Glascock Tipton Trippe Vickery Whipple
Whitaker Wiggins Williams of Ware Yawn
Ferguson of Sumter Ford Forrester of Crisp Franklin of Polk Gaines Gavin Gill Goddard Goolsby Gowen Guyton Harden Hinson Howard Joel Jones of Brantley Jones of Paulding Kendrick

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JOURNAL OF THE HOUSE,

Kimbrough King Looper Lovett Mankin Marshall Maxwell McBride McCracken McDaniel Middleton Mills Morgan Mosely Pannell

Parker Parham Pilcher Purdy Ragan Rawlins Rees Rogers Roughton Sabados Sams
Smiley Smith of Henry Smith of Schley Strickland of Haralson

Strickland of Pierce Summerour Sumner
Thornton Tippins Tomlinson Turner Warren Wells Williams of Bacon Wright Yeomans

Those not voting were Messrs.:

Bray Clements of Calhoun Coogler Douglass

Easley Evans of Laurens Grant Hardman

Moss Simmons Wages Wohlwender

By unanimous consent, the roll call was verified.

On the adoption of the amendment the ayes were 97, the nays 96.

The amendment was adopted.

On the adoption of the amendment offered by Mr. Forrester of Crisp, and others, the ayes were 33, the nays 81, and the amendment was lost.

On the adoption of the amendment offered by Mr. Boyd of Cook, the ayes were 15, the nays 94, and the amendment was lost.

On the adoption of the amendment by Mr. Clements of Wheeler, the ayes were 43, the nays 97, and 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.:

Aiken Allen Allison of Gwinnett Allison of White Almand Beck

Bell Bennett of Clarke Bennett of Ware Boyd of Greene Branch Bush

Carrington Carter Chappell Cheney Clark Claxton

THURSDAY, MARCH 16, 1939

1495

Conner Corbett Culpepper of Mitchell Curry Daughtry Davis of Floyd Dean Dockery Douglass Drake Ennis, J. H. Ennis, Marion Etheridge of Houston Forrester of Dade Foster Fowler of Douglas Fowler of Treutlen Graham Greene Grice Griffin Gross of Stephens Gross of Washington Harrison of Crawford

Harrison of Jenkins Harvey Hatchett Henderson Herndon Hill Holtzendorff Jackson Johnson Jones of Richmond Kelley Key
Lanham Lanier Lewis Mason McBride McGraw Merritt Miller Moore of Lumpkin Moore of Taliaferro Pharr Pierce

Those voting in the negative were Messrs.:

Ansley Atkinson Barlow Barrett Binion Blackshear Blease Bloodworth Boyd of Cook Bray Brooks of Jackson Brooks of Oglethorpe Bruce Bynum Campbell Candler Carmichael of Butts Carmichael of Cobb Clary Clements of Marion

Clements of Wheeler Cobb Connell Cook Culpepper of Fayette Dallis Davidson Davis of Coweta DeFoor Dickerson Drinkard Edwards of Lowndes Edwards of Taylor Elliott English Etheridge of Baker Etheridge of Fulton Evans of McDuffie Ferguson of Camden Ferguson of Sumter

Preston Reid Rossee Rountree Sanders Sapp Sartain Saunders Scott Stiles Swindle Tate Terrell Thigpen of Evans Thigpen of Glascock Tipton Trippe Vickery Whipple Whitaker Wiggins Williams of Ware Yawn
Ford Forrester of Crisp Franklin of Bulloch Franklin of Polk Gaines Gavin Gill Goddard Goolsby Gowen Grayson Guyton Harden Hayes Hinson Howard Joel Jones of Brantley Jones of Paulding Kendrick

14%

JOURNAL OF THE HOUSE,

Kennedy Kimbrough King Looper Lovett Mankin Marshall
Maxwell McCracken McDaniel McNall Middleton Mills Morgan Mosely

Pannell Parham Parker Pilcher Purdy Ragan Rawlins Rees Rogers Roughton Sabados Sams Smiley Smith of Henry Smith of Schley

Those not voting were Messrs.:

Clements of Calhoun Coogler Easley Evans of Laurens

Flanders Grant Hardman Kaigler

Strickland of Haralson Summerour Sumner Thornton Tippins Tomlinson Turner Warren Wells Williams of Bacon Wohlwender Wright Yeomans
Moss Simmons Strickland of Pierce Wages

By unanimous consent, verification of the roll call was dispensed with. On the passage of the bill, as amended, the ayes were 89, the nays 103. The bill having failed to receive the requisite constitutional majority was lost. Mr. Gross of Stephens moved that the House recess for one hour, and the motion prevailed.

The Speaker called the House to order~

3:10 o'clock, P. M.

By unanimous consent, the following bills of the Senate were read the first time and referred to the Committee:

By Senator Jordan of the 15th District_:_

Senate Bill No. 140. A bill to be entitled an Act proposing to the voters an amendment to Article 7, Section 2, Paragraph 2-A, of the Constitution, exempting industries engaged in the manufacture or processing of livestock, farm products, from taxation for a period of five years; and for other purposes.
Referred to Committee on Amendments to Constitution No. 1.
By Senators Brown of the 4th, Thrasher of the 27th and Brooks of the 8th Districts-
Senate Bill No. 179. A bill to be entitled an Act to amend Georgia Laws-

THURSDAY, MARCH 16, 1939

1497

Extra Session 1937-38, pp. 332-337, authorizing the Commissioner of Agriculture to promulgate rules and regulations in reference to the sanitation, distribution and transportation of fish and sea foods ; and for other purposes.
Referred to Committee on General Agriculture No. I.
By Senators Brown of the 4th, Thrasher of the 27th and Brooks of the 8th Districts-
Senate Bill No. 180. A bill to be entitled an Act to repeal Section 45-210 of the Code relating to license fees levied on commercial fishing boats, by providing for an additional license on aliens or non-residents; and for other purposes.
Referred to Committee on Game and Fish.
By Senator Thrasher of the 27th District-
Senate Bill No. 190. A bill to be entitled an Act to amend Section 45-801 of the Georgia Code of 1933, by requiring persons owning or leasing oyster beds in this State to register with the Tide Water Commission a private mark; and for other purposes.
Referred to Committee on Game and Fish.
By Senator Thrasher of the 27th District-
Senate Bill No. 198. A bill to be entitled an Act to amend Section 45-601 of the Code of 1933, by changing the open season during which shad may be taken from the waters of this State; and for other purposes.
Referred to Committee on Game and Fish.
By Senators Manning of the 39th and Spivey of the 16th Districts-
Senate Bill No. 210. A bill to be entitled an Act to amend Georgia Laws 1935, pp. 367-368 (an Act to promote Public Health, etc.), by prohibiting certain endurance contests; and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Senators Smith of the 24th and Lindsay of the 34th Districts-
Senate Bill No. 218. A bill to be entitled an Act establishing and creating a public corporation to be known as the Atlanta Produce Market Authority; and for other purposes.
Referred to Committee on General Agriculture No. I.
By Senator Redman of the 26th District-
Senate Bill No. 220. A bill to be entitled an Act to amend Section 77-341 of the Code relating to the commutation of term for good behavior of convicts by the Superintendent of the Penitentiary; and for other purposes.

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JOURNAL OF THE HOUSE,

Referred to Committee on Penitentiary.
By Senator Causey of the 46th District-
Senate Bill No. 222. A bill to be entitled an Act to authorize the Ordinary or other official or officials in charge of the fiscal affairs of the county to pay the premiums on surety company bonds of Tax Receivers, Tax Collectors and Tax Commissioners; and for other purposes.
Referred to Committee on Counties and County Matters.
By Senator Warnell of the 1st District-
Senate Bill No. 225. A bill to be entitled an Act to amend an Act entitled "Highway Mileage" (Georgia Laws 1929, pp. 260-268) so as to add to the TraylorNeill Map a road beginning at a point on State Route 67 near Statesboro, Georgia; and for other purposes.
Referred to Committee on Public Highway~ No. 1.
By Senator Jordan of the 15th District-
Senate Bill No. 227. A bill to be entitled an Act to abolish the offices of Tax Collector and Tax Receiver of Wheeler County; to create the office of Tax Commissioner; and for other purposes.
Referred to Committee on Counties and County Matters.
By Senator Estes of the 35th District-
Senate Bill No. 229. A bill to be entitled an Act to amend an Act entitled "Highway Mileage" by adding a road beginning at a point on State Route No. 155 at Panthersville, approximately five miles south of Decatur, and extending along historical route of the original Decatur to McDonough Stage Coach Route, to the Traylor-Neill Map; and for other purposes.
Referred to Committee on Public Highways No. 1.
By Senator Millican of the 52nd District--
Senate Bill No. 230. A bill to be entitled an Act to amend Code Section 92-3715 of 1933, as amended by the Act approved March 31, 1937, Pages 444-446, by striking the words "one and one-fourth mills" where the same occur in said Code section, as amended, and inserting in lieu thereof "three mills"; and for other purposes.
Referred to Committee on Counties and County Matters.
By Senator Lindsay of the 34th District-
Senate Bill No. 231. A bill to be entitled an Act to create in the State Welfare Department a Division of Deaf Mutes, to define the duties of said Division; and for other purposes.
Referred to Committee on Public Welfare.

THURSDAY, MARCH 16, 1939

1499

By Senator Warnell of the 1st District-
Senate Bill No. 232. A bill to be entitled an Act to amend the several Act3 relating to and incorporating the Town of Thunderbolt in Chatham County, so as to define and extend its corporate limits; and for other purposes.
Referred to Committee on Municipal Government.
The following bill of the House was taken up. for the purpose of. considering the Senate substitute thereto:
By Mr. Culpepper of Fayette-
House Bill No. 637. A bill to be entitled an Act to create a State Division of Confederate Pensions and Records; and for other purposes.
The following Senate substitute to House Bill No. 637 was read:
A BILL
To be entitled an Act to amend "The Welfare Reorganization Act of 1937" (Georgia Laws 1937, Pages 355-370), by striking and repealing Section 19 of said Act, which transfers the supervision of ex-Confederate soldiers and sailors and their dependents and the powers and duties with respect to the payment of pensions from the Director of the Veterans Service Office to the State Department of Public Welfare and the Director by striking and repealing said Section and inserting in lieu thereof a new section transferring and vesting such powers and duties in the State Revenue Commissioner; and for other purposes.
Be it enacted by the Gen~ral Assembly of Georgia:
SECTION 1. That Section 19 of the "Welfare Reorganization Act of 1937" (Georgia Laws 1937, Pages 355-370), which Section transfers the supervision of ex-Confederate soldiers and sailors znd dependents and the powers and duties of the Veterans Service Office and the Director of the Veter:tns Service Office to the State Department of Public Welfare and the Director of said Department be and the same is hereby repealed in its entirety.
SECTION 2. There is hereby enacted in lieu of said Section 19 the following new Section :
"Section 19. Transfer of Supervision of ex-Confederate soldiers and sailors and dependents. All of those duties which have heretofore devolved upon the Veterans Service Office and the Director of the Veterans Service Office under and by virtue of Title 78, Chapter 78-2, of the 1933 Code of Georgia, having to do with the administration of pensions to ex-Confederate soldiers and sailors and their dependents are hereby removed from the supervision and administration of the Veterans Service Office and are vested in the State Revenue Commissioner and hereafter all of those functions pertaining to such ex-Confederate soldiers and sailors and dependents as prescribed and laid down in Chapter 78-2 of the 1933 Code of Georgia

1500

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are hereby designated as a part of the duties of the State Department of Revenue, which Department is hereby vested with the responsibility of administering all of such functions. The State Revenue Commissioner is hereby substituted for the Director of the Veterans Service Office and Director of the State Department of Public Welfare in connection with the administration of the duties provided for in Chapter 78-2 of the 1933 Code of Georgia, and wherever a duty devolves upon the Ordinary of the respective counties of the State in said Chapter, such duty shall be performed by said Ordinary and not by any County Director of Public Welfare."
SECTION 3. All laws or parts of laws in conflict with this Act are hereby repealed.
Mr. Culpepper of Fayette moved that the House disagree to the Senate substitute and requested the appointment of a Committee of Conference thereon.
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. Harrison of Jenkins, Culpepper of Fayette and Grayson of Chatham.
The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules having had under consideration the fixing of a calendar have established as a special and continuing order of business the following:
( 1) House Bill No. 647. Divorce on United States Reservation in Georgia.
( 2) House Bill No. 342. Fulton Judgeship.
( 3) House Bill No. 219. Compulsory Education.
( 4) House Bill No. 446. Salary Reduction.
( 5) House Bill No. 625. Enlarge Powers of Trustees of G. M. C.
( 6) House Resolution No. 105-394 B. Relating to Confederate widows' pensions.
( 7) House Bill No. 635. To authorize the County of Bacon to issue refunding bonds.
( 9) House Bill No. 397. Statutory Foreclosure.
( 10) House Bill No. 690. Post Roads bills.
( 11) House Bill No. 449. Relating to sale of pawnees.
(12) House Bill No. 624. Relating to sale of land, Milledgeville.

THURSDAY, MARCH 16, 1939

1501

(13) House Bill No. 698. Relating to pay patients at Milledgeville. (14) House Bill No. 317. Relating to regulation of frozen desserts. (15) House Bill No. 258. Relating to Title Insurance. ( 16) House Bill No. 276. Junk Dealers. ( 17) House Resolution 132-497A. Local, Fulton County. (18) House Bill No. 480. Weights and Measures. (19) House Bill No. 275. Relating to interest and execution of poll taws. (20) House Bill No. 31. Rolling Stores. (21) House Bill No. 104. Rolling Stores. (22) House Bill No. 472. Local. (23) House Bill No. 352. Crab Bill. (24) House Bill No. 322. Local. (25) House Bill No. 407. Hog Cholera. (26) House Bill No. 261. Barbers.
The Speaker may call up local constitutional amendments at his discretion. Under the special and continuing order of business, established by the Committee on Rules, the following hills and resolutions of the House wrre ta'en up for consideration and read the third time:
By Mr. Almand of WaltonHouse Resolution No. 124-467A. A resoiution to designate State Highway
Route No. 10 from Athens, via Monroe and Stone l\1ountain, to Atlanta, Georgia, as "The Stone Mountain Memorial Highway".
The resolution was adopted. By unanimous consent, the resolution was ordered immediately transmitted to the Senate. By Mr. Kennedy of TattnallHouse Bill No. 322. A hill to he entitled an Act to authorize and empower the Governor of the State of Georgia to sell certain lands of Tattnall Prison Farm to County Board of Education of Tattnall 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 110, the nays 0. The hill having received the requisite constitutional majority was passed.

1502

JOURNAL OF THE HOUSE,

By unanimous consent, the bill was ordered immediately transmitted to the Senate.
By Mr. Pannell of Murray-
House Resolution No. 63-259D. A resolution directing the State Librarian to furnish certain volumes of the Georgia Reports and Georgia Appeals Reports to Murray 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 111, the nays 0.
The resolution having received the requisite constitutional majority was adopted.
By unanimous consent, the resolution was ordered immediately transmitted to the Senate.
By Mr. Cook of Chattooga-
House Resolution No. 64-259E. A resolution relieving Dr. W. B. Hair as surety on an appearance 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 116, the nays 2.
The resolution having received the requisite constitutional majority was adopted.
By unanimous consent, the resolution was ordered immediately transmitted to the Senate.
By Mr. Cook of Chattoga-
House Resolution No. 61-259B. A resolution relieving Dr. W. B. ij:air as surety on an appearance bond of L. N. Roberson; 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 1.
The resolution having received the requisite constitutional majority was adopted.
By unanimous consent, the resolution was ordered immediately transmitted to the Senate.
By Messrs. Looper of Dawson, Warren of Forsyth and Barrett of Cherokee-
House Bill No. 677. A bill to be entitled an Act to amend the Highway Mileage Act by adding a certain road in Dawson, Forsyth and Cherokee Counties; and for other purposes.

THURSDAY, MARCH 16, 1939

1503

The report 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 "';as passed.
By unanimous consent, the bill was ordered immediately transmitted to the Senate.
By Mr. Swindle of BerrienHouse Bill No. 414. A bill to be entitled an Act to give 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.
The report 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 4.
The bill having received the requisite constitutional majority was passed.
Mr. Bell of Grady moved that the bill be immediately transmitted to the Senate.
On the motion to immediately transmit, the ayes were 97, the nays 6.
The motion prevailed.
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. Etheridge, Kendrick and Mrs. Mankin of FultonHouse Bill No. 342. A bill to add an additional Judge of the Superior Court
for the Atlanta Circuit; and for other purposes.
By Messrs. Carmichael of Cobb, Culpepper of Fayette, Lanier of Richmond, and Rees of Webster-
House Bill No. 621. A bill to establish a Department of Purchases for the State; to provide for a Supervisor of Purchases; 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 reqms1te constitutional majority the following
bills of the Senate and House, to-wit:

1504

JOURNAL OF THE HOUSE,

By Senator Warnell of the 1st DistrictSenate Bill No. 232. A bill to amend the several Acts relating to and incorpo-
rating the Town of Thunderbolt, so as to define and extend its corporate limits; and for other purposes.
Bv Messrs. Swindle of Berrien and Claxton of Johnson-
House Bill 11-io. 690. A bill to authorize the State Highway Department to expend State Aid road funds upon any rural or post roads of the State not on the State Highway Road System; and for other purposes.
Under the special and continuing 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. Allen of DoughertyHouse Bill No. 810. A bill to be entitled an Act to amend Section 22 of the
General Tax Act No. 360, by striking from said Section the second sentence thereof, which provides that no person shall be exempt from any tax imposed who has more than one employee to assist in conducting such business; and for other purposes.
The report 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 3.
The bill having received the requisite constitutional majority was passed.
By unanimous consent, the bill was ordered immediately transmitted to the Senate.
By Messrs. Jones of Paulding, Trippe of Polk, Fowler of Douglas and Franklin of Polk-
House Bill No. 823. A bill to be entitled an Act to abolish the fee system now existing in the Superior Courts of the Tallapoosa Circuit; and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 118, the nays 1.
The bill having received the requisite constitutional majority was passed.
Mr. Strickland of Haralson requested that the Journal show that he voted against the passage of the bill.
By unanimous consent, the bill was ordered immediately transmitted to the Senate. By Mr. Holtzendorff of Ben Hill-
House Resolution No. 165-647A.

THURSDAY, MARCH 16, 1939

1505

A RESOLUTION
Proposing to the qualified voters of Georgia an ame:-~dment to Article 7, Section 6, Paragraph 1, of the Constitution of G~orgia, attho-izing the City of Fitzgerald to levy a tax not to excerd one mill for the purpose of raising a hnd which may be set aside, appropriated, and used by the City of Fitz;erald in a'si,ting, promoting and encouraging the location of new industrie' th~rein: and which may also be set aside, appropriated and used by said City of Fitzgera'd for the purpose of advertising said City, and such fund so raised shall be spent in such manner for such purposes as the governing body of said City may provide.
Be it resolved by the General Assembly of Georgia:
SECTION 1.
That Article 7, Section 6, Paragraph 1, of the Constitution of Georgia be and the same is hereby amended by adding at the end of said paragraph the following language: "Provided, however, that the City of Fitzgerald, iu Ben Hill County, Georgia, is authorized to levy a tax on all of the taxable prop~rty therein, not to exceed one mill, for the purpose of securing a fund ~o be set aside, used and appropriated by the City of Fitzgerald in assisting, promoting ard encotraging the location of new industries therein. And which may also be set aside, appropriated and used by said City of Fitzgerald for the purpose of advertising said City, and such fund so raised shall be spent in such manrer fo- such ptrposes as the governing body of said City may provide. Said tax and appropriation being in addition to those now authorized by law."
SECTION 2.
This amendment shall be published in some newspap~r P encl-t Congre'iSional District for two months before the next general election, and at the next g:eneral election it shall be submitted to the qualified voters of Georgia for ratification or rejection. Those desiring to vote in favor of ratification of the amendment shall have written or printed on their ballots the word~. "For ratification of the amendment to Article 7, Section 6, Paragraph 1, of the Constitution of Georgia, authorizing the City of Fitzgerald to levy a tax and appropriate money for securing new industries." Those desiring to vote against the ratification of the amendment shall have written or printed on their ballots the words, ''Again:;t ratification of the amendment to Article 7, Section 6, Paragraph 1, of the Constitution of Georgia, authorizing the City of Fitzgerald to levy a tax and appropriate money for securing new industries."
If a majority of those qualified to vote for memiJers of the General Assembly, voting at said election, shall vote in favor of th:: ratification of the amendment, the same shall become a part of Article 7, Section 6, Paragraph 1, of the Constitution of Georgia, and the Governor shall make proclamation thereof as provided by law.
SECTION ~.
Be it further resolved that before tht' provisions of this Act shall become dfective the City Council by proper resolution shall call an elc~tion in said municipality

1506

JOURNAL OF THE HOUSE,

to be held within thirty days from the date of 3aid call and publish a notice thereof in the official organ of said county, which election shall be held under the &arne rules and regulations covering the elections of officers of said municipality, at which it shall be submitted to the qualified voters of Fitzgerald, Georgia, the question of whether or not the City of Fitzgerald will be authorized to levy a tax on all taxabl'! property located therein not to exceed one mill for the purpose of securing a fund to be set aside, used and appropriated by the City of Fitzgerald in assisting, promoting and encouraging the location of new industries to be located in the City of Fitzgerald; which fund shall be spent for such purposes by and with the approval of the Board consisting of the Mayor of the City of Fitzgerald, President of the Chamber of Commerce and Chairman of the Water, Light and Bond Commission, whether such an amendment shall go into effect or not. Those voting in favor of the amendment to aforesaid shall have written or printed on their ballots, "For Amendment''. And those opposed to said amendment shall have plainly written or printed on their ballots, "Against Amendment". If the majority of votes cast shall be in favor of said amendment, the provisions of this resolution shall become effective and the governing authorities of said City shall in accordance herewith levy the tax aforesaid. If the majority of votes in said election are not in favor of amendment, then this law shall be void and of no effect.

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.:

Aiken Allen Allison of Gwinnett Allison of White Almand Ansley Atkinson Barlow Barrett Beck Bell Bennett of Clarke Bennett of Ware Blackshear Blease Bloodworth Boyd of Cook Boyd of Greene Branch Bray

Brooks of Oglethorpe Bruce Bynum Campbell Candler Carmichael of Butts Carmichael of Cobb Carrington Chappell Cheney Clark Clements of Calhoun Clements of Marion Cobb Connell Conner Cook Corbett Curry Dallis

Daughtry Davis of Coweta Davis of Floyd Dean DeFoor Dockery Drinkard Easley Edwards of Taylor Elliott Ennis, J. H. Ennis, Marion Etheridge of Fulton
Etheridge of Houston Evans of McDuffie Ferguson of Camden Ferguson of Sumter Flanders Ford Forrester of Crisp

THURSDAY, MARCH 16, 1939

1507

Foster Fowler of Treutlen Franklin of Polk Gaines Gavin Gill Goddard Gowen Graham Grant Grayson
Greene Grice Griffin Gross of Stephens Gross of ~ashington Guyton Harden Harrison of Jenkins Hatchett Henderson Herndon Hill Hinson Holtzendorff Howard Jackson Joel Johnson Jones of Brantley Jones of Paulding Jones of Richmond

Kendrick Kennedy Key Kimbrough Lanham Lewis Looper Lovett Mankin Mason Maxwell McBride McCracken McDaniel McGraw McNall Middleton Miller Mills Moore of Lumpkin Pannell Parham Parker Pierce Pilcher Purdy Rawlins Rogers Roughton Rountree
Sabados Sams

Those not voting were Messrs. :

Binion Brooks of Jackson Bush Carter Clary Claxton Clements of ~heeler Coogler Culpepper of Fayette Culpepper of Mitchell Davidson Dickerson

Douglass Drake Edwards of Lowndes English Etheridge of Baker Evans of Laurens Forrester of Dade Fowler of Douglas Franklin of Bulloch Goolsby Hardman Harrison of Crawford

Sanders Sapp Sartain Scott Smiley Smith of Henry Stiles Strickland of Haralson Strickland of Pierce Sumner Swindle Terrell Thigpen of Evans Thigpen of Glascock Thornton Tippins Tipton Trippe Turner Vickery
~ages ~arren ~ells
Whipple ~hi t a k e r
~iggins
~illiams of ~are
~ohlwender ~right
Yeomans
Harvey Hayes Kaigler Kelley King Lanier Marshall Merritt Moore of Lumpkin Moore of Taliaferro Morgan Mosely

1508

JOURNAL OF THE HOUSE,

Moss Pharr Preston Ragan Rees

Reid Rossee Saunders Simmons Smith of Schley

Summerour Tate Tomlinson Williams of Bacon Yawn

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

On the passage of the bill the ayes were 154, the nay$ 0.

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

By Mr. Smiley of Liberty-

House Bill No. 662. A bill to be entitled an Act proposing an amendment to the Constitution, to authorize the Willie Consolidated School District of Liberty County to incur a bonded indebtedness; and for other purposes.

By unanimous consent, the bill was tabled.

By Messrs. Kendrick and Etheridge and Mrs. Mankin of Fulton-

House Bill No. 694

A BILL

To be entitled an Act proposing to the qualified voters of the State of Georgia an amendment to Article 7, Section 7, Paragraph I, of the Constitution of Georgia, to require the Fulton County Board of Education to assume and pay all of the principal and interest of the schooi bond indebtedness of the City of East Point, Georgia, and of Mayor and Council of the City of College Park, Georgia, outstanding and unpaid as of the date said amendment becomes effective and requiring said Board of Education to recommend to the tax !~vying authorities of Fulton County, Georgia, the levy of a sufficient tax to pay said principal and interest of said bonds at maturity, and to require said tax levying authorities of Fulton County, Georgia, upon such recommendation to levy and collect a sufficient tax, in addition to all taxes now levied, on all the property in Fulton County, Georgia, outside the City of Atlanta, to pay said principal and interest of said bonds as the same become due, and to provide that said bonded indebtedness shall not any longer be regarded as debts of said Municipal Corporations, respectively, insofar as constitutional debt limitation is concerned.

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 7, Section 7, Paragraph 1, of the Constitution of the State of Georgia, which has heretofore been amended, be, and the same is hereby proposed to be further amended, by adding at the end thereof the following language, to-wit:

And except that the Board of Education of Fulton County, in this State, shall,

THURSDAY, MARCH 16, 1939

1509

and is hereby required to, assume and pay, without any election, and without regard to any debt limitation, and as its own obligation, the following school bonds of the City of East Point and of Mayor and Council of the City of College Park, Municipal Corporations of this State, to-wit: (a) All of the unpaid school bonds and indebtedness evidenced thereby, principal and interest, according to the provisions of such bonds and their interest coupons, of the City of East Point, outstanding on the date this amendment is ratified; (b) all of the unpaid school bonds, and the indebtedness evidenced thereby, principal and interest, according to the provisions of such bonds and their interest coupons, of Mayor and Council of the City of College Park, outstanding on the date this amendment is ratified, said College Park school bonds being of date March I, 1926, aggregating sixty-five thousand ($65,000.00) dollars principal, and bearing interest from their date at the rate of five (5%) per centum per annum payable semi-annually on March 1st and September 1st of each year, and due and payable as to principal two thousand ($2,000.00) dollars March I, 1941; three thousand ($3,000.00) dollars each year on March 1st of the years 1942, 1943 and 1944; four thousand ($4,000.00) dollars on March 1, 1945, and five thousand ($5,000.00) dollars each year on March 1st of the years 1946 to 1955, both inclusive, being the bonds validated in Case No. 67330 in the Superior Court of Fulton County, Georgia. All of said bonds are hereby made the debt and obligation of said Board of Education of Fulton County and shall not hereafter be regarded as debts of said Municipal Corporations, respectively, insofar as constitutional debt limitation is concerned; and for the purpose of paying the principal and interest of said bonds so assumed and made its obligations, said Board of Education of Fulton County shall recommend, and the tax levying authorities of Fulton County, in this State, shall levy upon the property subject to taxation in the territory of said County outside the corporate limits of the City of Atlanta, such tax as may be necessary to provide a sinking fund for the retirement of said bonds and for paying the principal thereof and the interest thereon.
SECTION 2.
Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that when said amendment shall have been agreed to by two-thirds vote of the members elected to each of the two houses of the General Assembly, and entered on their Journals, 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 in this State, at which proposed amendments to the Constitution of this State may be voted upon, the same shall be submitted for ratification to the qualified voters of this State at said election; and all persons voting at said election in favor of the ratification of said proposed amendment to the Constitution of this State shall have written or printed on their ballots the words, "For amendment of Article 7, Section 7, Paragraph 1, of the Constitution to require the Fulton County Board of Education to assume the school bonds of the City of East Point and of the City of College Park, whose schools have been taken over by the Fulton County Board of Education", and all persons opposing the ratification of said amendment shall have written or printed on their ballots the words, "Against amendment of Article 7, Section 7,

1510

JOURNAL OF. THE HOUSE,

Paragraph l, of the Constitution to require the Fulton County Board of Education to assume the school bonds of the City of East Point and of the City of College Park, whose schools have been taken over by the Fulton County Board of Education," and if a majority of the qualified voters voting thereon shall vote for ratification thereof, said amendment shall become a part of the Constitution of this State, and the Governor of this State shall make a procla!llation thereof.

SECTION 3.

All laws and parts of laws in conflict with this Act are hereby repealed.

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

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.:

Aiken Allen Allison of Gwinnett Allison of White Almand Ansley Atkinson Barlow Beck Bell Bennett of Clarke Bennett of Ware Blackshear Blease Boyd of Greene Brooks of Oglethorpe Bruce Bynum Campbell Candler Carmichael of Butts Carmichael of Cobb Carrington Cheney Clark Clary Claxton Clements of Calhoun Clements of Marion Clements of Wheeler

Cobb Connell Conner Cook Corbett Culpepper of Mitchell Curry Daughtry Davis of Coweta Dean DeFoor Dockery Douglass Drinkard Easley Edwards of Taylor Elliott Ennis, J. H. Ennis, Marion Etheridge of Baker Etheridge of Fulton
Etheridge of Houston Evans of McDuffie Ferguson of Camden Ferguson of Sumter Flanders Ford Forrester of Crisp Forrester of Dade Fowler of Douglas

Fowler of Treutlen Franklin of Bulloch Franklin of Polk Gavin Gill Goddard Gowen Graham Grant Greene Grice Griffin Gross of Stephens Gross of Washington Guyton Harden Harrison of Jenkins Hatchett Henderson Herndon Hill Hinson Holtzendorff Howard Jackson Joel Johnson Jones of Brantley Jones of Richmond Kaigler

THURSDAY, MARCH 16, 1939

1511

Kelley Kendrick Kennedy Key Kimbrough King Lanham Lewis Looper Lovett Mankin Mason Maxwell McBride McCracken McDaniel McGraw Middleton Miller Moore of Lumpkin Pannell

Parham Parker Pharr Pierce Pilcher Purdy Rawlins Reid Roughton Rountree Sabados Sams Sapp Sartain Smiley Smith of Henry Smith of Schley Stiles Strickland of Haralson Strickland of Pierce Sumner

Swindle Terrell Thigpen of Evans Thigpen of Glascock Thornton Tippins Tipton Turner Vickery Wages Warren Wells Whipple Whitaker Wiggins Williams of Ware Wohlwender Wright Yawn Yeomans

Voting in the negative was Mr.: .Foster

Those not voting were Messrs.:

Barrett Binion Bloodworth Boyd of Cook Branch Bray Brooks of Jackson Bush Carter Chappell Coogler Culpepper of Fayette Dallis
Davidson Davis of Floyd Dickerson Drake

Edwards of Lowndes English Evans of Laurens Gaines Goolsby Grayson Hardman Harrison of Crawford Harvey Hayes Jones of Paulding Lanier Marshall McNall Merritt Mills Moore of Taliaferro

Morgan Mosely Moss Preston Ragan Rees Rogers Rossee Sanders Saunders Scott Simmons Summerour Tate Tomlinson Trippe Williams of Bacon

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

On the passage of the bill the ayes were 152, the nays 1.

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

1512

JOURNAL OF THE HOUSE,

By unanimous consent, the bill was ordered immediately transmitted to the Senate.
By Messrs. Sams, Candler and Turner of DeKalb, and Kendrick, Etheridge and Mrs. Mankin of Fulton-
House Bill No. 607.
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 Board of Education of Fulton County to make temporary loans; to limit the aggregate amount of said loans outstanding at any one time; to provide for the payment of such loans; to provide the method of making such loans; and for other purposes.
Section l. Be it enacted by the General A.;sembly 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 sub-paragraph in the following words, to-wit:
"And except that in addition to debts hert>inbefore permitted, the Board of Education of Fulton County may make temporary loans from time to time to be evidenced by promissory notes signed by the President of the Board of Education and by the County Superintendent of Schools after the passagt' of a resolution by a majority of the Board authorizing the same entered on the minutes. No such new loan shall be made after January 1st of any year until all previous ioans have been paid, and no new loan shall be made which will bring the aggregate amount of loans hereunder outstanding at the time such new loan is made to an amount in excess of the balance of the income that the Board of Education may be or become entitled to receive from the State appropriation in the fiscal year in which any such loan is made, and the balance that the Board of Education may be or become entitled to receive from taxes in the calendar year in which such new loan is made. Such loans shall be payable out of any revenue received by the Board of Education at any time irrespective of whether or not they are included in the budget or appropriation for such Board of Education.''
Section 2. Be it further enacted by the authority aforesaid, 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 the 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 A,.ticle 7, Section 7, Paragraph l, of the Constitution, authorizing the Board of Education of Fulton County to make

THURSDAY, MARCH 16, 1939

1513

temporary loans," and all persons opposed to 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 Board of Education of Fulton County to make tem;>orary 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 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 this State, and the Governor shall make a proclamation thereof, as provided by law.
Section 3. All laws and parts of laws in ~onflict herewith are hereby repealed.
The following amendment to House Bill No. 607 was read and adopted:
Mr. Candler of DeKalb moves to amend House Bill No. 607, as follows: By adding in the caption and body of said bill wherever the words "Fulton County" appear, the words "and DeKalb County", so that when amended the provisions of said bill shall apply to DeKalb County in the same manner as to Fulton County.
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:

Those voting in the affirmative were Messrs.:

Aiken Allen Allison of Gwinnett Allison of White Almand Ansley Atkinson Barlow Barrett Beck Bell Bennett of Ware Blackshear Blease Bloodworth Boyd of Cook Boyd of Greene Branch Bray Brooks of Oglethorpe Bruce

Bynum Campbell Candler Carmichael of Butts Carmichael of Cobb Carrington Carter Chappell Cheney Clark Clary Claxton Clements of Calhoun Clements of Marion Clements of Wheeler Cobb Connell Conner Cook Corbett Culpepper of Fayette

Culpepper of Mitchell Curry Daughtry Davidson Davis of Coweta Davis of Floyd Dean DeFoor Dockery Drinkard Easley Edwards of Lowndes Edwards of Taylor Elliott
Ennis, J. H.
Ennis, Marion Etheridge of Fulton
Etheridge of Houston Evans of McDuffie Ferguson of Sumter
Flanders

1514

JOURNAL OF THE HOUSE,

Ford Forrester of Dade Fowler of Douglas Fowler of Treutlen Franklin of Bulloch Franklin of Polk Gaines
Gavin Gill Goddard Gowen Graham Grant Grayson Greene Grice Griffin Gross of Washington Guyton Harden Harrison of Crawford Harrison of Jenkins Harvey Hatchett Henderson Herndon Hill Hinson Holtzendorff Howard Jackson Joel Jones of Brantley

Jones of Paulding Jones of Richmond Kaigler Kelley Kendrick Kennedy Key Kimbrough King Lewis Lovett Mankin Mason Maxwell McBride McCracken McDaniel McGraw Middleton Moore of Lumpkin Morgan Mosely Pannell Parham Parker Pharr Pierce Pilcher Purdy Ragan Rawlins Reid Roughton

Voting in the negative was Mr.:

Foster

Those not voting were Messrs.:

Bennett of Clarke Binion Brooks of Jackson Bush Coogler Dallis Dickerson Douglass

Drake English Etheridge of Baker Evans of Laurens Ferguson of Camden Forrester of Crisp Goolsby Gross of Stephens

Rountree Sabados Sams Sapp Sartain Scott Smiley Smith of Schley Stiles Strickland of Haralson Strickland of Pierce Sumner Swindle Tate Terrell Thigpen of Glascock Thornton Tipton Trippe Turner Vickery Wages Warren Wells Whipple Whitaker Wiggins Williams of Bacon Williams of Ware Wohlwender -Yawn Yeomans
Hardman Hayes Johnson Lanham Lanier Looper Marshall McNall

THURSDAY, MARCH 16, 1939

1515

Merritt Miller Mills Moore of Taliaferro Moss Preston

Rees Rogers Rossee Sanders Saunders Simmons

Smith of Henry Summerour Thigpen of Evans Tippins Tomlinson Wright

By unanimous consent, verification of the roll c2ll was dispensed with.
On the passage of the bill the ayes were 161, the nays I.
The bill having received the requisite two-thirds constitutional majority was passed.
By unanimous consent, the bill was ord'!red immediately transmitted to the Senate.

By Mr. Strickland of Haralson-
House Resolution No. 118-453A. A resolution providing that the State Board of Education, the State School Superintendent, and the school officials of this State be directed to follow the law so that three-foutths of the funds available shall be used for teachers' salaries.
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.

By Mr. Chappell of Sumter-
House Bill No. 681. A bill to be entitled an Act to create and establish a joint committee of the House and Senate to conduct investigations and make recommendations to the General Assembly concerning economy and efficiency in the State government; and for other purposes.
Mr. Lovett of Laurens moved that the bill be referred to a subcommittee to report back to the House within one hour, and the motion prevailed.

As a subcommittee, the Speaker appointed the following members of the House, to-wit:
Messrs. Grayson of Chatham, Chappell of Sumter, and
Lovett of Laurens.

By Mr. Dean of Rockdale-

House Bill No. 478. A bill to be entitled an Act to provide for the distribution

1516

JOURNAL OF THE HOUSE,

of funds received from State Highway contracts with counties; and for other purposes.

Mr. Chappell of Sumter moved the previous question, the motion prevailed, and the main question was ordered.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 120, the nays I.
The bill having received the requisite constitutional majority was passed.

By unanimous consent, the bill was ordered immediately transmitted to the Senate.

By Messrs. Blackshear and Terrell of Hall-
House Bill No. 244. A bill to be entitled an Act to provide an appropnat10n from the State Treasurer for the purpose of purchasing law books for the County of Hall; and for other purposes.

The House was resolved into the Committee of the Whole House, to consider House Bill No. 244, special appropriation, and the Speaker designated Mr. Clary of Columbia 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.
The following Committee amendment to House Bill No. 244 was read and adopted:
The Committee moves to amend House Bill No. 244 by striking from Section 1 the words, "Georgia and Southeastern Digest and Georgia Code of 1933 annotated", and by striking the figures "$1210.25" and inserting m lieu the figures "$750.00, or so much thereof as may be necessary to purchase Georgia Reports and Georgia Appeals".

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

On the passage of the bill the roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Messrs.:

Aiken Allison of Gwinnett Allison of White Almand Ansley Barlow Barrett

Bell Bennett of Clarke Bennett of Ware Blackshear Blease Bloodworth Boyd of Cook

Boyd of Greene Branch Bray Brooks of Jackson Bruce Bush Bynum

THURSDAY, MARCH 16, 1939

1517

Campbell Candler Carmichael of Butts Carmichael of Cobb Carrington Cheney Clark Clary Claxton Clements of Marion Clements of Wheeler Cobb Conner Cook Corbett Culpepper of Mitchell Curry Daughtry Davidson Davis of Coweta Davis of Floyd Dean DeFoor Dockery Drinkard Edwards of Lowndes Edwards of Taylor Ennis, J. H. Ennis, Marion Etheridge of Fulton Etheridge of Houston Evans of McDuffie Ferguson of Camden Ferguson of Sumter Flanders Ford Forrester of Crisp Fowler of Douglas Fowler of Treutlen Franklin of Bulloch Franklin of Polk
Gaines Gavin

Gill Goddard Gowen Graham Grant Grayson Greene
Grice Griffin Gross of Washington Guyton Harrison of Crawford Harrison of Jenkins Harvey Hatchett Hayes Henderson Herndon Hill Hinson Holtzendorff Howard Jackson Johnson Jones of Brantley Jones of Paulding Jones of Richmond Kendrick Kennedy Key Kimbrough King Lanham Looper Lovett Mankin Mason Maxwell McBride McCracken McDaniel McGraw McNall

Voting in the Negative was Mr.:

Foster

Moore of Lumpkin Morgan Pannell Parham Parker Pharr Pilcher Purdy Ragan Rawlins Reid Rogers Roughton Rountree Sabados Sams Sanders Sapp Sartain Scott Smiley Smith of Henry Smith of Schley Stiles Strickland of Haralson Strickland of Pierce Sumner Swindle Tate Terrell Thigpen of Glascock Thornton Tippins Tipton Trippe Turner Warren Whitaker Williams of Bacon Williams of Ware Wohlwender Yawn Yeomans

1518

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Allen Atkinson Beck Binion Brooks of Oglethorpe
Carter Chappell Clements of Calhoun Connell Coogler Culpepper of Fayette Dallis Dickerson Douglass Drake Easley Elliott English

Etheridge of Baker Evans of Laurens Forrester of Dade Goolsby Gross of Stephens Harden Hardman Joel Kaigler Kelley Lanier Lewis Marshall Merritt Middleton Miller Mills Moore of Taliaferro

Mosely Moss Pierce Preston Rees Rossee Saunders Simmons Summerour Thigpen of Evans Tomlinson Vickery Wages Wells Whipple Wiggins Wright

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

On the passage of the bill, as amended, the ayes were 151, the nays I.
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. Key of Jasper-
House Bill No. 761. A bill to be entitled an Act to appropriate money for the maintenance of the Legislative Department; and for other purposes.

The House was resolved into the Committee of the Whole House, to consider House Bill No. 761, special appropriation, and the Speaker designated Mr. Marion Ennis of Baldwin 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.:

Aiken Allison of Gwinnett

Almand Ansley

Atkinson Barlow

THURSDAY, MARCH 16, 1939

1519

Barrett Bell Bennett of Clarke Bennett of Ware Blackshear Blease Bloodworth Boyd of Greene Branch Brooks of Jackson Brooks of Oglethorpe Bruce Campbell Candler Carmichael of Cobb Chappell Cheney Clark Claxton Clements of Calhoun Clements of Marion Clements of Wheeler Cobb Conner Cook Corbett Culpepper of Fayette Curry Dallis Daughtry Davidson Davis of Coweta Davis of Floyd Dean DeFoor Dockery Drinkard Edwards of Taylor Elliott Ennis, J. H. Ennis, Marion Etheridge of Baker Etheridge of Fulton Etheridge of Houston

Evans of McDuffie Ferguson of Camden Ferguson of Sumter Flanders Fowler of Douglas Fowler of Treutlen Franklin of Bulloch
Franklin of Polk Gavin Gill Goddard Gowen Graham Grant Greene Grice Griffin Guyton Harden Harrison of Jenkins Harvey Hatchett Henderson Herndon Hinson Holtzendorff Howard Jackson Johnson Jones of Brantley Jones of Paulding Jones of Richmond Kendrick Kennedy Key Kimbrough King Lanham Looper Lovett Mankin Maxwell McBride McCracken

McDaniel McGraw Middleton Moore of Lumpkin Moore of Taliaferro Morgan Pannell Parham Parker Pharr Pierce Pilcher Purdy Ragan Rogers Rountree Sabados Sams Sanders Sapp
Smiley Smith of Henry Smith of Schley Stiles Strickland of Haralson Strickland of Pierce Sumner Swindle Tate Terrell Thigpen of Glascock Thornton Tippins Tipton Trippe Turner Vickery Warren Wells Whitaker Williams of Bacon Williams of Ware Wohlwender Yeomans

1520

JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs.:

Bynum Ford Forrester of Crisp

Foster Gross of Washington Sartain

Scott

Those not voting were Messrs.:

Allen Allison of White Beck Binion Boyd of Cook: Bray Bush Carmichael of Butts Carrington Carter Clary Connell Coogler Culpepper of Mitchell Dickerson Douglass Drake Easley Edwards of Lowndes English

Evans of Laurens Forrester of Dade Gaines Goolsby Grayson Gross of Stephens Hardman Harrison of Crawford Hayes Hill Joel Kaigler Kelley Lanier Lewis Marshall Mason McNall Merritt Miller

Mills Mosely Moss Preston Rawlins Rees Reid Rossee Roughton Sapp Saunders Simmons Summerour Thigpen of Evans Tomlinson Wages Whipple Wiggins Wright Yawn

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

On the passage of the bill the ayes were 138, the nays 7.

The bill having received the requisite constitutional majority was passed.

By unanimous consent, the bill was ordaed imrnedately transmitted to the Senate.

By Mr. McBride of Montgomery-
House Bill No. 407. A bill ~o be entitled an Act to prevent the spread of hog cholera; and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 133, 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.

THURSDAY, MARCH 16, 1939

1521

By Messrs. Hatchett of Meriwether and Harris of Richmond-
House Bill No. 554. A bill to be entitled an Act to repeal Section 32-1601 of the Code relating to the enumeration of school children; and Sections 32-1602 and 32-1603; and for other purposes.
The report of the Committee, which was favorable to the passage of the oill, was agreed to.
On the passage of the bill the ayes were 108, the nays I.
The bill having received the requisite constitutional majority was passed.
By Messrs. Marion and J. H. Ennis of Baldwin and Lanham and Davis of Floyd-
House Bill No. 760. A bill to be entitled an Act to appropriate a sum of money to the State Department of Public Welfare for certain uses; and for other purposes.
The House was resolved into the Committee of the Whole House, to consider House Bill No. 760, special appropriation, and the Speaker designated Mr. Harrison of Jenkins 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 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 hill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Aiken Allison of Gwinnett Allison of White Almand Ansley Atkinson Barlow Bennett of Ware Blease Bloodworth Boyd of Greene Branch Bray Brooks of Jackson Brooks of Oglethorpe Bruce Bynum

Candler Carmichael of Cobb Carrington Chappell Cheney Clary Claxton Clements of Calhoun Clements of Marion Clements of Wheeler Connell Conner Cook Corbett Culpepper of Fayette Curry Dallis

Daughtry Davidson Davis of Floyd Dockery Edwards of Lowndes Edwards of Taylor Ennis, ]. H. Ennis, Marion Etheridge of Baker Etheridge of Fulton Etheridge of Houston Ferguson of Camden Ferguson of Sumter Flanders Ford Fowler of Treutlen Franklin of Bulloch

1522

JOURNAL OF THE HOUSE,

Gill Goddard Gowen Graham Grayson Greene Grice Griffin Gross of Washington Guyton Harrison of Crawford Harrison of Jenkins Harvey Hatchett Hayes Henderson Herndon Hill Holtzendorff Howard Jackson Jones of Richmond Kelley Kendrick Kennedy Key Kimbrough

King Lanham Lewis Looper Lovett Mankin Marshall Mason McDaniel McGraw McNall Middleton Mills Moore of Taliaferro Parham Parker Pharr Pilcher Purdy Ragan Rawlins Rogers Rossee Roughton Rountree Sabados Sams

Those voting in the negative were Messrs.:

Dean Elliott Evans of McDuffie

Forrester of Crisp
Foster Grant

Those not voting were Messrs.:

Allen Barrett Beck Bell Bennett of Clarke
Binion Blackshear Boyd of Cook Bush Campbell Carmichael of Butts Carter

Clark Cobb Coogler Culpepper of Mitchell Davis of Coweta DeFoor Dickerson Douglass Drake Drinkard Easley English

Sanders Sartain Scott Smiley Smith of Schley Stiles Strickland of Haralson Strickland of Pierce Sumner Swindle Tate Terrell Thigpen of Glascock Thornton Tippins Trippe Turner Vickery Wells Whipple Whitaker Wiggins Williams of Bacon Williams of Ware Yeomans
Jones of Brantley Smith of Henry Wohlwender
Evans of Laurens Forrester of Dade Fowler of Dougla5 Franklin of Polk Gaines Gavin Goolsby Grant Gross of Stephens Harden Hardman Hinson

THURSDAY, MARCH 16, 1939

1523

Joel Johnson Jones of Paulding Kaigler Lanier Maxwell McBride McCracken
Merritt Miller

Moore of Lumpkin Morgan Mosely Moss Pannell
Pierce Preston Rees Reid Sapp

Saunders Simmons Summerour Thigpen of Evans Tipton Tomlinson Wages Warren Wright Yawn

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

On the passage of the bill the ayes were 130, the nays 9.

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 subcommittee appointed to consider House Bill No. 681 was read and adopted:

Mr. Speaker:

Your Committee of the House appointed to confer and agree on a satisfactory substitute for House Bill No. 681 has met and unanimously agree and hereby recommend the adoption of the following substitute for House Bill No. 681 and all substitutes and amendments:

House Conferees:

Grayson of Chatham,

Lovett of Laurens,

Chappell of Sumter.

The following substitute to House Bill No. 681 was read and adopted:

A RESOLUTION
Whereas, The Economy Committee of the House of Representatives, of the General Assembly of the State of Georgia, composed of Lanier of Richmond, Chairman; Carmichael of Cobb, Vice-Chairman; Blackshear of Hall, Rees of Webster, and Connell of Lowndes, has been working earnestly and untiringly since their appointment, and
Whereas, They are doing a most thorough job in the interest of economy, and
Whereas, Their recommendations are of such a character that a real saving for the State may be effected by carrying out said recommendations, and

1524

JOURNAL OF THE HOUSE,

Whereas, They have merely scratched the surface of many departments of the State government, and
Whereas, Working both day and night they cannot hope to complete a searching investigation before the General Assembly adjourns sine die, and
Whereas, The General Assembly of the State of Georgia commends the membership of this Committee for their untiring efforts, and
Whereas, It is the desire of the General Assembly that they be given ample time to fully complete the duties for which they were appointed, therefore,
Be it resolved by the House of Representatives, the Senate concurring, that the members of this Committee, together with a similar Committee of the Senate, not to exceed three in number, be, and they are, authorized to continue their work, after the adjournment of the General Assembly, for a period of time not to exceed the 1st day of June, 1939, and during said period of time the membership of said Committee shall receive as compensation for their labors a per diem of ten ($10.00) dollars for each day of actual service rendered by them, and the State Trea~urer is authorized and directed to pay the membership of said Committee the per diem as set forth above.
Be it further resolved, That said Committee is authorized and empowered to report all their findings and all their recommendations which they deem expedient and economical to the Governor of the State of Georgia from time to time, and upon the completion of their work they are further authorized to make any recommendations affecting any department of the State government which they believe will effect economy, or which would tend to better organize or reorganize any department or departments of the State government.
Be it further resolved, That the funds appropriated hereunder be paid from funds appropriated for the expense of the Legislature. The Committee is further empowered to continue the employment of the Secretary-Reporter, who shall be paid by the State Treasurer upon bills approved by the Chairman and Vice-Chairman of the Committee from funds appropriated for the Legislature.
The report of the Committee, which was agreeable to the passage of the bill, was agreed to, by substitute.
On the passage of the bill, by substitute, the ayes were 120, the nays 3.
The bill having received the requisite constitutional majority was passed, by substitute.
Under the special and continuing 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. Mason of Morgan, Whipple of Bleckley, Lanham and Davis of Floyd-
House Bill No. 812. A bill to be entitled an Act to create an Advisory Council to be known as the Georgia Advisory Council; and for other purposes.

THURSDAY, MARCH 16, 1939

1525

The following amendment to House Bill No. 812 was read and adopted:
Mr. Mason of Morgan moves to amend House Bill No. 812 by striking from Section 4 the first and second paragraphs in their entirety. Further moves to amend House Bill No. 812 by adding a new paragraph to be appropriately numbered and to read as follows: "all laws or parts of laws in conflict with this Act be and they are hereby repealed." And to amend 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 ayes were 70, the nays 45.
The bill having failed to receive the requisite constitutional majority was lost.
By Messrs. Sabados and Allen of Dougherty-
House Bill No. 809. A bill to be entitled an Act to amend Section 855 of Park's 1914 annotated Code of Georgia, so as to authorize persons holding office under municipal corporations in Georgia to sell goods, wares and merchandise to municipality 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 1.
The bill having received the requisite constitutional majority was passed.
By unanimous consent, the bill was ordered immediately transmitted to the Senate.
By Mr. Davis of Floyd-
House Bill No. 436. A bill to be entitled an Act to amend Section 32-100 of the Civil Code of 1933, so as to change the qualifications of the County Superintendent of Schools in all counties of a certain population; and for other purposes.
The following amendment to House Bill No. 436 was read and adopted:
Mr. Maxwell of Muscogee moves to amend House Bill No. 436 by striking from the sixth line of the second paragraph of Section 2 thereof the words "or in lieu of a Bachelor's Degree" and substitute in the place thereof the words "or in lieu thereof".
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, as amended, the ayes were 110, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
By Messrs. Campbell of Newton and Gill of Bryan-

1526

JOURNAL OF THE HOUSE,

House Bill No. 649. A bill to be entitled an Act to regulate political primary elections for the nomination of candidates for the State Senate; and for other purposes.

The following Committee substitute to House Bill No. 649 was read and adopted:

A BILL

To be entitled an Act to regulate political primary elections for the nominations of candidates for the State Senate; to provide that such primary elections shall be held in the various Senatorial Districts only in the county entitled to furnish the nominees under the rotation system; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section l. That hereafter every political primary election held by any political party, organization or association for the purpose of selecting candidates for the office of State Senator from any of the Senatorial Districts of this State, as provided for by the Constitution, shall be held only in the county whose turn it is to furnish the nominee of such party as a candidate for the office under the rotation system as same was of force prior to January, 1936.

Section 2. The candidate entitled to said nomination as the result of the primary under the rules and regulations prescribed by the Executive Committee or other party organization of the county whose turn it is to furnish such nominee under such rotation system shall be the nominee of such party for State Senator from any such District for the ensuing term and no other person shall qualify or have his name placed upon the ballot as the nominee of such party for said office.

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, Mr. Campbell of Newton moved the ayes, and nays, and the call was sustained.

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

Those voting in the affirmative were Messrs.:

Allen Allison of Gwinnett Allison of White Almand Ansley Barlow Beck Bennett of Ware Blackshear Blease Bloodworth

Boyd of Cook Boyd of Greene Bray Bynum Campbell Carrington Chappell Clary Claxton Clements of Calhoun Clements of Marion

Clements of Wheeler Cobb Connell Conner Cook Corbett Culpepper of Fayette Curry Daughtry Davidson Davis of Coweta

THURSDAY, MARCH 16, 1939

1527

Dean DeFoor Dockery Douglass Drake Drinkard Edwards of Lowndes Edwards of Taylor Ennis, J. H. Etheridge of Baker Etheridge of Fulton Evans of McDuffie Ferguson of Camden Flanders Ford Forrester of Crisp Foster Fowler of Douglas Fowler of Treutlen Gaine-s Gavin Gill Goddard Gowen Graham Greene Grice Griffin Gross of Washington

Guyton Harden Harrison of Jenkins Hatchett Herndon Hinson Holtzendorff Jackson Johnson Jones of Brantley Jones of Paulding Jones of Richmond Kaigler Kelley Kennedv Key Kimbrough Lanham Lovett Mankin Marshall Mason McCracken McGraw Middleton Mills Pannell Parham Parker

Pharr

Pilcher

Rawlins

Rees

Reid

Rogers

Roughton

Rountree

Sabados

Sartain

Saunders

Smiley

Smith of Henry

Smith of Schley

~!

Strickland of Haralson Strickland of Pierce ,....

Sumner Swindle Terrell Thigpen of Glascock Tippins Tomlinson Vickery Warren Wells Whitaker Wiggins Williams of Bacon Yeomans

Those voting in the negative were Messrs.:

Atkinson Branch Brooks of Jackson Candler Carmichael of Cobb Cheney

Dallis Elliott Grayson Harvey Lewis Maxwell

McNall Morgan Sams Tate Wohlwender

Those not voting were Messrs.:

Aiken Barrett Bell Bennett of Clarke Binion Brooks of Oglethorpe Bruce

Bush Carmichael of Butts Carter Clark Coogler Culpepper of Mitchell Davis of Floyd

Dickerson Easley English Ennis, Marion d~ Etheridge of Houston Evans of Laurens Ferguson of Sumter

1528

JOURNAL OF THE HOUSE,

Forrester of Dade Franklin of Bulloch Franklin of Polk Goolsby Grant Gross of Stephens Hardman Harrison of Crawford Hayes Henderson Hill Howard
Joel Kendrick King Lanier

Looper McBride McDaniel Merritt Miller Moore of Lumpkin Moore of Taliaferro Mosely Moss Pierce Preston Purdy Ragan Rossee Sanders Sapp

Scott Simmons Stiles Summerour Thigpen of Evans Thornton Tipton Trippe Turner Wages Whipple Williams of Ware Wright Yawn

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

On the passage of the bill, by substitute, the ayes were 120, the nays 17.

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

Mr. Davis of Coweta moved that the House do now adjourn until 9 o'clock tomorrow morning.

By Mr. Allison of Gwinnett-

House Bill No. 759. A bill to be entitled an Act to appropriate certain sums of money to the State Veterinarian for tests on Bang's disease; and for other purposes.

The House was resolved into the Committee of the Whole House, to consider House Bill No. 759, Bang's disease bill, and the Speaker designated Mr. Claxton of Johnson, as chairman thereof.

The Committee of the Whole House arose, and through its chairman reported the bill back to the House with the recommendation that 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.:

Aiken Allison of Gwinnett Almand Atkinson

Barlow Beck Bennett of Ware Blackshear

Blease Boyd of Cook Boyd of Greene Branch

THURSDAY, MARCH 16, 1939

1529

Bray Brooks of Jackson Bruce Bynum Candler Carmichael of Cobb Carrington Chappell Cheney Clary Claxton Clements of Calhoun Clements of Marion Clements of Wheeler Cobb Connell Conner Cook Corbett Dallis Daughtry Davis of Coweta Davis of Floyd DeFoor Dockery Douglass Drake Edwards of Lowndes Edwards of Taylor Elliott Ennis, J. H. Etheridge of Fulton Ferguson of Sumter Ford Foster

Fowler of Douglas Fowler of Treutlen Gavin Gill Gowen Graham Greene Grice Griffin Gross of Washington Guyton Harrison of Jenkins Harvey Hatchett Herndon Hinson Holtzendorff Howard Jackson Jones of Brantley Jones of Richmond Kennedy Key Kimbrough Lanham Mankin Mason McCracken McGraw Middleton Mills Morgan Pannell Parham Parker

Those voting in the negative were Messrs.:

Ansley Drinkard

Evans of McDuffie Forrester of Crisp

Those not voting were Messrs.:

Allen Allison of White Barrett Bell Bennett of Clarke

Binion Bloodworth Brooks of Oglethorpe Bush Campbell

Pharr Pilcher Rawlins Rees Reid Rogers Roughton Sabados Sams Sartain Saunders Smiley Smith of Schley Strickland of Haralson Strickland of Pierce Sumner Swindle Tate Terrell Thigpen of Glascock Tippins Tomlinson Turner Vickery Wages Warren Wells Whipple Whitaker Wiggins Williams of Bacon Wohlwender Yeomans
Jones of Paulding Smith of Henry
Carmichael of Butts Carter Clark Coogler Culpepper of Fayette

1530

JOURNAL OF THE HOUSE,

Culpepper of Mitchell Curry Davidson Dean Dickerson Easley English Ennis, Marion Etheridge of Baker Etheridge of Houston Evans of Laurens Ferguson of Camden Flanders Forrester of Dade Franklin of Bulloch Franklin of Polk Gaines Goddard Goolsby Grant Grayson Gross of Stephens Harden

Hardman Harrison of Crawford Hayes Henderson Hill Joel Johnson Kaigler Kelley Kendrick King Lanier Lewis Looper Lovett Marshall Maxwell McBride McDaniel McNall Merritt Miller Moore of Lumpkin

Moore of Taliaferro Mosely Moss Pierce Preston Purdy Ragan Rossee Rountree Sanders Sapp Scott Simmons Stiles Summerour Thigpen of Evans Thornton Tipton Trippe Williams of Ware Wright Yawn

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

On the passage of the bill, the ayes were 115, the nays 6.

The bill having received the requisite constitutional majority was passed.

By unanimous consent, the b1ll was ordered immediately transmitted to the Senate.

Mr. Wohlwender of Muscogee moved that the House do now adjourn until 9:00 o'clock, tomorrow morning, and the motion was lost.

Under the special and continuing 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. Herndon of Hart-

House Bill No. 245. A bill to be entitled an Act to limit civil liability of owners and operators of motor vehicles; and for other purposes.

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

On the passage of the bill, the ayes were 74, the nays 29.

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

THURSDAY, MARCH 16, 1939

1531

By unammous consent, the following Committee Reports were read:
Mr. Sams of DeKalb 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. 217. Do pass.
The following House bills, at the request of their authors, be returned to the Clerk's files and do not pass; being bills Nos. 168, 511, 630, 769, and 815.
Respectfully submitted,
Sams of DeKalb, Chairman.
Mr. Carmichael of Cobb 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. 202. Do pass.
Respectfully submitted,
Carmichael of Cobb, Chairman.
Mr. Smith of Henry County, Chairman of the Committee on Public Utilities, submitted the following report:
Mr. Speaker: Your Committee on Public Utilities have had under consideration the follow-
ing 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,
Smith of Henry, Chairman.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:
Mr. Speaker:
The Senate insists on its position on the following bill of the House, to-wit:

1532

JOURNAL OF THE HOUSE,

By Mr. Culpepper of Fayette-
House Bill No. 637. A bill to be entitled an Act to create a State Division of Confederate Pensions and Records; and for other purposes.
The President has appointed as a committee of conference on the part of the Senate to confer with a like committee on the part of the House:
Senators Harrell of the 7th,
Smith of the 24th, and
Daves of the 14th.
By unanimous consent, the following bills of the House and Senate, favorably reported, were read the second time:
By Mr. Edwards of Lowndes-
House Bill No. 66. A bill to be entitled an Act to prohibit telephone companies from making report charges on telephone calls, or from making extra charges for equipment; and for other purposes.
By Senator Cail of the 17th District-
Senate Bill No. 202. A bill to be entitled an Act to propose to the qualified voters an amendment to Article 7, Section 7, Paragraph 1, of the Constitution, so as to authorize the City of Sylvania to incur a bonded indebtedness; and for other purposes.
By Senator Brinson of the 42nd District-
Senate Bill No. 217. A bill to be entitled an Act to amend the charter of the City of Summerville; and- for other purposes.
Mr. Clary of Columbia moved that the House do now adjourn until tomorrow morning at 9:00 o'clock, and the motion prevailed.
The Speaker announced the House adjourned until tomorrow morning at 9:00 o'clock.

FRIDAY, MARCH 17, 1939

1533

Representative Hall, Atlanta, Ga.
Friday, March 17, 1939. 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. Jones of Richmond, 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 period of unanimous consents:
1. Reports of Standing Committees. 2. Second reading of bills and resolutions, favorably r~ported.
3. Third reading and passage of local uncontested bills and resolutions.
Mr. Scott of Thomas 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 considera-
tion 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. 222. Do pass.
Senate Bill No. 230. Do pass.
Senate Bill No. 227. Do pass.
Respectfully ::ubmitted,
Scott of Thomas, Chairman.
Mr. Ansley of Lee 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 bills of the House, to-wit: House Bills Nos. 218, 757, 793. Respectfully !'ubmitted, Ansley of Lee, Chairman.

1534

JOURNAL OF THE HOUSE,

Mr. Williams of Bacon County, Chairman of the Committee on Game and
Ifish, submitted the following report:
Mr. Speaker:
Your Committee on Game and Fish 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. 198. Do pass.
Senate Bill No. 190. Do pass.
Senate Bill No. 180. Do pass.
Respectfully submitted,
Williams of Bacon, Chairman.
Mr. Swindle of Berrien 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 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. 179. Do pass.
Senate Bill No. 218. Do pass.
Respectfully submitted,
Swindle of Berrien, Chairman.
Mr. Atkinson of Chatham 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. 558. Do not pass. House Bill No. 671. Do not pass. House Bill No. 587. Do not pass. House Bill No. 705. Do not pass. House Bill No. 271. Do not pass. House Bill No. 736. Do not pass.

FRIDAY, MARCH 17, 1939

1535

House Bill No. 26. Do not pass. House Bill No. 161. Do not pass. House Bill No. 134. Do not pass. House Bill No. 313. Do not pass. House Bill No. 564. Do not pass. House Bill No. 227. Do not pass. House Bill No. 7. Do not pass. House Bill No. 183. Do not pass. Senate Bill No. 11. Do not pass.
Respectfully submitted,
Atkinson of Chatham, Chairman.
Mr. Atkinson of Chatham 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 Senate and have instructed me, as Chairman, to report the same back to the House with the following recommendations:
Senate Bill No. 210. Do pass. Senate Bill No. 142. Do not pass.
Respectfully submitted,
Atkinson of Chatham, Chairman.
By unanimous consent, the following bills of the Senate, favorably reported, were read the second time: By Senators Brown of the 4th, Thrasher of the 27th and Brooks of the 8th
DistrictsSenate Bill No. 179. A bill to be entitled an Act to amend an Act approved February 16, 1938 (Georgia Laws, Extra Session, 1937-1938, pages 332-337), authorizing the Commissioner of Agriculture to promulgate rules and regulations in reference to the sanitation, distribution and transpo.rtation of fish and sea foods; and for other purposes. By Senators Brown of the 4th, Thrasher of the 27th and Brooks of the 8th
DistrictsSenate Bill No. 180. A bill to be entitled an Act to repeal Section 45-210 of the

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JOURNAL OF THE HOUSE,

Code relating to license fees levied on commercial fishing boats, by providing for an additional license on aliens or non-residents; and for other purposes.
By Senator Thrasher of the 27th District-
Senate Bill No. 190. A bill to be entitled an Act to amend Section 45-801 of the Georgia Code of 1933, by requiring persons owning or leasing oyster beds in this State to register with the Tide Water Commission a private mark; and for other purposes.
By Senator Thrasher of the 27th District-
Senate Bill No. 198. A bill to be entitled an Act to amend Section 45-601 of the Code of 1933, by changing the open season during which shad may be taken from the waters of this State; and for other purposes.
By Senators Manning of the 39th and Spivey of the 16th Districts-
Senate Bill No. 210. A bill to be entitled an Act to amend Georgia Laws, 1935, pages 367-368 (An Act to promote Public Health, etc.), by prohibiting certain endurance contests; and for other purposes.
By Senators Smith of the 24th and Lindsay of the 34th Districts-
Senate Bill No. 218. A bill to be entitled an Act establishing and creating a public corporation to be known as the Atlanta Produce Market Authority; and for other purposes.
By Senator Causey of the 46th District-
Senate Bill No. 222. A bill to be entitled an Act to authorize the ordinary or other official or officials in charge of the fiscal affairs of the county to pay the premiums on surety company bonds of tax receivers, tax collectors and tax commissioners; and for other purposes.
By Senator Jordan of the 15th District-
Senate Bill No. 227. A bill to be entitled an Act to abolish the offices of Tax Collector and Tax Receiver of Wheeler County; to create the office of Tax Commissioner; and for other purposes.
By Senator Millican of the 52nd District-
Senate Bill No. 230. A bill to be entitled an Act to amend Code Section 92-3715 of 1933, as amended by the Act approved March 31, 1937, pages 444-446, by striking the words "one and one-fourth mills" where the same occur in said Code section, as amended, and inserting in lieu thereof "three mills"; and for other purposes.
By unanimous consent, the following bill of the Senate was read the third time and placed upon its passage:
By Senator Dawson of the 2nd District-

FRIDAY, MARCH 17, 1939

i53i

Senate Bill No. 196. A bill to be entitled an Act to repeal the Act abolishing the office of Tax Collector 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 103, the nays 0.
The bill having received the requisite constitutional majority was passed.
Under the special and continuing 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 Cail of the 17th District-
Senate Bill No. 71. A bill to be entitled an Act to provide for the holding of four terms of the Superior Court in each year in Screven County, prescribe the time for holdin~ same; and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the aye!> were 103, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Senator Brinson of the 42nd District-
Senate Bill No. 217. A bill to be entitled an Act to amend the charter of the City of Summerville; and for other purposes.
The report 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 report of the Committee on Rules was read and adopted:
Mr. Speaker: Your Committee on Rules having had under consideration the fixing of a
calendar have established as a special and continuing order of business beginning immediately the following:
1.-Senate Bill No. 14. Providing for peach on tags.
2.-Senate Bill No. 69. Libel bill. 3.-Senate Bill No. 98. R. E. A. Condemnation.
4.-Senate Bill No. 144. Co-operative marketing.
5.-Senate Bill No. 5. Reference to highway refunding certificates.

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6.-House Resolution No. 158. Veterans committee. 7.-Senate Bill No. 146. Highway bill. 8.-Senate Bill No. 3. Repealing the boxing commission. 9.-Senate Bill No. 181. Reference to court costs. 10.-Senate Bill No. 186. Prison Commission. 11.-Senate Bill No. 117. To authorize and regulate the practice of Chiro-
practic. 12.-Senate Bill No. 200. Railroad crossing. 13.-Senate Bill No. 185. School bill. 14.-House Resolution No. 181-787B. Committee expenses. 15.-Senate Bill No. 219. Tax Receivers. 16.-Senate Bill No. 58. Homestead Exemption. 17.-Senate Bill No. 131. Lawyers bill. 18.-Senate Bill No. 84. University bill. 19.-Senate Bill No. 172. W. and A. bill. 20.-Senate Bill No. 32. Housing bills. 21.-Senate Bill No. 33. Housing bills. 22.-Senate Bill No. 34. Housing bills. 23.-Senate Bill No. 35. Housing bills. 24.-Senate Bill No. 36. Housing bills. 25.-Senate Bill No. 136. Coastal Highway. 26.-Senate Bill No. 138. Coastal Highway. 27.-Senate Bill No. 65. Witnesses. 28.-Senate Bill No. 156. City Charter. 29.-Senate Bill No. 126. Divorce. 30.-Senate Bill No. 203. Industrial Board. 31.-Senate Bill No. 27. Defaults. 32.-Senate Bill No. 109. Misdemeanor convicts. 33.-Senate Bill No. 206. Bankruptcy.
34.-Senate Bill No. 25. Hunting in Screven County.

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1539

35.-Senate Bill No. 182. Relating to damages for cutting growing timber.
The Speaker is authorized to call up any constitutional amendments and general bills with local application in his discretion and to call the bills on this calendar in the order he wishes.
Respectfully submitted,
Gross, of Stephens, 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 bills of the House, to-wit:
By Messrs. Goddard and Purdy of Spalding-
House Bill No. 225. A bill requiring a deposit of $10.00 by the plaintiff in divorce cases filed in Superior Court in counties with a population between 23,400 and 24,400; and for other purposes.
By Messrs. Almand and Preston of Walton-
House Bill No. 266. A bill providing for the removal of all obstructions, except dams used for operating machinery, from creeks and other running streams in Walton County; and for other purposes.
By Messrs. Kendrick, Etheridge and Mrs. Ma:1kin of Fulton-
House Bill No. 328. A bill authorizing counties of population of 200,000 to contract with any municipality located therein as to furnishing of regulation functions; and for other purposes.
By Messrs. Whitaker of Appling, Gowen of Glynn, and others-
House Bill No. 333. A bill to provide additional compensation for official stenographic reporter of the Superior Courts of the Brunswick Judicial Circuit; and for other purposes.
By Mr. Stiles of Fannin-
House Bill No. 344. A bill amending the Act creating the office of Commissioner of Roads and Revenues of Fannin County, approved August 20, 1920, by striking from line 2 of Section 5 the figures "$600.00" and inserting "$840.00"; and for other purposes.
By Messrs. Merritt, Grice and Bloodworth of Bibb--
House Bill No. 427. A bill authorizing any county having a population not less than 75,000 and not more than 100,000, according to 1930 Federal census, or future census, to pass zoning and planning laws; and for other purposes.

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By Messrs. Harris, Lanier and Jones of Richmond-
House Bill No. 471. A bill authorizing Board of County Commissioners, or other fiscal agent in counties of population of 72,500 to 73,500 to regulate building and construction in unincorporated areas; and for other purposes.
By Mr. Holtzendorff of Ben Hill-
House Bill No. 491. A bill repealing an Act amending Act approved March 31, 1937, Georgia Laws, 1937, pages 441-443, dealing with manner of selecting members of County Board of Education in certain counties by providing that persons residing in Fitzgerald District shall not qualify to participate in said election; and for other purposes.
By Mr. Holtzendorff of Ben Hill-
House Bill No. 494. A bill providing manner of electing members of County Board of Education in certain counties; and for other purposes.
By Mr. Gross of Stephens-
House Bill No. 536. A bill to authorize Toccoa Falls Institute to confer the Degree of Bachelor of Arts in Biblical Education; and for other purposes.
By Mr. Mosely ot Toombs-
Hause Bill No. 571. A bill prohibiting goats from running at large in certain counties; and for other purposes.
By Mr. English of Lamar-
House Bill No. 580. A bill amending an Act providing a charter for City of Barnesville, and vesting the mayor and council with authority to pass zoning laws; and for other purposes.
By Mr. Sapp of Coffee-
House Bill No. 606. A bill to prohibit goats from running at large in certain counties; and for other purposes.
By Mr. Tippins of Wilcox-
House Bill No. 657. A bill to provide for holding three terms a year of Superior Co,u,rt of Wilcox County; and for other purposes.
By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton-
House Bill No. 669. A bill amending an Act incorporating the City of Hapeville; and for other purposes.
By Mr. Stiles of Fannin-
House Bill No. 679. A bill repealing an Act incorporating the Town of Epworth in the County of Fannin; and for other purposes.

FRIDAY, MARCH 1i, 1939

1541

By Messrs. Allison and Pharr of Gwinnett-
House Bill No. 695. A bill to amend Acts approved December 15, 1893, and August 13, 1931; to provide that the Mayor of Lawrenceville shall be an ex-officio member of Lawrenceville Board of Education; and for other purposes.
By Messrs. Sams, Candler and Turner of DeKal&--
House Bill No. 701. A bill amending the charter of the Town of Decatur; and for other purposes.
By Mr. Hatchett of Meriwether-
Hause Bill No. 773. A bill amending an Act and Acts amendatory thereof by providing for employment of a Clerk of Board of Commissioners of Roads and Revenues of Meriwether County; and for other purposes.
By Mr. Stiles of Fannin-
House Bill No. 611. A bill amending an Act providing that fishing may be permitted in the ponds and lakes in Fannin County from April 15 to May 31; and for other purposes.
By Mr. Marion Ennis of Baldwin-
House Bill No. 640. A bill to amend an Act providing for election of a Board of Commissioners of Baldwin County, and Acts amendatory thereto, by providing for special election to fill vacancies; and for other purposes.
By Messrs. Gross and Roughton of Washington-
House Bill No. 660. A bill amending an Act approved March 15th, 1935, appearing in Acts of General Assembly of Georgia for 1935, approved August 20, 1913; and for other purposes.
By Messrs. Candler, Sams and Turner of DeKalb-
House Bill No. 702. A bill amending an Act providing for the extension of the corporate limits of the Town of Decatur; and for other purposes.
By Messrs. Allison and Pharr of GwinnettHouse Bill No. 716. A bill repealing an Act incorporating the Town of Lilburn
in Gwinnett Cou~ty; and for other purposes.
By Messrs. Sabados and Allen of DoughertyHouse Bill No. 718. A bill providing and empowering the City of Albany to
furnish aid, relief and pensions to officers, agents and employees of said city; and for other purposes.
By Messrs. Allison and Pharr of GwinnettHouse Bill No. 737. A bill incorporating the Town of Sugar Hill in Gwinnett
County; and for other purposes.

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By Mr. Ferguson of Camden-
House Bill No. 739. A bill granting power to Commissioners of Roads and Revenues of Camden County to adopt and enforce zoning ordinances; and for other purposes.
By Mr. Campbell of Newton-
House Bill No. 745. A bill authorizing fishing with hook and line at all times in Jackson Lake, located in Counties of Newton, Butts and Henry; and for other purposes.
By Mr. Tippins of Wilcox-
House Bill No. 780. A bill amending the Charter of the Town of Abbeville; and for other purposes.
By Messrs. Candler, Sams and Turner of DeKalb-
House Bill No. 782. A bill amending an Act creating a new charter for the City of Decatur by providing that certain fees be paid by City Commissioners and members of Board of Education of said city; and for other purposes.
By Mr. Rawlins of Telfair-
Hause Bill No. 795. A bill to create and incorporate the City of Jacksonville; and for other purposes.
By Messrs. Candler, Sams and Turner of DeKalbHouse Bill No. 517. A bill amending an Act relating to the adoption of rules
and regulations as to construction and repair of buildings in certain counties; and for other purposes.
By Messrs. Sartain and Kelley of WalkerHouse Bill No. 556. A bill providing and fixing the hours of keeping open polls
at precincts situated in certain counties; and for other purposes.
By Mr. Coogler of ClaytonHouse Bill No. 619. A bill authorizing the Town of Forest Park to enact
zoning ordinances; and for other purposes.
By Mrs. Mankin and Messrs. Etheridge and Kendrick of FultonHouse Bill No. 655. A bill amending the Charter of City of East Point, to
annex certain territory subject to a referendum; and for other purposes.
By Mr. Rossee of PutnamHouse Bill No. 674 A. A bill to amend an Act authorizing a system of public
schools for Eatonton by repealing anything in said Act, or amendments thereto, creating a separate board of trustees for colored schools; and for other purposes. By Messrs. Harris, Lanier and Jones of Richmond-

FRIDAY, MARCH 17, 1939

1543

House Bill No. 743. A bill amending the Charter of the City of Augusta; and for other purposes.
By Messrs. Allison and Pharr of Gwinnett-
House Bill No. 756. A bill amending an Act creating a Board of Commissioners for Gwinnett County; and for other purposes.
By Mr. Douglass of Talbot-
House Bill No. 781. A bill to amend an Act abolishing the offices of Tax Collector and Tax Receiver of Talbot County; and for other purposes.
By Mr. Coogler of Clayton-
House Bill No. 618. A bill to amend the Charter of the Town of Forest Park; and for other purposes.
By Messrs. Sams, Candler and Turner of DeKalb-
House Bill No. 748. A bill to amend the Charter of the City of Pine Lake; and for other purposes.
By Mr. Williams of Bacon-
House Bill No. 635. A bill proposing to the voters of Georgia an amendment to the Constitution, to authorize Bacon County to issue refunding bonds; and for other purposes.
By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton-
House Bill No. 472. A bill amending Article ll, Section 3, of the Constitution so that Fulton County officials may name a chief deputy; and for other purposes.
By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton-
House Bill No. 359. A bill amending Paragraph 2, Section 6, of Article 7, of the Constitution of Georgia to authorize the creation of a civil service commission for Fulton County; and for other purposes.
By Messrs. Candler, Sams and Turner of DeKalbHouse Bill No. 673. A bill amending Paragraph l, Section 13, Article 6, of
the Constitution of Georgia regulating the salaries of Judges of the Superior Court; and for other purposes.
The following bills of the House were taken up for the purpose of considering the Senate amendments thereto:
By Messrs. Gowen of Glynn, Ferguson of Camden, Yeomans of Wayne, Vickery of Charlton, DeFoor of Mcintosh, Gill of Bryan, Smiley of Liberty, Hill of Screven, Bennett of Ware, Rawlins of Telfair, Hinson of Jeff Davis and Aiken of Bulloch-
House Bill No. 354. A bill to be entitled an Act to amend Sections 45-308

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and 45-310 of the Code of Georgia, so as to provide a different date for the commencement of the open season for the hunting of game in certain territory of this State; and for other purposes.
The following Senate amendment to House Bill No. 354, was read and agreed to:
The Senate moves to amend House Bill No. 354, Section 1, by adding in the 4th line between the words "Chatham" and "Bryan" the words "Ben Hill". Moves to further amend the bill, Section 2, in the fifth line of the printed bill between the words "Chatham" and "Bryan" the words "Ben Hill". Moves .to further amend the 2nd paragraph of Section 2, fifth line, by adding between the words "Chatham" and "Bryan" the words "Ben Hill".
The following Senate amendment to House Bill No. 354, was read and disagreed to:
The Senate moves to amend by striking the word "Screven" from Section 1, Paragraph I, Line six and Section 1, Paragraph 2, Line four, Section 2, Paragraph 1, Line six, Section 2, Paragraph 2, Line Six, and adding after the word "follows", Section 1, Line 12, the following:
"Provided that it shall be unlawful to hunt deer fro.m August 15th to January 5th, inclusive in the County of Screven, and provided that the carrying of a shotgu11 in fields, woods or swamps between March 2nd and August 14, inclusive shall be evidence of guilt of violating the provisions of this Act, and punishable as for a misdemeanor in the County of Screven.
By Messrs. Scott and Tipton of Thomas-
House Bill No. 672. A bill to be entitled an Act to authorize the City of Thomasville to create a City Authority by City ordinance; and for other purposes.
The following Senate substitute to Senate Bill No. 672, was read and agreed to:
A BILL
A bill to be entitled an Act to amend an Act approved October 3, 1889, re-incorporating the Town of Thomasville as the City of Thomasville and creating and establishing a new Charter for the City of Thomasville, as variously amended, by creating for said City of Thomasville, a City Authority; to define the powers of said City Authority and prescribe its members; to authorize said City Authority to construct, reconstruct, operate and maintain self-liquidating projects embras1ng water works, sewage systems, disposal plants, airports and other relating facilities; to authorize the issuance of revenue bonds of the City Authority, payable solely from earnings and revenues, to pay the cost of such projects; providing for the collection and pledging of revenues and other charges for the sale of such bonds and for the cost of maintenance, operation and repair of the projects; to authorize the execution of trust indentures to secure the payment of such bonds and defining the rights of the holders thereof; to provide that no debt of the City of Thomasville

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shall be incurred in the exercise of any of the powers granted by this Act and authorized by this Act; making such bonds legal investments and free of taxation, providing for condemnation by said City Authority; authorizing the issuance of revenue refunding bonds; fixing the venue or jurisdiction of actions relating to the provisions of this Act and the time within which such actions must be brought; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION l.
That the Act of the General Assembly of Georgia, approved October 3, 1889, entitled "An Act to re-incorporate the Town of Thomasville as the City of Thomasville; to confer additional powers on said corporation, and to codify, amend and supersede all previous Acts incorporating the Town of Thomasville, and grant a new charter to said Town under the name of the City of Thomasville, and for other purposes;" as variously amended, be and the same is hereby further amended as follows:
SECTION 2.
There is hereby created for the City of Thomasville a City Authority of the City of Thomasville, which is hereby constituted a body corporate and politic and by that name and in that style is authorized and empowered to contract and be contracted with, sue and be sued, plead and be impleaded, and complain and defend in all courts of law and equity. Said City Authority shall be and the same is hereby constituted a governmental instrumentality of the City of Thomasville and made a public corporation of the State of Georgia. The said City Authority shall consist of three (3) members to be appointed by the Mayor of the City of Thomasville, each of whom shall be a resident of the City of Thomasville at the time of his appointment. The original appointments shall be made in such manner that the term of one member shall expire on January 1, 1940, the term of another mt"mber shall expire on January 1, 1941, and the term of the remaining member shall expire on January 1, 1942. Their successors shall be appointed for terms of four years from the dates of expiration of their respective terms of office, except that any person appointed to fill a vacancy shall serve only for the unexpired term, and any member of the Authority shall be eligible for reappointment. Immediately after such appointments, the members of the Authority shall enter upon their duties. The Authority shall elect one of its members as Chairman and another as Vice-Chairman and shall also elect a Secretary and Treasurer who may not necessarily be a member of the Authority. Two members of the Authority shall constitute a quorum. No vacancy in the Authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the Authority. The members of the Authority shall not be entitled to compensation for their services but shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The Authority shall make necessary rules and regulations for its own government. The Authority may delegate to one or more of its members, or to its officers, agents and employees such powers and duties as it may deem proper.

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SECTION 3.
Definitions. As used in this Act, the following words and terms shall have the following meanings:
(a) The word "Authority" shall mean the City Authority created by Section 2 of this Act.
(b) The word "project" shall be deemed to include the following revenueproducing undertakings or any combination of two or more of such undertakings, whether now existing or hereafter acquired or constructed: Systems. plants, works, instrumentalities, and properties: (i) used or useful in connection with the obtaining of a water supply and the conversation, treatment and disposal of water for public and private uses (ii) used or useful in connection with the collection, treatment and disposal of sewage, waste and storm water; together with all parts of any such undertaking and all appurtenances thereto, including lands, easements, rights in land, water rights, contract rights, franchises, approaches, dams, reservoirs, generating stations, sewage disposal plants, intercepting sewers, trunk connecting and other sewer and water mains, filtration works, pumping stations, and equipment (iii) used or useful in connection with the construction and maintenance of airports.
(c) The term "cost of the project" shall embrace the cost of construction, the cost of all lands, properties, rights, easements and franchises acquired, the cost of all machinery and equipment, financing charges, interest prior to and during construction, and for one year after completion of construction, cost of engineering, architectural and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expense, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense heretofore incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and shall be paid or reimbursed out of the proceeds of revenue bonds issued under the provisions of this Act for such project.
(d) Any project shall be deemed "self-liquidating" if, in the judgment of the Authority, the revenues and earnings thereof will he sufficient to pay the cost of maintaining, repairing and operating the project and to pay the principal and interest of revenue bonds which may be issued for the cost of such project.
SECTION 4.
Powers of Authority. The Authority shall have power:
( 1) to have a seal and alter the same at pleasure;
(2) to acquire, hold and dispose of personal property for its corporation purposes;
(3) to acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with and

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subject to the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights or easements therein or franchises necessary or convenient for its corporate purposes; and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the Authority, the Authority being under no obligation to accept and pay for any property condemned under this Act except from the funds provided under the authority of this Act, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceeding as may be just to the Authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions of this Act upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem such lien or encumbrance in full; and if the Authority shall deem it expedient to construct or reconstruct any project on lands the title to which shall then be in the City of Thomasville, the Mayor is hereby authorized to convey, for and in behalf of the City, title to such lands to the Authority upon payment to the City Treasurer the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the Mayor and the Chairman of the Authority;
(4) to appoint and select officers, agents and employees, including engineering, architectural and construction experts and attorneys, and fix their compensation;
(5) to make contracts, and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and any and all departments or agencies of the State are hereby authorized to enter into leases or agreements with the Authority upon such terms and for such purposes as they deem advisable;
(6) to construct, reconstruct, erect, acquire, own, repair, add to, remodel, maintain, extend, improve, equip, operate and manage self-liquidating projects, as hereinabove defined, to be located on property owned by the Authority, the cost of any such project to be paid solely from the proceeds of revenue bonds of the Authority or from such proceeds and any grant from the United States of America or any agency or instrumentality thereof;
(7) to accept loans and/or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, including the Reconstruction Finance Corporation, upon such terms and conditions as the United States of America or such agency or instrumentality, including the Reconstruction Finance Corporation, may impose;
(8) to borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from earnings of such projects, and to provide for the payment of the same and for the rights of the holders thereof;
(9) to exercise any power usually possessed by private corporations performing similar functions, which is in conflict with the Constitution and Laws of this State; and

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( 10) to do all things necessary or convenient to carry out the powers expressly
given in this Act.
SECTION 5.
Revenue Bonds. The Authority shall have power and is hereby authorized at one time or from time to time to provide by resolution for the issuance of ne6otiable revenue bonds of the Authority for the purpose of paying all or any part of the cost as hereinabove defined of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding six per centum per annum, payable semi-annually, shall mature at such time or times not exceeding thirty years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution provision for the issuance of the bonds. The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the State. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupons hall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All such bonds shall be signed by the Chairman of the Authority and the official seal of the Authority shall be affixed thereto and attested by the Secretary-Treasurer of the Authority and any coupons attached thereto shall bear the facsimile signature of the Chairman of the Authority. Any coupon may bear the facsimile signature of such person and any bond may be signed, sealed and attested on behalf of the Authority by such persons as at the actual time of the execution of such bond shall be duly authorized or hold the proper office, although at the date of such bond such persons may not have been so authorized or shall not have held such office. All revenue bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments law of the State. Such bonds and the income thereof shall be exempt from all taxation within the State. The bonds may be issued in coupon or in registered form, or both, as the Authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interests of the Authority, but no such sale shall be made at a price so low as to require the payment of interest on the money received therefor at more than six per centum per annum, computed with relation to the absolute maturity of the bonds in accordance with standard tables of bond values excluding, however, from such computation the amount of any premium to be paid on redemption of any bond prior to maturity. The proceeds of such bonds shall be used solely for the payment of the cost of

FRIDAY, MARCH 17, 1939

1549

the project or projects, and shall be disbursed upon requisition or order of the Chairman of the Authority under such restrictions, if any, as the resolution authorizing the issuance of the bonds or the trust indenture hereinafter mentioned may provide. If the proceeds of such bonds, by error of calculation or otherwise, shall be less than the cost of the project or projects, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust ind~nture, additional bonds may in like manner be issued to provide the amount of such deficit, which unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into the fund hereinafter provided for the payment of principal and interest of such bonds. Prior to the preparation of definitive bonds, the Authority may, under like restrictions, issue interim receipts, interim certificates or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter. The Authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Such revenue bonds may be issued witli.out any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required by this Act. In the descretion of the Authority, revenue bonds of a single issue may be issued for the purpose of paying the cost of any one or more projects. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of its members.
SECTION 6.
Credit of City Not Pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the City of Thomasville or a pledge of the faith and credit of the City, but such bonds shall be payable solely from the fund hereinafter provided therefor from earnings, and the issuance of such revenue bonds shall not directly or indirectly or contingently obligate the City to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. Neither the City nor the Authority shall be obligated to pay the principal of or the interest on such revenue bonds except from earnings of the project or projects for which they shall be issued. All such revenue bonds shall contain recitals on their face covering the foregoing provisions of this Section.
SECTION 7.
Trust Funds. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues and earnings, shall be deemed to be trust funds, to be held and applied solely as provided in this Act. The Authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds and the earnings and revenues

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to be received to any officer who or any agency, bank or trust company, which shall act as trustee of such funds and shall hold and apply the same to the purpose hereof, subject to such regulations as this Act and such resolution or trust indenture may provide.
SECTION 8.
Trust Indenture. In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State. Such trust indenture may pledge or assign revenues and earnings to be received. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair and insurance of the projt!ct, and the custody, safeguarding and application ot all moneys, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority and satisfactory to the original purchasers of the l:onds issued therefor, and may also require that the security given by contractors and by any depositary of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the law of this State to act as such depositary and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indenture securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project or projects affected by such indenture.
SECTION 9.
Revenues and Earnings. The Authority is hereby authorized to fix and to revise from time to time fees, rentals and other charges for the use of each project and for the services and facilities furnished by the same and to charge and collect the same and to lease and to make contracts with any Agency or Department of the State with respect to the use of any project or part thereof. Such rentals and other charges shall be so fixed and adjusted in respect of the aggregate thereof from the project or projects for which a single issue of revenue bonds is issued, as to provide a fund sufficient with other revenues of such project or projects, if any, to pay (a) the cost of maintaining, repairing and operating the project or projects, including reserves for extraordinary repairs and insurance, and other reserves re-

FRIDAY, MARCH 17, 1939

1551

quired by the resolution or trust indenture, unless such cost shall be otherwise provided for, which cost shall be deemed to include the expenses incurred by the Authority on account of the project or projects for water, light, sewer and other services furnished by other facilities at such institution, and (b) the principal of the revenue bonds and the interest thereon as the same shall become due. The revenues and earnings derived from the project or projects for which a single issue of bonds is issued, except such part thereof as may be required to pay the cost of maintaining, repairing and operating the project or projects, and to provide such reserves therefor as may be provided for in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, shall be set aside at such regular intervals as may be provided in such resolution or such trust indenture in a sinking fund which is hereby pledged to, and charged with the payment of, ( 1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal and interest, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another.
Subject to the provisiOns of the resolution authorizing the issuance of the revenue bonds or of the trust indenture, any moneys in such sinking fund in excess of an amount equal to one year's interest on all revenue bonds then outstanding may be applied to the purchase or redemption of bonds. All revenue bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued.
It shall be the duty of the Authority to prescribe rules and regulations for the operation of each project constructed under the provisions of this Act, including rules and regulations to insure maximum occupancy of each such project, and to impose rentals and other charges for the use of the facilities furnished by such project and to collect the same from all persons served thereby or from those responsible for their support or their guardians, trustees, or other legal representatives.
SECTION 10.
Remedies. Any holder of revenue bonds issued under the prov1s1ons of this Act, or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties requir.ed by this Act or by such resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues and other charges for the use of the project or projects. But no holder of any such bond shall have the right to compel

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any exercise of the taxing power of the City to pay any such bond or the interest thereon, or to enforce the payment thereof against any property of the City, nor shall any such bond constitute a charge, lien C'r encumbrance, legal or equitable, upon any property of the City of Thomasville.
In addition to the remedies afforded by this Section and otherwise by this Act, the holder of any such bonds shall be entitled to and may pursue all of the remedies afforded to holders of revenue certificates issued pursuant to the Act of the General Assembly of Georgia, approved March 31, 1937, and known as the Revenue Certificate Law.
SECTION 11.
Contributions. The Authority, in addition to the moneys which may be received from the sale of revenue bonds and from the collection of revenues and earning5 derived under the provisions of this Act, shall have authority to accept from any Federal agency grants for or in aid of the construction of any project or for the payment of bonds, and to receive and accept contributions from any source of either money or property or other things of value to be held, used and applied only for the purposes for which such grants or contributions may be made.
SECTION 12.
Revenue Refunding Bonds. The Authority is hereby authorized to provide by resolution for the issue of revenue refunding bonds of the Authority for the purpose of refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon. The issuance of such revenu~ refunding bonds, the maturities and all other details, thereof, the rights of the holder thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions of this Act in so far as the same may be applicable.
SECTION 13.
Legal Investment and Security for Deposits. The bonds are hereby made securities in which all public officers and bodies of this State and all municipalities and all municipal subdivisions, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks and savings associations, including savings and loan associations, building and loan associations, investment companies and other persons carrying on a banking business, all administrators, guardians, executors, trustees and other fiduciaries and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the State may properly and legally invest funds including capital in their control or belonging to them. The bonds are also hereby made securities which may be deposited with and shall be received by all public officers and bodies of this State and all municipalities and municipal subdivisions for any purpose for which the deposit of the bonds or other obligations of this State is now or may hereafter be authorized.

FRIDAY, MARCH 17, 1939

1553

SECTION 14.
Governmental Function. It is hereby found, determined and declared that the creation of the Authority and the carrying out of its corporate purpose is in all respects for the benefit of the people of the City of Thomasville and is a public purpose and that the Authority will be performing an essential governmental function in the exercise of the power conferred upon it by this Act and the City of Thomasville covenants with holders of the bonds that the Authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession or supervision or upon its activities in the operation or maintenance of the buildings erected or acquired by it or any fees, rentals or other charges for the use of such buildings or other income received by the Authority and that the bonds of the Authority, their transfer. and the income therefrom shall at all times be exempt from taxation within the said City of Thomasville.
SECTION 15.
Validation of Revenue Bonds. All revenue bonds issued under this Act shall be validated in the Superior Court in the manner hereinafter set forth.
SECTION 16.
Notice to Solicitor-General or Attorney-Gener;JL When the City Authority, hereby created, desires to issue revenue bonds under the provisions of this Act, the Chairman and Secretary of the Authority shall within six months after the passage of the resolution authorizing such bonds notify the Solicitor-General -of the Southern Judicial Circuit, in writing, of the fact that ~uch resolution has been passed by the governing body and of the intention of said Authority to issue said bonds. The service of notice shall be personal upon the Solicitor-General and shall be accompanied by a certified copy of the resolution of the City Authority authorizing the bonds. In the event the Solictor-General is absent from the circuit the notice shall be served in person upon the Attorney-General.
SECTION 17.
Duty of Attorney-General or Solicitor-General to file petition: Order of Court: Answer. Within twenty days from the date of service of notice, provided for in the preceding Section, the Solicitor-General, or the Attorney-General, as the case may be, shall prepare and file in the office of the Clerk of the Superior Court of Thomas County a petition directed to the Superior Court of ~aid County in the name of the State and against the City Authority, setting forth service of such notice, the amount of bonds to be issued, for what purpose to be issued, what interest they are to bear, how much principal and interest lis to be paid annually, when to be paid in full and the security to be pledged to the payment of said bonds; and shall obtain from the Judge of said Court an order requiring the City Authority by its proper officers to show cause at such time and place either in term or chambers within twenty days from the filing of the petition, as the Judge may direct, why the bonds and the security for the payment thereof should not be confirmed

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and validated; which petition and order shall be served in the manner now provided by law for service of petitions upon counties, municipalities or political subdivisions; and to such petition the City Authority shall make sworn answer within the time prescribed herein.
SECTION 18.
Notice of Hearing. Prior to the hearing of said cause, the Clerk of Superior Court of Thomas County shall publish in a newspaper at least twice before the hearing, a notice to the public that on the day specified in the order providing for the hearing of said cause that same will be heard.
SECTION 19.
Trial of Case: Parties: Judgment, Bill of Exceptions. Within the time prescribed in the order, the Judge of said Superior Court shall proceed to hear and determine all the questions of law and of fact in said cause, and shall render judgment thereon, and in the event his judgment shall be in favor of the issuance of said bonds, a judgment and order shall be entered to that effect, and any citizen of this State, resident of the City of Thomasville, may become a party to said proceedings, and if dissatisfied with the judgment of the court confirming and validating the issuance of the bonds, and the security therefor, may except thereto within twenty days from the judgment, as in the case of injunctions, and upon the hearing in the Supreme Court such bill of exceptions shall be heard in accordance with the practice regulating the hearing .of bills of exceptions in criminal cases.
SECTION 20.
Judgment Validating Forever Conclusive. In the event no bill of exceptions shall be filed within the time prescribed herein, or if filed the judgment shall be affirmed by the Supreme Court, the judgment of the Superior Court, so confirming and validating the issuance of said bonds and the security therefor, shall be forever conclusive upon the validity of said bonds and the security therefor against thP. City Authority and all persons whomsoever.
SECTION 21.
How Bonds shall be Stamped. Bonds, when issued under the provision of this Act shall have stamped or written thereon, by the proper officers of the City Authority issuing the same, or their agents or servants, the words: "Validated and confirmed by judgment of the Superior Court," specifying also the date when such judgment was rendered, and the court in which it was rendered, which shall be signed by the Clerk of the Superior Court in which the judgment was rendered, such entry shall be original evidence of the fact of such judgment and shall oe received as original evidence in any court in this State.
SECTION 22.
Costs and Fee of Solicitor-General, By Whom Paid. The cost of said case shall be paid in any event by the City Authority, and in addition to costs it shall also

FRIDAY, MARCH 17, 1939

1555

pay the Solicitor-General the sum of twenty-five ($25.00) dollars for his entire services in such case.
SECTION 23.
Failure of Solicitor-General or Attorney-General to File Proceedings: Order of Court. In the event the Solicitor-General or the Attorney-General shall fail or refuse to present said petition within the time provided by this Act, it shall be competent for the City Authority to present such facts in writing to the Court, and to represent further that such failure has been without fault on the part of the City Authority. In such case it shall be the duty of the court, and he shall have power and authority to inquire into the fact and, upon being satisfied that such failure has not arisen from any fault or neglect on the part of such City Authority, to pass an order authorizing and directing the Solicitor-General or Attorney-General, as the case may be, to proceed within ten days to file the petition authorized by this Act, and thereafter the proceedings shall be heard in the same manner as would have been followed had such petition been duly and promptly filed in the first instance.
Where proceedings are had as provided in this Section and a judgment validating such bonds and the security therefor is entered, the same shall be held ami deemed to be as fully and completely validated to all intents and purposes as though the proceedings had been originally taken as provided in this Act, and in such event the judgment of validation shall be finally and completely conclusive in like manner as provided by Section 20 of this Act.
SECTION 24.
Powers Not Impaired. While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees or agents shall not be .diminished or impaired in any manner that win affect adversely the interests and rights of the holders of such bonds, and no other entity, departments, agency or authority will be created which will compete with the Authority to such an extent as to affect adversely the interests and rights of the holders of such bonds, nor will the City of Thomasville itself so compete with the Authority. The provisions of this Act shall be for the benefit of the City of Thomasville, the Authority and the holders of any such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds.
SECTION 25.
Act Liberally Construed. This Act, being necessary for the welfare of a subdivision of the State and its inhabitants, shall be liberally construed to effect the purposes hereof.
SECTION 26.
Constitutional Construction. The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent juris-

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diction, the decision of such court shall not affect or impair any of the remaining provisions.
SECTION 27.
Alternative Method. The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing.
SECTION 28.
Repealing Clause. All laws and parts of laws in conflict with this Act bt', and the same are, hereby repealed.
By Messrs. McGraw and Hatchett of Meriwether-
Hause Bill No. 378. A bill to be entitled an Act to establish a City Court of Greenville; and for other purposes.
The following Senate amendment to House Bill No. 378, was read and agreed to:
The Senate moves to amend House Bill, No. 378, by adding a new section to be No. 46 {a) to read as follows:
"Section 46 (a). Be it further enacted by the authority aforesaid that this Act shall take effect immediately upon passage and approval by the Governor and that it shall be the duty of the Democratic Executive Committee of Meriwether County to cause the issue as to whether or not said Court shall remain in existence to be submitted to the voters of Meriwether County in the next regular Democratic Primary to be held in said County for the selection of sheriff, clerk of superior court and other county officers, and shall cause to be placed on each ballot the words 'for city court' and 'against city court' and should the voters at such Democratic Primary cast a majority vote for city court said court shall remain in existence and this Act shall remain in full force and effect until repealed by the General Assembly of Georgia, but should a majority of the voters vote against the city court, then this Act shall become inoperative and of no force or effect on and after January 1, 1941, and said court shall cease to exist on said date."
The Senate moves to amend House Bill No. 378 by adding a new section to be numbered 46 {b) to read as follows:
"Section 46 (b). Be it further enacted by the authority aforesaid that no primary shall be called or held for the purpose of selecting the Judge or Solicitor of said Court until the results of the election provided for in Section 46 (b) shall have been determined by the voters in said election as to retention or rejection of said Court.
By Mr. Tippins of Wilcox-
House Bill No. 540. A bill to be entitled an Act to abolish the office of County Treasurer of Wilcox County; and for other purposes.

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1557

The following Senate amendment to House Bill No. 540, was read and agreed to:
The Senate moves to amend House Bill No. 540 by striking Section 1 in its entirety and inserting a new section to be known as Section 1 and reading as follows:
SECTION 1.
Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same, that from and after the 1st day of July, 1939, the office of County Treasurer of Wilcox County, Georgia shall be abolished and said office, from and after that date shall cease to exist.
Amend House Bill No. 540 by adding a new section to be known as Section 10 A and reading as follows:
SECTION 10 A.
This Act shall have no force and effect until same shall have been submitterl to and approved by a majority of the qualified voters of the County of Wilcox, voting at the next general election to be held on the second Wednesday in June. 1938. There shall be printed on the ballots used in said election the following:
"In favor of abolishing the office of County Treasurer of Wilcox County.' "Against abolishing the office of County Treasurer of Wilcox County."
Should a majority of the qualified voters participating in said election vote in favor of abolishing the office of County Treasurer then this Act shall be of full force and effect. If a majority of the qualified voters participating in said election vote against abolishing the office of County Treasurer then this Act will be of no force and will be null and void.
By Messrs. Rountree and Flanders of Emanuel-
House Resolution No. 51-214 A. A resolution authorizing the State Librarian to furnish certain law reports to Emanuel County; and for other purposes.
The following Senate amendment to House Resolution No. 51-214 a, was read and agreed to:
The Senate moves to amend House Resolution No. 51-214 a by adding after the words "directed" in Line eleven of said resolution the words "and required.''
By Mr. Cobb of Oconee-
House Resolution No. 37-160 B. A resolution directing the State Librarian to furnish certain law books to the Ordinary and Clerk of Superior Court of Oconee County; and for other purposes.
The following Senate amendment to House Resolution No. 37-160b, was read and agreed to:
The Senate amends House Resolution No. 37-160 B, by adding the following after the word "reports", "when same are available.''

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By Mr. Coogler of Clayton-
House Resolution No. 34-156 A. A resolution authorizing the State Librarian to furnish certain law reports to the Clerk of Superior Court of Clayton County; and for other purposes.
The following Senate amendment to House Resolution No. 34-156 a, was read and agreed to :
The Senate amends House Resolution No. 34-156 a, by adding the following after the following figures, "9 and 44", "when same are available".
By Mr. Guyton of Effingham-
House Resolution No. 46-186 B. A resolution to supply Effingham County with certain volumes of the Supreme Court Reports; and for other purposes.
The following Senate amendment to House Resolution No. 46-186 b, was read and agreed to:
The Senate amends House Resolution No. 46-186 b, by adding at the end thereof this language:
"Provided that the State Librarian has on hand available for such purpose such books."
Under the special and continuing 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 Millican of the 52nd District-
Senate Bill No. 57. A bill to be entitled an Act to amend an Act entitled "An Act to regulate Primary Elections in all Municipalities 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 121, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Senators Durden of the lOth, Spivey of the 16th and Harrell of the 7th Districts-
Senate Bill No. 123. A bill to be entitled an Act to provide that "The Georgian Waltz" be adopted as the official Georgia Waltz; and for other purposes.
Mr. Culpepper of Fayette moved that the bill be tabled, and the motion prevailed.
The bill was tabled.

FRIDAY, MARCH 17, 1939

1559

By Senator Dunn of the 22nd District-
Senate Bill No. 14. A bill to be entitled an Act to repeal Section 68-214 of the Code of 1933, and amend, so as to advertise Georgia as the "Peach State" on Motor Vehicle Tags; and for other purposes.
The following amendment to Senate Bill No. 14, was read and adopted:
Mr. Bloodworth of Bibb moves to amend Senate Bill No. 14 by striking therefrom what is known as Section 1 and substituting in lieu thereof the following to be known as Section 1 :
That Section 68-214 of the Code of 1933 which provides that "68-214. Number plates; description; transfer; duplicates; fees. lJpon receipt of application and the payment of the required fee, the State Revenue Commission shall file the application, register the vehicle, assign to it a distinctive serial number, and make the same a matter of record. The Commission shall furnish also without cost two metal number plates showing thereon the serial number designated to such vehicle. N umber plates shall be of metal at least seven inches wide and not less than 16 inches in length, and shall show in bold characters the year of registration, serial number, and abbreviation of the name of the State, and such other distinctive markings as in the judgment of the Commission may be deemed advisable, so as to indicate the class or weight of the vehicle for which the number plates were issued. Duplicate number plates, when one of the originals has been lost, defaced, or destroyed, may be obtained from the Commission upon filing affidavit setting forth the facts of such loss or destruction, and the payment of a fee of $1.00. A number when issued, shall not be transferred from one vehicle to another, and shall not be used by any other person or upon any motor vehicle other than the one to which it is assigned, and any use of said number by any person or penons in any manner not provided for in this law shall be a violation of said law. Provided, however, that where a motor vehicle has been duly registered in the office of the State Revenue Commission, and the number assigned to said vehicle for the year, the ownt:r of said motor vehicle to which said number has been assigned may upon sale or exchange of said motor vehicle, transfer and assign the number assigned to said motor vehicle to the purchaser of said machine, by registering such transfer in the office of the State Revenue Commission and by paying fifty cents (.50), which shall accompany said transfer or registration, and upon said transfer the assignee of said number shall stand in the position of the original person in whose name such number is recorded. (Acts 1927, Page 233; 1931, Pages 7, 34.)" 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 117, the nays 5.
The bill having received the requisite constitutional majority was passed, as amended.
Mr. Strickland of Haralson arose to a point of personal privilege and addressed the House.

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Under the special and continuing 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 Cail of the 17th District-
Senate Bill No. 202.
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 Sylvania 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 exclusively 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 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 Sylvania, in Screven County, Georgia, may issue refunding serial bonds not in excess of the aggregate sum of twenty thousand ($20,000.00) 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, 1940, and providmg 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 Sylvania 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 Mayor and Councilmen and shall be validated by law."
Section 2. Be it further enacted by the authority aforesaid, that when said amendment shall be agreed to by two-thirds 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 Sylvania to issue refunding bonds", and all persons opposed to the adopting of said amendment shall have written or

FRIDAY, MARCH 17, 1939

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printed on their ballots the words, "Against ratification of the amendment of Article 7, Section 7, Paragraph I, of the Constitution, authorizing the City of Sylvania 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.

Section 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:
Those voting in the affirmative were Messrs.:

Aiken Allen Allison of Gwinnett Allison of White Almand Barlow Barrett Beck Bell Bennett of Clarke Bennett of Ware Blackshear Blease Bloodworth Boyd of Cook Boyd of Greene Branch Bray Brooks of Jackson Bruce Bynum Carmichael of Butts Carmichael of Cobb Carrington Cheney Clements of Calhoun Clements of Wheeler Cobb Connell Conner

Cook Culpepper of Fayette Curry Daughtry Davidson Davis of Coweta Davis of Floyd Dean Dickerson Dockery Drake Drinkard Easley Edwards of Taylor Ennis, Marion Etheridge of Baker Etheridge of Fulton Etheridge of Houston Evans of Laurens Evans of McDuffie Ferguson of Camden Ferguson of Sumter Flanders Ford Forrester of Crisp Foster Franklin of Bulloch Gaines Gavin Gill

Goddard Goolsby Gowen Graham Grant Greene Grice Griffin Gross of Stephens Gross of Washington Guyton Harvey Hatchett Henderson Herndon Hill Hinson H oltzendorff Howard Jackson Joel Johnson Jones of Brantley Jones of Paulding Jones of Richmond Kaigler Kelley Kennedy Kimbrough King

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Lanham Lewis Looper Lovett Mankin Marshall Mason Maxwell McCracken McDaniel McGraw Middleton Mills Moore of Taliaferro Morgan Parham Pierce Pilcher Preston

Purdy Ragan Rawlins Reid Rogers Rossee Roughton Rountree Sabados Sams Sanders Sartain Saunders Scott Smiley Smith of Schley Stiles Strickland of Haralson Strickland of Pierce

Summerour Sumner Swindle Tate Terrell Thigpen of Evans Thigpen of Glascock Thornton Tipton Tomlinson Vickery Warren Wells Whipple Whitaker Wiggins Williams of Ware Wohlwender Yeomans

Those not voting were Messrs.:

Ansley Atkinson Binion Brooks of Oglethorpe Bush Campbell Candler Carter Chappell Clark Clary Claxton Clements of Marion Coogler Cor!lett Culpepper of Mitchell Dallis DeFoor Douglass

Edwards of Lowndes Elliott English Ennis, J. H. Forrester of Dade Fowler of Douglas Fowler of Treutlen Franklin of Polk Grayson Harden Hardman Harrison of Crawford Harrison of Jenkins Hayes Kendrick Key Lanier McBride
McNall

Merritt Miller Moore of Lumpkin Mosely Moss Pannell Parker Pharr Rees Sapp Simmons Smith of Henry Tippins Trippe Turner Wages Williams of Bacon Wright Yawn

By unanimous consent, 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.

By Senator Warnell of the 1st District-

Senate Bill No. 177.

FRIDAY, MARCH 17, 1939

1563

A BILL
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, 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 purchasing and/or acquiring lands, sites, buildings and/or improvements located thereon, to be given, granted, leased or otherwise disposed of to the United States of America for the purpose of national defense ; to provide that the funds raised from such additional bonded indebtedness shall be used exclusively for the purchase and/or acquirement of lands, sites, buildings, and improvements, to be accepted and used by the United States Government for national defense purposes; to authorize the assessing and collection of an annual tax sufficient to pay princ::ipal and interest of said bond~ 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 authority of the same, that Article 7, Section 7, Paragraph 1, of the Constitution of the State 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, to-wit:
"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 aggregate sum of Five Hundred Thousand ($500,000.00) Dollars, for the exclusive purpose of purchasing andjor acquiring land and/or sites, and buildings and improvements located thereon, for the purpose of giving, granting, leasing, or otherwise disposing of said lands, and/or sites, and buildings and improvements located thereon, to the United States of America for the purpose of national defense; and shall provide for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest as they become due; said serial bonds so issued shall mature in twenty (20) annual equal amounts beginning ten ( 10) years from the date of issuance and maturing each year thereafter for a period of twenty (20) years. The proceeds of all such serial bonds so issued by the City of Savannah shall be used exclusively for the purpose of giving, granting, leasing, or otherwise disposing of the same to the United States of America for the purpose of national defense, and no such bonds shall be issued or disposed of until and unless the United States of America first agree to accept the same and to use the same for national defense purposes. Said serial bonds shall be issued by the Mayor and Aldermen of the City of Savannah after two-thirds of the qualified voters of the City of Savnnah have authorized the same in an election held in accordance with the provisions of Section 87-201 to 87-204, both inclusive, of the Code of Georgia of 1933. The Mayor and the Aldermen of the City of Savannah are hereby authorized and empowered to fix the rate of interest, the date of issuance and all other details

1564

JOURNAL OF THE HOUSE,

incident to the 1ssue and sale of said bonds. Said bonds shall be validated as pro vided by law."

Section 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 "aye~" and "nays" thereon, and shall be published in one or more newspapers in each Congressional District in the State of Georgia for two 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 amend-
ment to Article 7, Section 7, Paragraph 1, of the Constitution authorizing the City
of Savannah to issue land purchase bonds", and all persons opposed to the adoption of said amendment shall have written or printed on their ballots "Against ratification of amendment to Article 7, Section 7, Paragraph 1, of the Constitution authorizing the City of Savannah to issue land purchase 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 result shall be consolidated as now required by law in election of members of the General Assembly, 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.

Section 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 following House amendment to Senate Bill No. 177 was read and adopted:

Grayson, Atkinson and McNall of Chatham moves to amend Senate Bill No.
177 by inserting immediately after the words "National Defense" wherever they
appear in the caption and body of the bill the words "or other public purpose."

The report of the Committee, which was favorable to the passage of the biil 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:

Those voting in the affirmative were Messrs.:

Aiken Allison of Gwinnett Allison of White Almand Ansley Atkinson Barlow Barrett Beck:

Bell Bennett of Ware Blackshear Blease Bloodworth Boyd of Cook Boyd of Greene Branch Bray

Brooks of Jackson Bruce Bynum Campbell Carmichael of Butts Carmichael of Cobb Carrington Cheney Clary

FRIDAY, MARCH 17, 1939

1565

Claxton Clements of Calhoun Cobb Connell Conner Cook Corbett Culpepper of Fayette Curry Daughtry Davidson Davis of Floyd Dean Dickerson Dockery Drake Drinkard Easley Edwards of Lowndes Edwards of Taylor Elliott Ennis, Marion Etheridge of Baker Etheridge of Fulton Etheridge of Houston Evans of Laurens Evans of McDuffie Ferguson of Camden Ferguson of Sumter Flanders Ford Forrester of Crisp Fowler of Douglas Franklin of Bulloch Gaines Gavin Gill Goolsby Gowen Graham Grayson

Greene Grice Griffin Gross of Washington Guyton Harden Harrison of Crawford Harrison of Jenkins Harvey Hatchett Hayes Henderson Herndon Hill Hinson Holtzendorff Howard Jackson Joel Jones of Brantley Jones of Paulding Jones of Richmond Kendrick Kimbrough King Lanham Lanier Lewis Looper Lovett Mankin Mason Maxwell McBride McCracken McDaniel McGraw McNall Middleton Mills Moore of Taliaferro

Those not voting were Messrs.:

Allen Bennett of Clarke Binion

Brooks of Oglethorpe Bush Candler

Morgan Parham Pharr Pierce Pilcher Preston Purdy Ragan Reid Rogers Roughton Rountree Sabados Sams Sanders Sartain Scott Smiley Smith of Schley Strickland of Haralson Strickland of Pierce Summerour Sumner Swindle Tate Terrell Thigpen of Evans Thigpen of Glascock Thornton Tippins Tipton Tomlinson Vickery Wages Wells Whitaker Wiggins Williams of Ware Wohlwender Yeomans
Carter Chappell Clark

1566

JOURNAL OF THE HOUSE,

Clements of Marion Clements of Wheeler Coogler Culpepper of Mitchell Dallis Davis of Coweta DeFoor Douglass English Ennis, J. H. Forrester of Dade Foster Fowler of Treutlen Franklin of Polk (}oddard (}rant

(}ross of Stephens Hardman Johnson Kaigler Kelley Kennedy Key Marshall
Merritt Miller Moore of Lumpkin Mosely Moss Pannell Parker Rawlins

Rees Rossee Sapp Saunders Simmons Smith of Henry Stiles Trippe Turner Warren Whipple Williams of Bacon Wright Yawn

By unanimous consent, verification of the roll call was dispensed with.
On the passage of the bill, as amended, the ayes were 149, the nays 0.
Th.e bill having received the requisite two-thirds constitutional majority wa& passed as amended.
By unanimous consent, the bill was ordered immediately transmitted to the Senate. By Senator Dorminy of the 45th District-
Senate Bill No. 100.

A BILL
To be entitled an Act to propose to the qualified voters of (}eorgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of (}eorgia, so as to authorize the City of Ocilla, (}eorgia, incur a bonded indebtedness in addition to that heretofore authorized by the Constitution and laws of (}eorgia, for the purpose of refunding and retiring its existing bonded indebtedness due up to and including January 1, 1939, and shall become due up to and including January l, 1943; 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, 1943; 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 (}eneral Assembly of the State of (}eorgia, and it is 'hereby enacted by the authority of the same, that Article 7, Section 7, Paragraph 1, of the Constitution of the State of (}eorgia which has heretofore been amended, shall be further amended by adding at the end thereof a new paragraph in the following words, to-wit:

FRIDAY, MARCH 17, 1939

1567

"And except that the City of Ocilla, Georgia, may issue refunding bonds not in excess of the aggregate sum of $28,000.00 for the purpose of refunding and retiring any bonded indebtedness of said City <Jf Ocilla outstanding, past due r.nd unpaid on January 1, 1939, and any bonded indebtedness of said city outstanding and which becomes due up to and including January I, 1943, and provide for the assessment and collection of a tax, annually, sufficient in amount to pay the principal and interest of said bonds as they shall become due; the proceeds of all such refunding bonds so issued by the City of Ocilla; Georgia, to be used exclusively for the purpose of paying off and retiring said bonded indebtedness that is now or may become due and unpaid as of January 1, 1943. Said refunding bonds shall be issued when authorized by a vote of the Mayor and Council of the City of Ocilla, Georgia, and shall be validated."

Section 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 ac 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 Ocilla 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 City of Ocilla 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 have been consolidated a$ now provided and 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 of Georgia, and the Governor shall make a proclamation therefor, as provided by law.
Section 3. 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 biil 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.:

Aiken Allen Allison of Gwinnett Allison of White Atkinson

Barlow Barrett Beck Bell Bennett of Clarke

Bennett of Ware Blackshear Blease Bloodworth Boyd of Greene

1568

JOURNAL OF THE HOUSE,

Branch Bray Brooks of Jackson Bruce Bynum Campbell Carmichael of Butts Carmichael of Cobb Carrington Carter Cheney Clary Claxton Clements of Marion Clements of Wheeler Cobb Conner Cook Corbett Curry Daughtry Davidson Davis of Floyd Dean Dickerson Dockery Drake Drinkard Easley Edwards of Lowndes Edwards of Taylor Elliott Ennis, Marion Etheridge of Baker Etheridge of Fulton Etheridge of Houston Evans of Laurens Evans of McDu.ffie Ferguson of Camden Ferguson of Sumter Flanders Ford Forrester of Crisp Foster Fowler of Douglas

Franklin of Polk Gaines Gavin Gill Goddard Goolsby Gowen Graham Grant Grayson Greene Grice Griffin Gross of Washington Guyton Harden Harrison of Crawford Harvey Hatchett Hayes Henderson Herndon Hill Hinson Jackson
Joel Jones of Paulding Jones of Richmond Kaigler Kendrick Kimbrough King Lanham Lanier Lewis Looper Mankin Marshall Mason Maxwell McBride McCracken McDaniel McGraw McNall

Mills Moore of Taliaferro Morgan Parham Parker Pharr Pierce Pilcher Preston Purdy Ragan Reid Rogers Rossee Roughton Rountree Sabados Sams Sartain Scott Smiley Smith of Henry Smith of Schley Strickland of Haralson Strickland of Pierce Summerour Swindle Tate Thigpen of Evans Thigpen of Glascock Thornton Tippins Tipton Vickery Wages Warren Wells Whipple Whitaker Wiggins Williams of Bacon Williams of Ware Wohlwender Yeomans

FRIDAY, MARCH 17, 1939

1569

Those not voting were Messrs.:

Almand Ansley Binion Boyd of Cook Brooks of Oglethorpe Bush Candler Chappell Clark Clements of Calhoun Connell Coogler Culpepper of Fayette Culpepper of Mitchell Dallis Davis of Coweta DeFoor Douglass English

Ennis, J. H. Forrester of Dade Fowler of Treutlen Franklin of Bulloch Ciross of Stephens Hardman Harrison of Jenkins Holtzendorff Howard Johnson Jones of Brantley Kelley Kennedy Key Lovett Merritt Middleton Miller Moore of Lumpkin

Mosely Moss Pannell Rawlins Rees Sanders Sapp Saunders Simmons Stiles Sumner Terrell Tomlinson Trippe Turner Wright Yawn

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

On the passage of the bill, the ayes were 150, the nays 0.

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

By Senator Mceiinty of the 43rd District-
Senate Bill No. 69. A bill to be entitled an Act making additions to the law of libel by newspapers, magazines or periodicals; and for other purpos'!s.

Mr. Bennett of Ware moved the previous question, the motion prevailed, 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. Williams 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.:

Aiken Allen Almand Ansley Atkinson

Barlow Barrett Bell Bennett of Clarke Bennett of Ware

Blackshear Blease Boyd of Cireene Branch Candler

1570

JOURNAL OF THE HOUSE,

Carmichael of Cobb Carrington Chappell Clark Cobb Connell Conner Cook Corbett Curry Dallis Daughtry Davidson Dickerson Dockery Douglass Drake Drinkard Easley Edwards of Lowndes Ennis, J. H. Ennis, Marion Etheridge of Fulton Etheridge of Houston Evans of Laurens Ferguson of Camden Ferguson of Sumter Flanders Ford Forrester of Crisp Fowler of Douglas Fowler of Treutlen Franklin of Polk Gill

Goddard Gowen Graham Grayson Greene Grice Griffin Gross of Stephens Gross of Washington Harrison of Jenkins Harvey Henderson Hill Hinson Holtzendorff Jackson Joel Jones of Paulding Jones of Richmond Kendrick Kennedy Lanham Lanier Lewis Lovett Mankin Marshall Mason Maxwell Miller Moore of Lumpkin Moore of Taliaferro Morgan Parham

Those voting in the negative were Messrs.:

Brooks of Jackson Bynum Carmichael of Butts Carter Cheney Clary Clements of Marion Davis of Coweta DeFoor Edwards of Taylor

Etheridge of Baker Evans of McDuffie Foster Franklin of Bulloch Gaines Gavin Goolsby Guyton Harrison of Crawford Hatchett

Pharr Preston Purdy Rees Reid Rogers Rossee Roughton Rountree Sabados Sams Sanders Sapp Scott Smiley Smith of Henry Strickland of Haralson Strickland of Pierce Swindle Thigpen of Evans Thornton Tippins Tipton Trippe Turner Vickery Wells Whitaker Wiggins Williams of Ware Wohlwender Yeomans
Herndon Howard Johnson Kaigler Kimbrough King Looper McDaniel Middleton Mills

FRIDAY, MARCH 17, 1939

1571

Mosely Pierce Sartain Saunders

Smith of Schley Stiles Sumner Tate

Thigpen of Glascock Tomlinson Wages Wright

Those not voting were Messrs.:

Allison of Gwinnett Allison of White Beck Binion Bloodworth Boyd of Cook Bray Brooks of Oglethorpe Bruce Bush Campbell Claxton Clements of Calhoun Clements of Wheeler Coogler Culpepper of Fayette

Culpepper of Mitchell Davis of Floyd Dean Elliott English Forrester of Dade Grant Harden Hardman Hayes Jones of Brantley Kelley Key McBride McCracken McGraw

McNall Merritt Moss Pannell Parker Pilcher Ragan Rawlins Simmons Summerour Terrell Warren Whipple Williams of Bacon Yawn

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

On the passage of the bill, the ayes were 115, the nays 42.

The bill having received the requisite constitutional majority was passed.

The following report of the Committee of Conference on House Bill No. 637 was submitted, read and adopted:

Mr. Speaker:
Your conference committee appointed on House Bill No. 637, submit the following report:

1. The Senate recedes from its position as to its amendment or substitute for 'said House bill.
2. Your committee amends said House Bill No. 637 by striking from Section 3, thereof, the figures "$7,000.00," and substituting in lieu thereof the figures "$9,000.00.,

Respectfully su)nnitted,

On the Part of the Senate: Harrell of the 7th District. Smith of the 24th District. V. C. Daves of the 14th District.

On the Part of the House: Culpepper of Fayette. Harrison of Jenkins. Gray5on of Chatham.

1572

JOURNAL OF THE HOUSE,

The following message was received from the Senate through Mr. Hammond, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House amendment to the following bill of the Senate, to-wit:
By Senator Dunn of the 22nd District-
Senate Bill No. 14. A bill to repeal the Code so as to advertise Georgia as the "Peach State" on motor vehicle tags; 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. Jones of Brantley-
House Bill No. 84. A bill changing the time of holding Superior Court 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 substitute by the requisite constitutional majority the following bill of the House, to-wit:
By Mr. Whitaker of Appling-
House Bill No. 544. A bill amending the Act creating a board of Commissioners of Roads and Revenues for Appling County; and for other purposes.
The following message was received from the Senate through l\!Ir. 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. Kennedy of Tattnall-
House Bill No. 793. A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Tattnall, providing for five members instead of four; and for other purposes.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:

FRIDAY, MARCH 17, 1939

1573

Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following bill of the House, to-wit:
By Messrs. Atkinson and Grayson of Chatham-
House Bill No. 757. A bill to amend the several Acts incorporating the City of Savannah, so as to provide for the extension of the corporate limits of said city; and for other purposes.
The following bill of the House was taken up for the purpose of considering the Senate amendment thereto:
By Messrs. Atkinson and Grayson of Chatham-
House Bill No. 757. A bill to be entitled an Act to amend the several acts relating to the Mayor and Aldermen of the City ot Savannah; and for other purposes.
The following Senate amendment to House Bill No. 757 was read and agreed to:
The Senate moves to amend House Bill No. 757 by adding the following sections to said bill, in place of Sections 3 and 4 of the bill as passed by the House:
"Section 3. Be it further enacted by the authority aforesaid, that the Board of Education of Chatham County, Georgia, shall be and is hereby required to furnish to the school children of the area included in this bill the same transportation facilities to and from school that are now being enjoyed by such school children; it being the purpose of this section to preserve to the children of this area the same privileges they now enjoy by reason of living outside of the city limits of Savannah.
"Section 4. Be it further enacted by the authority aforesaid that by July 1, 1940, the Mayor and Aldermen of the City of Savannah shall furnish to the settled area included in this Act, reasonable police, health, and garbage disposal services, and that as soon as practicable thereafter, the said Mayor and Aldermen shall furnish to the densely populated area included herein reasonable water, drainage, and other municipal facilities."
Sections 3 and 4 of the bill shall be numbered Sections 5 and 6.
The following bill of the House was taken up for the purpose of considering the Senate amendment thereto:
By Mr. Jones of Brantley-
Hause Bill No. 84. A bill to be entitled an Act to change the time of holding the Superior Court of Brantley County; and for other purposes.
The following Senate amendment to House Bill No. 84 was read and agreed to:
The Senate moves to amend House Bill No. 84 by striking Section 1 and sub-

1574

JOURNAL OF THE HOUSE,

stituting in lieu thereof a new section to be numbered Section 1 and to read as follows:
"That on September 1, 1939, after the passage of this Act, the Superior Court of Brantley County, Georgia, shall be held on the first Monday in September and the third Monday in January in each year and the first term of said court to be held under the provisions of this Act shall be the first Monday in September, 1939."
Under the special and continuing 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 Abbot of the 18th District-
Senate Bill No. 98. A bill to be entitled an Act to amend an Act to provide for the formation of non-profit membership corporations for the purpose of engaging in rural electrification; and for other purposes.
The report of the Committee. which was favorable to the passage of the bill was agreed to.
On the passage of the bill, the ayes were 123, 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. 49, Unemployment Compensation Bill, was submitted and read:

REPORT OF THE JOINT CONFERENCE COMMITTEE ON HOUSE BILL NO. 49

Mr. President:

Mr. Speaker:

We, the undersigned committee of the Senate and of the House, for a conference on the differences between the House and Senate on House Bill No. 49 beg leave to make the following report:

That the House recede from its position in failing to adopt the Senate Amendment, known as Amendment No. 13 to House Bill No. 49, and we recommend that the House recede from its objection and adopt Senate Amendment No. 13.

House Conferees: Allen of Dougherty. Gross of Stephens. Grayson of Chatham.

Senate Conferees: Paul L. Lindsay,
Senator from 34th District. A. N. Durden,
Senator from lOth District. V. C. Daves,
Senator from 14th District.

Mr. Grayson of Chatham moved the previous question, and the motion prevailed.

FRIDAY, MARCH 17, 1939

1575

On the question of agreeing to the report of the Committee of Conference, Mr. Forrester of Crisp moved the ayes and nays, and the call was sustained.

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

Those voting in the affirmative were Messrs.:

Aiken Allen Almand Atkinson Bell Blackshear Bloodworth Branch Carmichael of Butts Chappell Clary Clements of Calhoun Conner Corbett Davidson Davis of Floyd Dean Douglass Drake Ennis, J. H. Ennis, Marion Etheridge of Baker Etheridge of Fulton Etheridge of Houston Evans of Laurens Flanders Foster Fowler of Douglas

Gaines Gavin Goddard Gowen Graham Grayson Greene Grice Griffin Gross of Stephens Gross of Washington Harrison of Crawford Harrison of Jenkins Harvey Hatchett Hayes Herndon Holtzendorff Jackson Jones of Richmond Kendrick Key Lanham Lanier Lewis Mankin Marshall Mason

McCracken McDaniel McGraw McNall Middleton Miller Moore of Lumpkin Moore of Taliaferro Pilcher Preston Purdy Rossee Sartain Saunders Scott Smith of Henry Swindle Tate Terrell Thigpen of Evans Tipton Trippe Vickery Wages Wells Whitaker Williams of Bacon

Those voting in the negative were Messrs.:

Allison of White Barlow Blease Boyd of Cook Brooks of Oglethorpe Bruce Bush Bynum Candler Carmichael of Cobb Cheney

Clements of Marion Clements of Wheeler Cobb Cook Culpepper of Fayette Curry Davis of Coweta DeFoor Drinkard Easley Edwards of Lowndes

Edwards of Taylor Elliott Evans of McDuffie Ferguson of Camden Ferguson of Sumter Ford Forrester of Crisp Franklin of Bulloch Goolsby Guyton Harden

1576

JOURNAL OF THE HOUSE,

Hill Hinson Howard Jones of Brantley Jones of Paulding Kimbrough King Looper Maxwell McBride Mills Mosely Pannell

Parham Pharr Pierce Reid Rogers Roughton Rountree Sabados Sams Sanders Sapp Smiley Smith of Schley

Stiles Strickland of Haralson Strickland of Pierce Summerour Sumner Thigpen of Glascock Thornton Tomlinson Williams of Ware Wohlwender Wright

Those not voting were Messrs.:

Allison of Gwinnett Ansley Barrett Beck Bennett of Clarke Bennett of Ware Binion Boyd of Greene Bray Brooks of Jackson Campbell Carrington Carter Clark Claxton Connell Coogler

Culpepper of Mitchell Dallis Daughtry Dickerson Dockery English Forrester of Dade Fowler of Treutlen Franklin of Polk Gill Grant Hardman Henderson Joel Johnson Kaigler Kelley

Kennedy Lovett Merritt Morgan Moss Parker Ragan Rawlins Rees Simmons Tippins Turner Warren Whipple Wiggins Yawn Yeomans

By unanimous consent, the roll call was verified.

On the question of agreeing to the report of the Committee of Confereace on House Bill No. 49, the ayes were 83, the nays 70.

The report of the Committee of Conference on House Bill No. 49 was disagreed to.

Mr. Gross of Stephens moved that the House recess for one hour, and the motion prevailed.

The Speaker called the House to order. The following resolution of the House was read:

3:00 O'Clock, P.M.

FRIDAY, MARCH 17, 1939

1577

By Messrs. Sartain of Walker and McCracken of Jefferson-
House Resolution No. 201.
A RESOLUTION
Resolved by the House that the Speaker of the House and his Secretary and Stenographer, and the Clerk of the House, be, and their action is hereby affirmed, in coming to the Capitol ten days before the General Assembly convened to make preparations for the opening thereof, and that they are hereby authorized to remain at the Capitol ten days after the adjournment of the General Assembly, for the purpose of affixing their official signatures to all bills and resolutions passed previous to said adjournment, and for the purpose of completion of records, bills, etc., which are necessary, and that they be allowed their per diem for said times.
Resolved that the Chairman, respectively, of the Engrossing, Enrollment and Auditing Committees, and not to exceed five members of 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 for said time.
Resolved, the Postmistress of the House and her Assistant be, and she is hereby authorized to remain, at the Capitol five days after the adjournment of the General Assembly for the purpose of distributing and forwarding members' mail, and that she be allowed her per diem for said time.
Resolved further, that the Chairman, respectively, of the Committee on Appropriations be, and he is hereby authorized to remain, at the Capitol five days after adjournment of the General Assembly to ascertain and certify the correctness of the General Appropriations Bill and that he be allowed his per diem for said time.
Resolved further, that three porters of the House be, and they are hereby authorized to remain, at the Capitol six days after adjournment of the General Assembly, and that they be allowed their per diem for said time.
The following amendment to House Resolution No. 201, was read and adopted:
Mr. Evans of McDuffie moves to amend House Resolution No. 201, by striking therefrom in its entirety all references to Chairman of the Appropriations Committee.
The resolution, as amended, was adopted.
The following resolution of the House was read and adopted:
By Messrs. Harris, Lanier and Jones of Richmond, Edwards of Lowndes and Kendrick of Fulton-
House Resolution No. 202.

1578

JOURNAL OF THE HOUSE,

A RESOLUTION
Whereas, the American taxpayers are providing billions of dollars for relief; and
Whereas, there are increasing rumors of padded payrolls and unwarranted use of foods and clothing by those in charge of WPA offices; and
Whereas, actual want and hunger continues to grow among the sick and afflicted, and among those that are on or should be on the WPA rolls for relief purposes; and
Whereas, when the different relief organizations are called upon to give a list of their office employees, their names, salaries, addresses and titles, and a list of administrative expenses, the public is denied this information and nothing given to the public; and
Whereas, the above stated facts have recently been discussed through papers published in Georgia;
Now, therefore, be it resolved by the House of Representatives of Georgia that the public, upon the recommendation of any grand jury in any county in any State calling for specific information, be given the information upon such grand jury-.; request, and that this information be given promptly through the relief offictals when called upon so to do, and that the Congress of the United States do pass a joint resolution so directing and setting up the machinery to promptly furnish the information requested when requested, by a grand jury in any county in the United States, and authorizing the grand jury to make public the information furnished;
Resolved further, that a copy of this resolution be forwarded to the President of the United States, and each of the Senators from Georgia in the Senate of the United States, and to each of the Representatives from Georgia in the House of Representatives of the United States, and to Honorable Frank C. Harrington, Administrator of WPA, Washington, D. C., and a copy to Miss Gay B. Shepperson, State Director of WPA, for Georgia.
Under the special and continuing 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. 68. A bill to be entitled an Act to amend an Act creating the Charter of the City of Atlanta, relating to salaries of officers and employees; and for other purposes.
The following House amendment to Senate Bill No. 68 was read and adopted:
Mrs. Mankin of Fulton moves to amend Senate Bill No. 68 as follows:
By adding to the first ( 1) Section thereof, following the word "January" the words "And July" and by changing the word 'month" where same appears in this section to "months."

FRIDAY, MARCH 17, 1939

1579

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.
The following resolution of the House was read and adopted:
By Messrs. Conner of Dooly and Reid and Beck of Carroll-
House Resolution No. 203. A resolution urging the National Congress to pass a resolution to pay the family of S. F. Sewell, adequate and reasonable compensation due to the untimely death of Mr. Sewell, while in the employ of the Works Progress Administration; and for other purposes.
Under the special and continuing 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 Mavity of the 44th District-
Senate Bill No. 76. A bill to be entitled an Act to amend the Highway Mileage Act, by adding a road beginning at the Tennessee line; and for other purposes.
The report 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 Senator Cail of the 17th District-
Senate Bill No. 25. A bill to be entitled an Act to regulate the hunting of certain game in Screven, Bulloch and Bryan Counties; and for other purposes.
The following House amendments to Senate Bill No. 25 were read and adopted:
Messrs. Aiken of Bulloch and Gill of Bryan move to amend Senate Bill No. 25 by striking from the caption the words Bulloch and Bryan and further move to amend Section 1 of the said bill by striking therefrom the words "Bryan and/or Bulloch."
Senate Bill No. 25. Mr. Hill of Screven moves to amend Senate Bill No. 25 by adding the word "inclusive" after the word "four" on line five of Section 2, and by adding the word "inclusive" after the word "four" on line eight of Section 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 105, the nays 0.

1580

JOURNAL OF THE HOUSE,

The bill having received the requisite constitutional majority was passed as amended.
By Senator Palmour of the 33rd District-
Senate Bill No.5. A bill to be entitled an Act to repeal Section 95-2111 and to amend Section 95-2112, in regard to the bonded indebtedness of counties; and for other purposes.
The following House amendment to Senate Bill No. 5 was read and adopted:
Mr. Blackshear of Hall County offers the following amendments to Senate
Bill No. 5, to-wit:
1. Said Senate Bill No. 5 is hereby amended by striking the caption thereof
and inserting in lieu thereof a new caption to read as follows:
A BILL
"To be entitled an Act to repeal in its entirety Section 95-2111 of the 1933 Code, which said section relates to the proper application of funds received or realized from the certificates of indebtedness issued by the State Highway Department to the several counties and to the Coastal Highway District for assessments against said counties and district for construction of State Aid roads under supervision of the State Highway Department prior to September 1, 1931, and to enact in lieu thereof a new Code Section 95-2111 so as to provide for the proper payment to private contributors of the amounts contributed by them in the construction of State Aid roads under the supervision of the Highway Department prior to September 1,
1931; to repeal in its entirety an Act approved February 5, 1938, (Georgia Laws,
Extra Session 1937-1938, pages 485-488), entitled 'An Act to amend an Act approved March 1, 1933 (Georgia Laws, 1933, pages 161-172), entitled 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 Geor-
gia, proposed by the General Assembly of Georgia by an Act approved August 25, 1931 (Georgia Laws, 1931, pages 97-10 I), and ratified in the manner prescribed in
said Act at the general election held in the Statl! of Georgia on November 8, 1932; to declare and define the amount of indebtedness of the several counties of this State, and the Coastal Highway District, liable for payment under the provisions of said amendment; to provide for annual installments and the maturities thereof for the payment of said indebtedness; to provide a method for issuing certificates of indebtedness and form therefor; to prescribe the manner of execution and delivery of such certificates; to provide for the transfer or negotiation of such certificates; to declare such certificates as instruments of government and non-taxable ; to provide a penalty for forging or counterfeiting the same; to provide for the disposition of funds realized or received from said certificates of indebtedness; to provide for the adjudication of differences between any of the several counties hereinafter named and/or the Coastal Highway District, on the one hand, and the State Highway Department on the other; to provide for establishment of any original lost o~ destroyed certificates of indebtedness heretofore issued by the State High-

FRIDAY, MARCH 17, 1939

1581

way Department to any county or district; and for other purposes'; and to repeal in its entirety Section 95-2112 of the 1933 Code, ~hich said section relates to the purposes for which certificates of indebtedness issued by the State Highway Department to the several counties and to the Coastal Highway District for assessments against said counties and District for construction of State Aid roads under supervision of the State Highway Department prior to September 1, 1931, may be sold, and to enact in lieu thereof a new Code Section 95-2112 so as to provide that said certificates may be sold for the purpose of paying any proper and legal county debt, and so as to provide that said certificates shall not be sold at a greater discount than 5% per annum; and for other purposes."
2. Said Senate Bill No. 5 is hereby further amended by striking Section 1 of
said Senate Bill in its entirety and inserting in lieu thereof a new Section 1 to read as follows:
Section l.
"That Section 95-2111 of the 1933 Code, which said section relates to the proper application of funds received or realized from the certificates of indebtedness issued by the State Highway Department to the several counties and to the Coastal Highway District for assessments against said counties and District for construction of State Aid roads under the supervision of the State Highway Department prior to September 1, 1931, be, and the same is hereby repealed in its entirety, and there is hereby enacted in lieu thereof a new Section 95-2111 to read as follows:
'95-2111. Where private persons contributed to any fund or funds used in the construction and/or paving of i:he public roads or highways (including bridges) of the State which were a part of the State Aid roads of the Highway System, and said work was done under the supervision of the Highway Department, prior to September 1, 1931, and for which Highway certificates are issued to the counties; the governing authorities of the several counties 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, 10% of the amount of such contributions, as included in said highway certificates, upon the maturity and payment to said counties of each of the aforesaid certificates of indebtedness.' "
3. Said Senate Bill No. 5 is hereby further amended by adding a new Section
thereto to be designated as Section 1-A, which said new Section 1-A shall read a~ follows:
Section 1-A.
"That an Act approved February 5, 1938, (Georgia Laws, Extra Session 19371938, pages 485-488), entitled 'An Act to amend an Act approved March 1, 1933, (Georgia Laws 1933, pages 161-172), entitled an Act to enable the State Highway Department of Georgia to effectually carry out and put into effect the provisions

1582

JOURNAL OF THE HOUSE,

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, pages 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; to declare and define the amount of indebtedeness of the several counties of this State, and the Coastal Highway District, liable for payment under the provisions of said amendment; to provide for annual installments and the maturities thereof for the payment of said indebtedness; to provide a method for issuing certificates of indebtedness and form therefor; to prescribe the manner of execution and delivery of such certificates; to provide for the transfer or negotiation of such certificates; to declare such certificates as instruments of government and non-taxable; to provide a method of registration for such certificates; to provide a penalty for forging or counterfeiting the same; to provide for the disposition of funds realized or received from said certificates of indebtedness; to provide for the adjudication of differences between any of the several counties hereinafter named and/or the Coastal Highway District, on the one hand, and the State Highway Department on the other; to provide for establishment of any original lost or destroyed certificates of indebtedness heretofore issued by the State Highway Department to any county or district; and for other purposes', be, and the same is hereby, repealed in its entirety."
4. Said Senate Bill No. 5 is hereby further amended by striking Section 2 of
said Senate Bill in its entirety, and inserting in lieu thereof a new Section 2 to read as follows:
Section 2.
"That Section 95-2112 of the 1933 Code, which said section relates to the purposes for which certificates of indebtedness issued by the State Highway Department to the several counties and to the Coastal Highway District for assessments against said counties and District for construction of State Aid roads under the supervision of the State Highway Department prior to September 1, 1931, may be sold, be, and the same is hereby repealed in its entirety, and there is hereby enacted in lieu thereof a new Code Section 95-2112 to read as follows:
'95-2112. Sale of Certificates.-Said political subdivisions are hereby authorized to sell any of the said certificates of indebtedness of said State Highway Department for the purpose of paying any proper and legal county debt; Provided, that in the event of sale the same shall not be discounted at a rate exceeding 5% per annum.'"
The following amendment to the amendment to Senate Bill No. 5, was read and adopted :
Messrs. Blackshear of Hall and Culpepper of Fayette-
Move to strike Section 2 of the Amendment to Senate Bill No. 5.
The report of the Committee which was favorable to the passage of the bill was agreed to as amended.

FRIDAY, MARCH 17, 1939

1583

By unanimous consent, the House reconsidered its action in agreeing to the report of the Committee.
Mr. Bell of Gray moved that the bill be referred to a sub-committee to study the bill and report back to the House.
As a sub-committee to study the bill, the Speaker appointed the following members of the House:
Messrs. Bell of Grady,
Blackshear of Hall, and
Atkinson of Chatham.
By Senators Holt of the 3rd, Brooks of the 8th, McGinty of the 43rd, Chastain of the 41st and Durden of the lOth Districts-
Senate Bill No. 144. A bill to be entitled an Act to regulate the powers of the co-operative associations organized under the co-operative marketing Act; and for other purposes.
The report of the Committee which was favorable to the passage of the bill was agreed to.
On the passage of the bill, the ayes were 118, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Senators Thomason of the 28th and Causey of the 46th Districts-
Senate Bill No. 117. A bill to be entitled an Act to regulate the Chiropractic Practice m the State with reference to eligibility to practice; and for other purposes.
The report 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 Senator Brinson of the 42nd DistrictSenate Bill No. 219. A bill to be entitled an Act to amend an Act changing
the classes and amounts of commissions allowed Tax Receivers and Tax Collectors of the State and County taxes; and for other purposes.
The following House amendment to Senate Bill No. 219 was read and adopted:
Mrs. Mankin moves to amend Senate Bill No. 219 by adding at the end of Section 3, the following:.
"Provided, however, that in counties having a population of two hundred thou sand or more according to the census of 1930 where the tax commissioner or tax

1584

JOURNAL OF THE HOUSE,

collector, as the case may be, is on a salary the commissions referred to herein shall be paid into the treasury of such counties."
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 1.
The bill having received the requisite constitutional majority was passed as amended.
The following resolution of the House was read and adopted:
By Messrs. Foster of Towns, Grant of Habersham, Goddard of Spalding and Cook of Chattooga-
House Resolution No. 204.
A RESOLUTION
Whereas, the wife of the Hon. Jim Clark, representative m this body from Catoosa County, has just been seriously ill in the hospital;
Whereas, this body is in sincere sympathy with our friend, Mr. Clark;
Therefore, be it resolved by the House of Representatives that its best wishes for a speedy recovery of his wife be extended to Mr. Clark.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House ameadments to the following bills of the Senate, to-wit:
By Senator Cail of the 17th DistrictSenate Bill No. 25. A bill to regulate the hunting of deer, squirrel and quail
in Screven and Bulloch Counties; and for other purposes.
By Senator Millican of the 52nd DistrictSenate Bill No. 68. A bill to amend an Act establishing a new Charter for the
City of Atlanta.
The Senate recedes from its position and withdraws Amendment No. 2 to the following bill of the House, to-wit:
By Messrs. Gowan of Glynn, Ferguson of Camden, and othersHouse Bill No. 354. A bill amending the Code of which sections provide for
an open season for hunting in certain territory in this State; and for other purposes.
The Senate disagrees to the House amendment to the following bill of the Senate, to-wit:

FRIDAY, MARCH 17, 1939

1585

By Senator Brinson of the 42nd District-
Senate Bill No. 219. A bill to amend an Act changing the classes and amounts of commissions allowed the Tax Receivers and Tax Collectors of State and County taxes; 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. Culpepper of Fayette-
House Bill No. 637. A bill creating a State Division of Confederate Pensions and Records; 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 Williams of the 31st District-
Senate Resolution No. 52. A resolution naming the bridge over the Chattahoochee River, between Habersham and White Counties, The Sidney Lanier Bridge.
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 Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton-
House Bill No. 270. A bill to provide for and regulate compensation of Court Reporters in the Superior Courts of counties having a population of 200,000 or more; and for other purposes.
Under the special and continuing 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 Abbot of the 18th, Brown of the 4th and Causey of the 46th Districts-
Senate Bill No. 156. A bill to be entitled an Act repealing an Act to prescnbe

1586

JOURNAL OF TH"E HOUSE,

the manner of incorporating the towns and villages ot this 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 104, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Senator Millican of the 52nd District-
Senate Bill No. 172. A bill to be entitled an Act to aid the Western and Atlantic Railroad by the creation of a commission authorized to contract in the name and on behalf of the State of Georgia for the construction, occupancy, use and maintenance of income producing buildings; and for other purposes.
Mr. Jones of Richmond moved the previous question, the motion prevailed, and the main question ordered.
The following House amendments to Senate Bill No. 172 were read and adopted:
Mr. Evans of McDuffie moves to amend Senate Bill No. 172 by adding a new section immediately before the repealing clause, to be appropriately numbered and to read as follows:
Section 5 A. That any contract made by said Commission herein provided for
shall be submitted to the General Assembly meeting next after the execution of said contract for approval or disapproval, and unless approved by said General Assembly, said contract shall be void.
Messrs. Connell of Lowndes, Carmichael of Cobb and Grayson of Chatham moves to amend Senate Bill No. 172 by striking in Section (5) the following:
"Shall pay taxes to the State of Georgia, the County of Fulton, and the City of Atlanta upon the building or buildings occupying said property on the same basis as is now being paid" and by inserting in lieu thereof the following: "The lessee or lessees shall pay taxes on any such extension of the present lease or leases on a basis as may be hereafter provided by the General Assembly of Georgia and by the local governing authorities of the County of Fulton, and/or the City of Atlanta."
Mr. Lewis of Burke moved that the House reconsider its action in adopting the amendment offered by Mr. Connell of Lowndes and others, and the motion was lost.
The following House amendment to Senate Bill No. 172 was read:
Mr. Carmichael of Cobb moves to amend Senate Bill No. 172 by striking Sec-
tion 5 thereof in its entirety.

FRIDAY, MARCH 17, 1939

1587

On adoption of the amendment, Mr. Jones of Brantley moved the ayes and nays, and the call was not sustained.
On the adoption of the amendment, the ayes were 23, the nays 84.
The amendment was lost.
Messrs. Jones of Brantley, Sanders of Banks and Davis of Coweta requested that the Journal show that they voted for the adoption of the amendment.
The following House amendment to Senate Bill No. 173 was read and adopted:
Mr. Carmichael of Cobb moves to amend Section 4 of Senate Bill No. 172 by striking the words "by appointment of the Commission upon a majority vote thereof" and inserting in lieu thereof "by election by a majority of the members elected to the House of Representatives, the Senate concurring."
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 not sustained.
On the passage of the bill, the ayes were 111, the nays 16.
The bill having received the requisite constitutional majority was passed, as amended.
Messrs. Sanders of Banks, Jones of Brantley and Davis of Coweta requested that the Journal show they voted against the passage of the bill.
Mr. Atkinson of Chatham requested that the Journal show him as not voting.
The following resolution of the House was read and adopted:
By Messrs. Evans of McDuffie and Forrester of Crisp--
House Resolution No. 205.
Whereas, a Senate Committee has adversely reported the resolution known as the Economy Committee Resolution, providing for a joint House and Senate Committee to remain in session to effect economies through recommendations after sine die adjournment of the present session of the General Assembly,
And whereas said action of the Senate is equivalent to killing said resolution for the session, as the Senate has adjourned without reading said resolution a second time,
And whereas the people of this State are anxious for these economies to be made if possible, and are anxious for a thorough investigation of all State Departments,
Therefore, Be it resolved by the House of Representatives that the Economy

1588

JOURNAL OF THE HOUSE,

Committee of the House of Representatives be authorized to continue in session after sine die adjournment of the present session of the General Assembly, and that they be empowered to investigate all departments of the State Government, and make recommendations to the governor and to the next session of the General Assembly, and that such committee may stay in session for a period of not exceeding ninety days; and shall receive as compensation therefor the sum of $7.00 per day for each member, with such clerical help as they may deem proper, compensation not to exceed $15.00 per day, and that such sums be paid out of the appropriation for the House of Representatives.
Be it further resolved by the House of Representatives that the personnel of said Committee be the same, unless by resignation there should be a vacancy, and in that event said Committee shall be authorized to elect a successor to fill such vacancy.
Mr. Wohlwender of Muscogee moved that the House do now adjourn until 9:00 o'clock tomorrow morning.
The motion to adjourn was lost.
Under the special and continuing 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 Palmour of the 33rd District-
Senate Bill No. 200. A bill to be entitled an Act to amend Chapter 95-18 of the Code of Georgia of 1933, relating to the designation of railroad crossings as safe or unsafe; and for other purposes.
The report 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 3.
The bill having received the requisite constitutional majority was passed.
Mrs. Mankin of Fulton moved that the House recede from its position on the House amendment to the following bill of the Senate and the motion prevailed.
By Senator Brinson of the 42nd District-
Senate Bill No. 219. A bill to be entitled an Act to amend an Act changing the classes and amounts of commissions allowed to Tax Receivers and Tax Collectors of State and County taxes; and for other purposes.
Under the special and continuing 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 Cail of the 17th, Daves of the 14th, Dorminy of the 45th, and Holt of the 3rd Districts-

FRIDAY, MARCH 17, 1939

1589

Senate Bill No. 29. A bill to be entitled an Act to prohibit the State Board of Medical Examiners and State Board of Pharmacy Examiners from issuing licenses to persons other than American citizen; and for other purposes.

The following House Committee amendment to Senate Bill No. 29, was read and adopted:

SECTION 2.

BE IT FURTHER ENACTED by the authority aforesaid that any person who was not born or naturalized in the United States or who is not a citizen of the United States and who obtains, after the passage of this Act, a license to practice medicine or pharmacy in this State shall be guilty of a misdemeanor, and shall be punished as prescribed in Section 27-2506 of the Code of Georgia of 1933. Provided; that notwithstanding the foregoing provisions, any person residing in Georgia at the time of the passage of this Act and who has been a resident of Georgia not less than three months, and who has been a practicing physician in a foreign state or country for at least twenty years, and can show that he is a graduate of a medical school approved by the Association of American Medical Colleges, or the State Board of Medical Examiners of Georgia, and who shall have filed his first citizenship papers, shall be entitled to take the examination given by the Medical Board to applicants for a license to practice medicine in this State, and upon passing such examination shall be entitled to a temporary license to practice medicine in this State, which license shall be good for six years only; at the -end of six years if such person shall have become a naturalized citizen of the United States a permanent license shall be issued him; if he has not become a naturalized citizen no further license shall be issued him.

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

On the passage of the bill, the roll call was ordered and the vote was a follows:

Those voting in the affirmative were Messrs.:

Allison of White Atkinson Barrett Bell Bennett of Clarke Bennett of Ware Blackshear Bloodworth Boyd of Cook Branch Bray Brooks of Jackson Bruce Bush Bynum

Carmichael of Butts Carmichael of Cobb Carrington Chappell Cheney Clary Claxton Clements of Calhoun Clements of Marion Clements of Wheeler Cobb
Connell Conner Cook Corbett

Dallis Davidson DeFoor Drake Drinkard Edwards of Lowndes Elliott Ennis, J. H. Ennis, Marion Etheridge of Baker Etheridge of Fulton Etheridge of Houston Evans of McDuffie Ford Forrester of Crisp

1590

JOURNAL OF THE HOUSE,

Foster Fowler of Douglas Fowler of Treutlen Gaines Gavin Gill Gowen Grant Greene Grice Griffin Gross of Stephens Gross of Washington Harrison of Jenkins Hayes Hill Hinson Holtzendorff Jackson Joel Jones of Brantley

Jones of Richmond Kelley Kendrick Kennedy Kimbrough King Lanham Looper Lovett Mason Maxwell McBride McCracken McNall Middleton Moore of Taliaferro Morgan Pannell Parham Pharr Reid

Those voting in the negative were Messrs.:

Aiken Ansley Barlow Blease Brooks of Oglethorpe

Goddard Hatchett Jones of Paulding McGraw Parker

Those not voting were Messrs.:

Allen Allison of Gwinnett Almand Beck Binion Boyd of Greene Campbell Candler Carter Clark Coogler Culpepper of Fayette Culpepper of Mitchell Curry Daughtry Davis of Coweta Davis of Floyd

Dean Dickerson Dockery Douglass Easley Edwards of Taylor English Evans of Laurens Ferguson of Camden Ferguson of Sumter Flanders Forrester of Dade Franklin of Bulloch Franklin of Polk Goolsby Graham Grayson

Roughton Sams Sartain Smiley Smith of Schley Strickland of Haralson Strickland of Pierce Sumner Swindle Tate Terrell Thornton Tomlinson Turner Vickery Wages Wells Whipple Whitaker Williams of Ware
Pierce Rogers Stiles Wiggins Williams of Bacon
Guyton Harden Hardman Harrison of Crawford Harvey Henderson Herndon Howard Johnson Kaigler Key Lanier Lewis Mankin Marshall McDaniel Merritt

FRIDAY, MARCH 17, 1939

1591

Miller Mills Moore of Lumpkin Mosely Moss Pilcher Preston Purdy Ragan Rawlins Rees

Rossee Rountree Sahados Sanders Sapp Saunders Scott Simmons Smith of Henry Summerour Thigpen of Evans

Thigpen of Glascock Tippins Tipton Trippe Warren Wohlwender Wright Yawn Yeomans

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

On the passage of the hill, the ayes were 107, the nays 14.

The hill having received the requisite constitutional majority was passed.

By Senators Moore of the 47th and Estes of the 35th Districts-

Senate Bill No. 84. A hill to he entitled an Act to authorize the Regents of the University System of Georgia by condemnation to take or damage privati" property; 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 107, the nays 0.

The hill having received the requisite constitutional majority was passed.

By Senators Durden of the lOth, Harrell of the 7th and Spivey of the 16th Districts-
Senate Bill No. 33. A hill to he entitled an Act to amend the Housing Co-operation Law; 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.

By Senators Durden of the lOth, Harrell of the 7th and Spivey of the 16th Districts-

Senate Bill No. 35. A hill to he entitled an Act to declare valid and legal the establishment and organization of housing authorities, bonds, notes, contracts, agreements of such housing authorities; and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.

1592

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.
By Senators Durden of the lOth, Harrell of the 7th and Spivey of the 16th Districts-
Senate Bill No. 36. A bill to be entitled an Act confirming certain bonds and obligations of any state authority created by the General Assembly; and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the pasasgf' of the bill, the ayes were 103, the nays 0. The bill having received the requisite constitutional majority was pas~ed.
By Senators Durden of the lOth, Harrell of the 7th and Spivey of the 16th Districts-
Senate Bill No. 70. A bill to be entitled an Act amending an Act with reference to the creation of the Housing Authority m this 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 103, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Senator Millican of the 52nd District
Senate Bill No. 65. A bill to be entitled an Act to amend Section 38-1504 of the Civil Code of 1933 of Georgia, dealing with witnesses who fail to answer a subpoena by adding thereto power of court to punish such witness by imprisonment; and for other purposes.
The report 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 Committee Reports were read:
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

FRIDAY, MARCH 17, 1939

1593

consideration the following hill of the Senate and have instructed me, as Chairman, to report the same hack to the House with the following recommendation:
Senate Bill No. 140. Do pass. Respectfully submitted, Lanier of Richmond, Chairman.
Mr. Allen of Dougherty 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 hill of the Senate and have instructed me, as Chairman, to report the same hack to the House with the following recommendation:
Senate Bill No. 208. Do pass. Respectfully submitted, Allen of Dougherty, 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. 214. Do pass.
Respectfully submitted,
Kendrick of Fulton, 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. 220. Do pass. Respectfully submitted,
Almand of Walton, Chairman.

1594

JOURNAL OF THE HOUSE,

Mr. Rees of Webster 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. 231. Do pass.
Respectfully submitted,
Rees of Webster, Chairman.
Mr. Edwards of Lowndes County, Chairman of the Committee on State of Republic, submitted the following report:

Mr. Speaker:
Your Committee on State of Republic have had under consideration the following 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. 57. Do pass.
Respectfully submitted,
Edwards of Lowndes, Chairman.
Mr. Clements of Wheeler County, Chairman of the Committee on Western and Atlantic Railroad, submitted the following report:

Mr. Speaker: Your Committee on Western and Atlantic Railroad have had under considera-
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. 224. Do pass.
Respectfully submitted,

Clements of Wheeler, Chairman.

By unanimous consent, the following bills and resolution of the Senate, favorably reported, were read the second time:
By Senators Smith of the 24th, Daves of the 14th and Cail of the 17th Districts-
Senate Bill No. 140. A bill to be entitled an Act proposing an amendment to Article 7, Section 2, Paragraph 2-A, of the Constitution as embodied in Code Section 2-5003 of the Code of 1933, exempting industries engaged in the manufacturr or processing of livestock, farm products, from taxation for a period of five years, and for other purposes.

FRIDAY, MARCH 17, 1939

1595

By Senator Durden of the lOth District-
Senate Bill No. 208. A bill to be entitled an Act to empower the State Department of Public Health to acquire property for certain purposes; and fo1 other purposes.
By Senator Millican of the 52d District-
Senate Bill No. 214. A bill to be entitled an Act to provide for the examination of master and journeyman plumbers and steam fitters, carrying on said vocations in counties having a population of 150,000 inhabitants or more by the United State~ Census of 1930 or any future United States Census; and for other purposes.
By Senator Redman of the 26th District-
Senate Bill No. 220. A bill to be entitled an Act to amend Section 77-341 of the Code of Georgia, relating to the commutation of term of good behavior to convicts by the Superintendent of the Penitentiary; and for other purposes.
By Senator Durden of the lOth District-
Senate Bill No. 224. A bill to be entitled an Act to amend an Act to authorize and empower the Governor to assign and set apart the rentals of the Western and Atlantic Railroad, etc.; and for other purposes.
By Senator Lindsay of the 34th District-
Senate Bill No. 231. A bill to be entitled an Act to create in the State Welfare Department a Division of Deaf Mutes, to define the duties of said Division; and for other purposes.
By Senators Smith of the 24th, Daves of the 14th and Cail of the 17th Districts-
Senate Resolution No. 57. A resolution by the Senate and the House concurring that a State Road Survey Council of 18 members shall be established; and for other purposes.
The following report was submitted and ordered filed in the Journal.
To the Members of the Senate and House of Representatives:
Under authority of Act approved March 28th, 1935, Page 468, Georgia Laws, there was created the State Properties Commission, composed of the Governor of the State, Chairman of the Public Service Commission and the State Treasurer. This Commission was formed for the purpose of managing, controlling, leasing and preserving the Hotel Properties located in Chattanooga, Tennessee.
Under date of June 28th, 1935, this Commission leased the Pla:r.a Hotel to the Plaza Hotel Company, Incorporated, Paul N. McQuiddy, President, for a period of five years commencing June 1st, 1935, at a yearly rental of $6,075.00, with the privilege of renewing this lease for a further term of five years from June 1st, 1940, to May 1st, 1945, at a yearly rental of $10,600.00.

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The lease further stipulated that not less than $12,000.00 should be expended by the lessee in maintenance within the period of the first five years. To date there has been expended the total sum of $21,944.78 under this agreement in maintenance.
The Eastern Hotel was leased at the same time to the Eastern Hotel Company, operated by Mr. and Mrs. P. C. Steele, at a yearly rental of $4,200.00 with an option to renew at the expiration of the first five years for another five years at a yearly rental of $5,400.00.
When these properties were taken over by this ComrnissiQn, there was $20,000.00 in back taxes unpaid, both buildings were in a dilapidated condition, which, of course, made the value of the property far below normal. This Commission has by its operation, paid off the entire back indebtedness for taxes and greatly enhanced the values of the properties. All taxes due to the City of Chattanooga, Hamilton County, and the State of Tennessee are paid in full to date and we have established the practice of paying the taxes in time to get the discounts allowed.
The Plaza Hotel 1s a valuable property and classed as a second rate hotel. The Eastern Hotel is valuable because of its location, but is distinctly a third class hotel. These properties are located in the heart of the City of Chattanooga and we feel that at the expiration of the leases for the first five years, when the difficulties encountered when this Commission took over this property are overcome, they will yield a commensurate revenue to the State in relation to their normal value. As the Properties have been inspected by the W. and A. Committee of the Senate and House of Representatives within the past thirty days, we do not feel that it is necessary to further amplify this report.
This report is made to your body in conformity with the requirements with the Acts of 1935 creating the Hotel Properties Commission.
STATE PROPERTIES COMMISSION,
E. D. Rivers, Governor,
W. A McDonald, Chairman, Public Service Commission,
Geo. B. Hamilton, State Treasurer.
March, 17, 1939.
Mr. Gross of Stephens moved that the House do now adjourn until 9:00 o'clock tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until tomorrow morning at 9:00 o'clock.

SATURDAY, MARCH 18, 1939

1597

Representative Hall, Atlanta, Ga.,
Saturday, March 18th, 1939.
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. Jones of Richmond, 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 period of unanimous consents:
1. Reports of Standing Committees. 2. Third reading and passage of local uncontested 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 examined, found properly engrossed and
ready for transmission to the Senate, the following resolutions of the House, to-wit: House Resolutions Nos. 203, 213, 214, 215, 216, 217. Respectfully submitted,
Sartain of Walker, Chairman. Mr. Ansley of Lee 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 bills and resolutions of the House, to-wit:
House Bills Nos. 84, 219, 258, 270, 358, 529, 540, 591, 614, 621, 622, 665, 721, 764, 649, 729, 730.
House Resolutions Nos. 63-259 D, 176, 184, 185, 189. Respectfully submitted,
Ansley of Lee, Chairman.

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JOURNAL OF THE HOUSE,

Mr. Ansley of Lee 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 bills and resolutions of the House, to-wit:
House Bills Nos. 137, 354, 404, 436, 544, 637, 653, 727, 728, 733, 742, 747, 759, 760, 766, 774, 783, 785, 787, 789, 796, 800, 801, 802, 805, 807, 810, 822, 823, 808, 67, 122, 352.
House Resolutions Nos. 60-259 A, 61-259 B, 64-259 E, 93-361 C, 124-467 A, 128-480 A, 171-740 A, 177-779 A, 186-807 A, 203, 216, 217, 11-49 A.
Respectfully submitted,
Ansley of Lee, Chairman.

Mr. Ansley of Lee 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 bills of the House, to-wit:
House Bills Nos. 636, 640, 644, 645, 646, 647, 651, 657, 669, 670, 672, 673, 674, 674-A, 675, 677, 679, 687, 694.
Respectfully submitted,
Ansley of Lee, Chairman.

Mr. Ansley of Lee County, Chairman of the Committee on Enrollment, sub mitted the following report:
Mr. Speaker:
Your Committee on Enrollment has examined, found properly enrolled a:~d ready for transmission to the Governor, the following bills of the House, to-wit:
House Bills Nos. 23, 33, 86, 89, 121, 135, 171, 274, 276, 277, 309, 322, 334, 386, 407, 660, 744, 782.
Respectfully submitted,
Ansley of Lee, Chairman.

Mr. Ansley of Lee County, Chairman of the Committee on Enrollment, submitted the following report:

SATURDAY, MARCH 18, 1939

1599

Mr. Speaker:
Your Committee on Enrollment 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. 266,414,420, 469, 473,474, 576, 478, 606, 611, 616, 618, 619, 623, 624, 625, 626, 635, 638, 693, 701, 704, 712, 718, 719, 720, 734, 745, 748, 756, 773, 781, 364, 507, 767, 809, 820.
House Resolutions Nos. 197, 132-497A, 165-647A.
Respectfully submitted,
Ansley of Lee, Chairman.
Mr. Ansley of Lee 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 bills of the House, to-wit:
House Bills Nos. 225, 301, 344, 427, 471, 486, 491, 494, 517, 536, 650, 655, 664, 688, 695, 702, 711, 716, 738, 743, 780, 784, 795.
Respectfully submitted,
Ansley of Lee, Chairman.
Mr. Ansley of Lee County, Chairman of the Com!llittee 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 bills and resolutions of the House, to-wit:
House Bills Nos. 49, 76, 124, 136, 213, 244, 280, 284, 328, 333, 359, 378, 472, 537, 556, 571, 578, 580, 607, 617, 698, 737, 739, 750, 755, 758, 811.
House Resolutions Nos. 34-156 A, 37-160 B, 46-186 B 51-214 A, 55-241 A, 62-259 C, 142-533 B.
Respectfully submitted,
Ansley of Lee, Chairman.
Under the special and continuing order of business, established by the Committee on Rules, the following bill of the Senate was taken up for consideratim! and read the third time: By Senator Millican of the 52nd District-

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JOURNAL OF THE HOUSE,

Senate Bill No. 214. A bill to be entitled an Act to provide for the exammation of master and journeyman plumbers 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 110, 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. Etheridge and Kendrick and Mrs. Mankin of Fulton-
House Bill No. 270. A bill to be entitled an Act regulating the compensation of Court Reporters in the Superior Courts of counties having a certain population; and for other purposes.
The following Senate amendment to House Bill No. 270, was read and agreed to:
The Senate moves to amend House Bill 270 by striking the words in Section 1, line 6 "forty two" and inserting in lieu thereof "thirty six"
By Mr. Whitaker of Appling-
House Bill No. 544. A bill to be entitled an Act to amend Georgia Laws 1915, pages 141-147, creating a Board of Commissioners of Roads and Revenues for the County of Appling; and for other purposes.
The following Senate substitute to House Bill No. 544, was read and agreed to:
The County and County Matters Committee of the State Senate substitutes for House Bill No. 544, being a bill to amend an Act approved July 29, 1915, (Georgia Laws 1915, pages 141-147) creating a Board of Commissioners of Roads and Revenues for the County of Appling, prescribing their powers and duties, fixing their compensation, and for other purposes, the following:

A BILL
To be entitled an Act to create the office of Commissioner of Roads and Revenues for the County of Appling; to provide that the Commissioner of Roads and Revenues of the County of Appling, acting in conjunction with the Ordinary and Clerk of the Superior Court of said county, shall have control of all the fiscal affairs of the County of Appling; to provide for his election and for his recall ; to define his duties and provide for his compensation; to provide for a clerk for said Commissioner and compensation for said clerk; to provide for compensation for the Ordinary acting in conjunction with the Commissioner of Roads and Revenues; to provide for the proper supervision of the Acts of the Commissioner of Roads and Revenues and the auditing of his books; to repeal the Act approved July 29. 1915 (Georgia Laws 1915, pages 141-147) creating the Board of Com-

SATURDAY, MARCH 18, 1939

1601

missiOners of Roads and Revenues for Appling County, and all acts amendatory thereof; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That from and after the first day of 1anuary, 1941, the county
affairs of Appling County shall be administered by a Commissioner of Roads and Revenues, and for that purpose the office of Commissioner of Roads and Revenues of Appling County is hereby created. He, acting in conjunction with the Ordinary and Clerk of the Superior Court of said county, shall have such control of the county affairs generally, as is now conferred by law upon the present Board of Commissioners of Roads and Revenues of said county, except as especially qualified by this Act.
Section 2. That said Commissioner of Roads and Revenues shall be elected by the qualified voters of Appling County at the time county officers of Appling County are elected in the year 1940, and such Commissioner of Roads and Revenues
shall take office on 1anuary 1, 1941. He shall serve for a term of four years,
and until his successor is elected and qualified. The succeeding term of said Commissioner of Roads and Revenues shall be for a term of four years and he shall be elected by the qualified voters of said county at the regular election held for county officers.
Section 3. That the Commissioner, before entering on the duties of his office, shall give bond with good security approved by the Ordinary of said county, in the sum of Ten Thousand ($10,000.00) Dollars, payable to the Treasurer of the county, and his successor in office, and conditioned upon the faithful discharge of his duties and the carrying out of the provisions of this Act, and for any violation of the conditions thereof, said bond may be sued upon in the name of the county treasurer, whether on his own motion or by direction of said county; and the commissioner and his security shall be liable upon said bond for any breach thereof by way of malfeasance or misfeasance in office.
Section 4. That said Commissioner, before entering upon his duties, shall make oath before the Ordinary of the County, to faithfully administer all affairs to the best interest of the county.
Section 5. That the salary of said Commissioner shall be Twenty-four
hundred ($2,400.00) Dollars per annum, to be paid monthly out of the treasury of said county. The grand jury sitting in regular session just before the expiration of term of said Commissioner, may change the salary of said Commissioner, but no change shall be made during the term of a Commissioner.
The clerk of said Commissioner shall be the clerk of the Superior Court of said county, whose salary shall be Nine Hundred ($900.00) Dollars per annum to be paid monthly out of the treasury of said county.
Section 6. That it shall be unlawful for any candidate for Commissioner to enter into any agreement with any person or persons as to the disposal of any

1602

JOURNAL OF THE HOUSE,

work or the purchase of any supplies, or any appointment under his control, and any person so offending shall be ineligible to hold said office.

Section 7. That said Commissioner shall select one regular day of each week in which he shall rtmain in his office at the Court House for the transaction of public business in connection with his office, and the balance of his working time shall be spent in the personal supervision of laying out road work, bridges, and the inspection of all public property, especially of the measure and delivery of supplies to the convict camp, and the general direction and management of said camp, in the most economical manner. The clerk of said Commissioner shall keep his office open each day of the week, and make a record of all complaints, and other matters, and call the notice of the Commissioner to same.

Section 8. That said Commissioner shall keep in constant touch with the State and Federal authorities who have charge of roads and road building; shall secure, and keep in his office, and familiarize himself with all the free bulletins bearing upon the subject of road building; and it shall be his duty at all times to entertain and discuss suggestions as to road building.

Section 9. That it shall be the duty of said Commissioner acting with the clerk and Ordinary, to supply from the ad valorem tax for roads and from such other funds as may be available to the county for road purpose, such machinery, mule and gasoline power, and other equipment as shall be necessary to work the public roads of said county in a manner in keeping with the revenue of said county, and serving the greatest number of people in the best manner.

Section 10. That the first permanent road work under this Act shall be done in that section or sections where it will do the greatest good to the greatest number.; and this policy shall be continued in all permanent road work. The Commissioner shall apply the most efficient means of keeping in a state of continuous repair, all such permanently constructed mileage, of all roads in said county not maintained by State or other agencies.
Section 11. That said Commissioner shall direct his clerk, at the end of each month, to make out a list of all expenditures during the month for which warrants have been issued, signed by the clerk and the Ordinary and numbered, and the names to whom issued, and for what issued.

Section 12. That said Commissioner at the end of each quarter, shall make out an itemized account of all the transactions of his office, stating the amount of money or moneys received, and from what source; the amount of money or moneys expended, and for what purpose, during that quarter, and publish the same in the official organ of said county. He shall undersign each quarterly statement so
published under oath, as follows: "I ................................................................................, Commissioner of Roads and Revenues of Appling County, do solemnly swear that the above is a full and true statement of the monetary transactions of this office
for the quarter ending ................................................................, and that I have not received any rebates or drawbacks, nor have I personally profited or known of any illegal personal profit to anyone whomsoever through any transaction of this office.

''Signed .................................................''

SATURDAY, MARCH 18, 1939

1603

Section 13. That it shall be a misdemeanor for the Commissioner, clerk or Ordinary, or anyone employed by either of th~m, to have any financial interest in the transaction of any business in connection with the purchase or sale of any goods or supplies, machinery or mules, or anything for said county.
Section 14. That in case of a vacancy in the office of Commissioner, by reason of death or otherwise, the Ordinary of said county shall serve as his successor until a successor is elected and qualified; such vacancy shall be filled by a special election called by the clerk of the Superior Court of said county, and held within thirty days after said death, resignation, or other cause bringing about such a vacancy.
Section 15. That the grand jury sitting at the first regular term in each year, shall appoint two or more auditors to audit the books, accounts and warrants of said Commissioner, clerk and Ordinary. Said auditors shall have power to examine, under oath, said Commissioner, clerk, and Ordinary, relative to any account, item or warrant, or transaction in connection with said Commissioner's office. Said auditors shall perform their duties as herein prescribed and make a report of their findings to the judge of the Superior Court of said county, within thirty days from the time of their appointment, and said findings shall be published in the newspaper that is the official organ of said county. The grand jury appointing said auditors shall prescribe the amount to be paid them for their services.
Section 16. That it shall be the duty of the grand jury to inquire into the official acts of said Commissioner, and if any grand jury of said Appling County shall find by a two-thirds vote, that the Commissioner has violated any of the terms of this Act, or that he has been wasteful or inefficient or that he has wrongfully or fraudulently conducted the affairs of his office, or that he is otherwise unqualified to manage the affairs of the office, the grand jury so finding shall-declare said office vacant and the clerk of the Superior Court shall proceed to call a special election to fill such vacancy as hereinbefore prescribed. Said deposed Commissioner shall have a right, however, to be a candidate, and if he shall receive a '!lajority of vote<; polled in said election he shall again take up the duties of said office. If he docs not receive the majority, however, of the votes so polled, the candidate so receiving the majority of votes shall at once qualify and take up the duties of said offic~. All rules and regulations governing regular county elections shall govern all regular and special elections under this Act.
Section 17. That the said Commissioner, acting in conjunction with the Clerk of the Court and Ordinary, shall have the power to employ a county attorney, and shall have authority to pay such county attorney for his services, not exceeding Three Hundred ($300.00) Dollars per annum, to be paid out of the county treasury, provided, however, that the said Commissioner, acting in conjunction with the Clerk of Court and Ordinary, shall also be authorized to employ legal counsel in any case where necessary and pay for such services a reasonable amount as the nature of the case or service may warrant, 'which said sums to be paid out of the county treasury.
Section 18. That the ordinary of the county of Appling shall be paid for his

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JOURNAL OF THE HOUSE,

services acting in conjunction with the said Commissioner, the sum of Three Hundred ($300.00) Dollars per annum, said sum to be paid out of the county treasury.
Section 19. That said Commissioner, acting in conjunction with the Clerk and Ordinary, shall constitute a purchasing board for said county, but the said Commissioner, however, shall have the right and power to purchase such provisions and repairs to be used in connection with his work as are necessary for immediate use, but the bills for same, as well as all other county bills, shall be submitted to the Clerk and Ordinary when meeting with said Commissioner in regular semimonthly sessions, as provided in this Act.
Section 20. That said Commissioner, by this Act, is empowered with authority to plan, lay out, superintend and construct all public roads and bridges, but the same shall be done in conformity with Section 10 of this Act.
Section 21. That the term of office of said Commissioner shall be for a period for four years, and until his successor is elected and qualified.
Section 22. That this Act shall become effective and operative on the first day of January, 1941.
Section 23. That the Act of the General Assembly of Georgia approved July 29, 1915 (Georgia Laws 1915, pages 141-147) entitled "An Act to create a Board of Commissioners of Roads and Revenues for the County of Appling, State of Georgia, prescribe their powers and duties, to fix their compensation, and for other purposes," and all Acts amendatory thereof, are hereby repealed from and after January 1, 1941.
Section 24. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed.
Under the special and continuing 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. 58. A bill to be entitled an Act to amend an Act providing for Homstead Exemption from certain taxation; and for other purposes.
The following House amendments to Senate Bill No. 58, were read and adopted:
Messrs. Kendrick and Etheridge and Mrs. Mankin of Fulton move to amend Senate Bill No. 58 by striking after the word "inserted" and before the word "so" in the fourth paragraph the following "at the time application is made prior to April 1st each year" and substituting the following "on January first of the taxable" so that said Section will read when amended as follows:
"Section 7. As used in this Act homestead means real property owned by the applicant on January 1st of the taxable year and who is in possession thereof

SATURDAY, MARCH 18, 1939

1605

and upon which said applicant resides and the land immediately surrounding said residence and to which he or she has a right to said possession under bona fide claim of ownership."
Messrs. Kendrick and Etheridge and Mrs. Mankin of Fulton move to amend Senate Bill No. 58 by striking all of Section ''I'' and substituting the following:
"(i) Where the property is owned and occupied jointly by two or more persons all of whom occupy the property as a home and if otherwise entitled to a homestead such homestead may be claimed in the names of such joint owners residing in said home."
The report of the Committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the pass:~ge of the bill, as amended, the ayes were 103, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
The following report of the Committee on Rules was read and adopted: Mr. Speaker:
The Committee on Rules having had under consideration the matter of fixing a calendar for the day makes the following report. In addition to the calendar now being considered we recommend the following as the order of business:
1. Senate Bill No. 104. Trade Names.
2. Senate Bill No. 105. Exempt Farm Products.
3. Senate Bill No. 160. Penal Board.
4. Senate. Bill No. 224. W. and A. Rentals.
5. Senate Bill No. 57. State Surveys.
6. Senate Bill No. 180. Fishing Bill.
7. Senate Bill No. 43. Speed Limits.
8. Senate Bill No. 42. Marriage Bill.
9. Senate Bill No. 46. Seizure Automobiles.
10. Senate Bill No. 15. Election Bill.
11. Senate Bill No. 48. Ratifying 1st Ten Amendments.
12. Senate Bill No. 53. School Bus Liability.
13. Senate Bill No. 55. Grand Jury.
14. Senate Bill No. 67. Fireman's Liability.
15. Senate Bill No. 72. Trust Property.

1606

JOURNAL OF THE HOUSE,

16. Senate Bill No. 71. 17. Senate Bill No. 76. 18. Senate Bill No. 88. Court of Appeals. 19. Senate Bill No. 159. State Employees. 20. Senate Bill No. 135. Resident Definitions. 21. Senate Bill No. 97. Annual Sessions. 22. Senate Bill No. 100. 23. Senate Bill No. 115. Traffic Laws. 24. Senate Bill No. 139. Osteopaths. 25. Senate Bill No. 161. Local Constitutional Amendments. 26. Senate Bill No. 183. Medical Boards. 27. Senate Bill No. 211. Municipal Assessments. 28. Senate Bill No. 208. Department of Health. 29. Senate Bill No. 190. Oyster Bill. 30. Senate Bill No. 179. Fish Bill. 31. Senate Bill No. 210. 32. Senate Bill No. 7. 33. Senate Bill No. 222. Tax Returns, Etc. 34. Senate Bill No. 24. Executors. 35. Senate Resolution No. 34. Reciprocal Agreement.
36. Senate Bill No. 77. Real Estate Boards.
37. Senate Bill No. 230. Relief Bill. 38. Senate Bill No. 217. Fair Bill. The Speaker is authorized to call up general bills with local applications and local Constitutional Amendments in his discretion and to call the bills on the calendar in the order he wishes.
Respectfully submitted, Gross of Stephens, Vice-Chairman.
The following resolution of the Senate was read and adopted: By Senator Williams of the 31st District-
Senate Resolution No. 52. A resolution naming the bridge over the Chatta-

SATURDAY, MARCH 18, 1939

1607

hoochee River between Habersham and White Counties, "The Sidney Lanier Bridge"; and for other purposes.
Under the special and continuing 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 Durden of the lOth, Harrell of the 7th and Spivey of the 16th Districts-
Senate Bill No. 34. A bill to be entitled an Act to amend an Act entitled "Housing Authority Law" to re-define "governing body" and area of population; and for other purposes.
The following House amendment to Senate Bill No. 34, was read and adopted:
Mr. Claxton of Johnson moves to amend Senate Bill 34 as follows:
1. By amending the caption thereof by changing the period at the end of the caption to a semicolon, and by adding the following language: "and to provide that when condemnation proceedings are instituted and carried on by Housing Authorities under said Act of 1937, upon the payment by such Authority seeking condemnation of the amount of the award and the final judgment on appeal, that such Authority shall become vested with a fee simple indefeasible title to the property with reference to which the condemnation proceeding is instituted."
2. to amend Senate Bill 34 by adding at the end thereof a new section to be known as Section 7, which shall read as follows:
"Be it further enacted by the Authority aforesaid that whenever a Housing Authority is or has been created under the terms of said Act of 1937, previously referred to; and whenever it is determined by the Commissioners or other governing body of such authority to be necessary or advisable to exercise the power of eminent domain by condemning property; and whenever such condemnation proceedings are instituted and carried on under Title 36, Chapter 36-1 through Chapter 36-6 of the Code of Georgia of 1933, or under Title 36- Chapter 36-11 of said Code, or under any amendments thereof, or through any other method of condemnation provided by law, that upon the payment of such Authority seeking condemnation of the amount of the award and final judgment on appeal such Authority shall become vested with a fee simple indefeasible title to the property to which such condemnation proceedings relate. It is hereby declared to be necessary to enable such Authorities to exercise their franchise, that upon such condemnation proceedings being had, that such Housing Authorities shall become vested with fee simple indefeasible title to the property involved in such proceedings."
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.

1608

JOURNAL OF THE HOUSE,

Mr. Blease of Brooks arose to a point 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 as amended by the reqUisite constitutional majority the following bills and resolutions of the House, to-wit:
By Messrs. Allison of Gwinnett and Gowen of Flynn and others-
House Bill No. 213. A bill to amend the Act of the General Assembly of the Extraordinary Session of 1937-38 relating to licenses for motor vehicles; and for other purposes.
By Messrs. Parker and Barlow of Colquitt-
House Bill No. 219. A bill to amend Section 32-9906 of the Code of 1933, known as the Compulsory School attendance Law; and for other purposes.
By Messrs. Etheridge and Kendrick and Mrs. Mankin of FultonHouse Bill No. 358. A bill 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.
By Mr. Barrett of CherokeeHouse Bill No. 750. A bill to reincorporate the Town of Woodstock; and
for other purposes.
By Mr. Key of JasperHouse Bill No. 124. A bill to fix taxable situs of intangible trust property;
and for other purposes.
By Messrs. Rogers, Lanham and Davis of FloydHouse Bill No. 764. A bill to amend the charter of the City of Rome; and
for other purposes.
By Messrs. Etheridge, Kendrick and Mrs. Mankin of FultonHouse Bill No. 653. A bill to amend the charter of East Point; and for
other purposes.
By Messrs. Goddard and Purdy of SpaldingHouse Resolution No. 55-241 A. A resolution to request Librarian to furnish
certain volumes to Superior Court Clerk of Spalding County; and for other purposes.
By Mr. Forrester of DadeHouse Resolution No. 60-259 A. A resolution directing the State Librarian
to furnish certain books to Dade County; and for other purposes.

SATURDAY, MARCH 18, 1939

1609

By Messrs. Lanham, Davis and Rogers of Floyd-
House Resolution No. 186-807. A resolution authorizing the State Librarian to furnish certain books for use of Superior Court of Floyd County; and for other purposes.
By Messrs. Simmons and Mills of Decatur-
House Resolution No. 142-533 B. A resolution authorizing the State Librarian to furnish certain Court Reports to Decatur County; and for other purposes.
By Messrs. Allison and Pharr of Gwinnett-
House Bill No. 128-480 A. A resolution to provide certain volumes of the Supreme Court and Court of Appeals to Gwinnett County; and for other purpose;.
By Mr. Clark of Catoosa-
House Resolution No. 171-740 A. A resolution authorizing the State Librarian to furnish certain law books to Catoosa 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- as amended by the requisite constitutional majority the following resolution of the House, to-wit:
By Messrs. Bloodworth, Merritt and Grice of Bibb-
House Resolution 93-361 C. A resolution to furnish certain Supreme Court reports and Court of Appeals reports to City Court of Macon.
Under the special and continuing 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 Durden of the lOth, Harrell of the 7th and Spivey of the 16th Districts-
Senate Bill No. 32. A bill to be entitled an Act to provide that bonds or other obligations issued by public housing authorities or other agencies of the United States, when secured by pledge, shall be security for all public deposits and legal investments of public officers; and for other purposes.
The report 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 Senator Millican of the 52nd District-

1610

JOURNAL OF THE HOUSE,

Senate Bill No. 66. A bill to be entitlt!d an Act authorizing the General Assembly to enact laws creating a pension fund for county employees of Fulton and Richmond Counties; and for other purposes.
The following House Substitute to Senate Bill No. 66, was read and adopted:
A BILL
To be entitled an Act to amend Paragraph 2, of Section 6, of Article 7, ot
the Constitution of the State of Georgia authorizing the General Assembly to enact laws to create a retirement and pension fund and system of retirement pay for county employees of Fulton County; 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 the Constitution of the State of Georgia is hereby amended as follows, to-wit: By adding to Paragraph 2, of Section 6, of Article 7, thereof the following words, to-wit:
"The General Assembly shall have authority, however, to enact laws authonzing the County of Fulton and the governing authorities of the schools of said county, to create a retirement and pension fund and a system of retirement pay for county employees, and for county school employees, and to levy taxes for that purpose; and to authorize the said county and the said county school authorities to enact laws, rules and regulations for the qualifications of such employees for benefits from such fund."
Section 2.
Be it further enacted by the authority aforesaid, That whenever the above proposed amendment to the Constitution shall have been agreed to by 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 yeas and nays taken thereon, the Governor shall be and he is hereby authorized and instructed to cause such amendment to be published in one or more newspapers in each Congressional District of this State, for two months next preceding the time of holding the next general election.
Section 3.
Be it further enacted by the authority aforesaid, That the above proposed amendment shall be submitted for ratification or rejection to the electors of this State at the next general election to be held after the publication as provided for in the second section of this Act, in the several election districts of this State at which election every person shall be qualified to vote who is qualified to vote for members of the General Assembly. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their. ballots the words, "For ratification of amendment to Paragraph 2, of Section 6, of Article 7, of the Constitution authorizing the Legislature to enact laws

SATURDAY, MARCH 18, 1939

1611

authorizing the County of Fulton and the school authorities of said county to create a retirement and pension fund and system of retirement pay for county and county school employees of said county;" and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words, "Against ratification of amendment to Paragraph 2, of Section 6, of Article 7, of the Constitution authorizing the Legislature to enact laws authorizing the County of Fulton and the school authorities of said county to create a retirement and pension fund and system of retirement pay for county and county school employees of said county." If the people ratify such amendment by a majority of the electors qualified to votl for members of the General Assembly voting thereon such amendment shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and to certify the result to the Governor, who shall, if such amendment be ratified make proclamation thereof.

Section 4.

Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.

The report of the Committee, which was favorable to the passage of the bill, was agreed to, by substitute.

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.:

Aiken Allen Allison of Gwinnett Allison of White Almand Ansley Atkinson Barlow Barrett Beck Bell Bennett of Clarke Blackshear Blease Bloodworth Boyd of Cook Boyd of Greene Branch Brooks of Jackson Bruce Bynum Campbell

Candler Carmichael of Butts Carrington Carter Chappell Clark Clary Claxton Clements of Calhoun Clements of Wheeler Cobb Connell Cook Corbett Culpepper of Fayette Culpepper of Mitchell Curry Dallis Davidson Davis of Coweta Davis of Floyd Dickerson

Dockery Drake Drinkard Edwards of Lowndes Edwards of Taylor Elliott Ennis, J. H. Ennis, Marion Etheridge of Baker Etheridge of Fulton Etheridge of Houston Evans of McDuffie Ferguson of Camden Ferguson of Sumter Flanders Ford Forrester of Crisp Forrester of Dade Foster Fowler of Douglas Fowler of Treutlen Franklin of Bulloch

1612

JOURNAL OF THE HOUSE,

Franklin of Polk Gaines Gavin Gill Goddard Goolsby Gowen Graham Grayson Greene Grice Griffin Gross of Stephens Gross of Washington Guyton Harden Harrison of Crawford Harrison of Jenkins Harvey Henderson Herndon Holtzendorff Howard Jackson Joel Jones of Paulding Jones of Richmond Kaigler Kelley Kennedy

Key Lanham Lanier Lewis Looper Lovett Mankin Marshall Mason Maxwell McCracken McDaniel McGraw McNall Middleton Mills Moore of Lumpkin Moore of Taliaferro Morgan Mosely Pannell Parham Pharr Pierce Purdy Ragan Reid Rogers Rossee Rountree

Those not voting were Messrs.:

Bennett of Ware Binion Bray Brooks of Oglethorpe Bush Carmichael of Cobb Cheney Clements of Marion Conner Coogler Daughtry Dean DeFoor Douglass

Easley English Evans of Laurens Grant Hardman Hatchett Hayes Hill Hinson Johnson Jones of Brantley Kendrick Kimbrough King

Sabados Sams Sanders Sapp Sartain Scott Smith of Schley Stiles Strickland of Pierce Summerour Sumner Tate Terrell Thigpen of Evans Thigpen of Glascock Thornton Tippins Tipton Trippe Vickery Wages Warren Wells Whipple Whitaker Wiggins Williams of Ware Yeomans
McBride Merritt Miller Moss Parker Pilcher Preston Rawlins Rees Roughton Saunders Simmons Smiley

SATURDAY, MARCH 18, 1939

1613

Smith of Henry Strickland of Haralson Swindle

Tomlinson Turner Williams of Bacon

Wohlwender Wright Yawn

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

On the passage of the bill, by substitute, the ayes were 154, the nays 0.

The bill having received the requisite two-thirds constitutional majority, wa3 passed, by substitute.

By Senator Millican of the 52d District-

Senate Bill No. 150.

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 Atlanta to issue revenue certificates for the purpose of making repairs and improvements in its water works system and sanitary department; to provide for the payment of certificates out of the revenues derived from water or sanitary service charges; to authorize the setting aside in special funds a sufficient sum to retire the revenue certificates; to provide the manner, form and method of issuing certificates; certificates to be issued by a majority vote of the Mayor and General Council and validated; to provide for the allocation of anticipated rece1pts; to provide that certificates shall not be a debt or liability upon the City of Atlanta and shall be payable from and chargeable only upon the revenue derived from water or sanitary services respectively; 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, and it is hereby enacted by authority of the same, as follows:

SECTION 1.

That Article 7, Section 7, Paragraph 1, of the Constitution of 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 Atlanta for the purpose of (a) improving, repairing, constructing and reconstructing, making additions, extensions, alterations, or improvements, in its Water Works System, and acquiring the necessary property therefor; and (b) improving, repairing, purchasing, installing and constructing incinerators or crematories for the disposal of garbage, refuse and waste by its Sanitary Department, and acquiring the necessary property therefor, either or both, may, from time to time issue interest bearing revenue certificates to be paid solely out of the revenues derived from Water or Sanitary service charges respectively, and to provide for the payment of said revenue certificates by setting aside in spe~:ial funds to be known as "Water Works Department Revenue Fund" and "Sanitary Department Revenue Fund," a sufficient sum, not to exceed ten ( 10%) per centum

1614

JOURNAL OF THE HOUSE,

of the annual charges, fees and taxes received from the water and sanitary servKe charges respectively, to retire the certificates. Said percent~,ges shall be based upon the total annual receipts from each of said services for the year previous to the issue. Said certificates may be issued in one or more series, bearing such date or dates, maturing at such time or times not exceeding twenty (20) years from thci~
respective rates; with interest at such rate or rates, not exceeding five ( 5%) per
centum per annum, payable at such time or times, and in such medium of payment at such place or places, and in such denomination or denominations and form. either coupon or registered, and may carry such registration, conversion and exchangability privileges, and may be subject to such terms of redemption with or without premium, and to become due before the maturity date thereof, and be executed in such manner and contain such terms, covenants, assignments and condi tions as the re5olution authorizing the issuance of such certificates may provide. Said certificates shall not be sold for less than par value. Said certificates shall be negotiable for all purposes and shall be non-taxable for any and all purposes. They shall be issued when authorized by a majority vote of the Mayor and General Council, and signed by the Mayor and Comptroller ot the City of Atlanta, and validated pursuant to the existing laws for validation of bonds and when so validated thereunder shall be forever incontestable and conclusive. Before issuing any such revenue certificates the Mayor and General Council shall provide by resolution for the allocation of a percentage of the anticipated receipts necessary to pay satd certificates as they mature from the particular service from which the certificates are to be paid for the year in which they mature, and as said funds are received they shall be deposited in said special funds, without deduction, for the benefit of any other department or fund of the City of Atlanta and used solely for payment of the principal and interest of said certificates. Said revenue certificates shall not be payable from or charged upon any funds other than the revenue pledged to the payment thereof, nor shall the City of Atlanta be subject to any pecuniary liability thereon, nor shall any such certificates constitute a charge, lien or incumbranc.: upon any of its property. The obligation created by said certificates shall not br. construed as a debt within the restriction as to debt limit of this paragraph."

SECTION 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 thi> State may be voted on, and shall at said next general election be submitted to the people for ratification. All persons voting at ;aid election in favor of adopting th~ 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 Atlanta to issue revenue certificates from time to time for the benefit of its water works system and sanitary department, and providing for the payment of said certiticates out of a percentage oi revenues derived from water or sanitary charges respectively," and all persons

SATURDAY, MARCH 18, 1939

1615

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 Atlanta to issue revenue certificates from time to time for the benefit of its water works svstem and sanitary department, and providing for the payment of said certificates out of a percentaE,c of revenues derived from water or sanitary charges respectively," 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 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.

SECTION 3. All laws and parts of laws in conflict her<~with 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.:

Aiken Allen Allison of White Almand Ansley Atkinson Barlow Barrett Bell Bennett of Clarke Bennett of Ware Blackshear Blease Boyd of Cook Boyd of Greene Branch Bray Brooks of Jackson Brooks of Oglethorpe Bruce Bynum Campbell Candler Carmichael of Butts

Carmichael of Cobb Carrington Carter Clark Clary Claxton Clements of Calhoun Connell Cook Corbett Culpepper of Mitchell Dallis Davidson Davis of Coweta Davis of Floyd Dickerson Dockery Drake Drinkard Easley Ennis, J. H. Ennis, Marion Etheridge of Baker Etheridge of Fulton

Etheridge of Houston Ferguson of Camden Ferguson of Sumter Flanders Ford Forrester of Crisp Forrester of Dade Fowler of Treutlen Franklin of Bulloch Franklin of Polk Gaines Gavin Gill Goddard Goolsby Gowen Graham Grant Grice Griffin Gross of Stephens Gross of Washington Guyton Harden

1616

JOURNAL OF THE HOUSE,

Harrison of Crawford Harrison of Jenkins Harvey Henderson Herndon Hinson Holtzendorff Howard Jackson Joel Jones of Brantley Jones of Paulding Jones of Richmond Kaigler Kelley Kendrick Kennedy Key King Lanier Lewis Looper Lovett Mankin

Marshall Mason Maxwell McBride McCracken McDaniel McGraw Mills Moore of Taliaferro Morgan Pannell Parham Pharr Purdy Ragan Reid Rogers Rossee Roughton Rountree Sabados Sams Sanders Sapp

Those not voting were Messrs.:

Allison of Gwinnett Beck Binion Bloodworth Bush Chappell Cheney Clements of Marion Clements of Wheeler Cobb Conner Coogler Culpepper of Fayette Curry Daughtry Dean DeFoor Douglass Edwards of Lowndes Edwards of Taylor Elliott

English

Evans of Laurens

Evans of McDuffie

Foster

Fowler of Douglas

Grayson

Greene

Hardman

Hatchett

Hayes

Hill

Johnson

Kimbrough

Lanham

M e N all

Merritt

Middleton

Miller

Moore of Lumpkin

Mosely

Moss

_.f

Sartain Scott Smiley Smith of Schley Stiles Strickland of Haralson Strickland of Pierce Summerour Sumner Swindle Tate Terrell Thigpen of Evans Thigpen of Glascock Thornton Tippins Tipton Warren Wells Whipple Whitaker Wiggins Williams of Ware Yeomans
Parker Pierce Pilcher Preston Rawlins Rees Saunders Simmons Smith of Henry Tomlinson Trippe Turner Vickery Wages Williams of Bacon Wohlwender Wright Yawn

SATURDAY, MARCH 18, 1939

1617

By unanimous consent, verification of the roll call was dispensed 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.
By Senators Brown of the 4th, Dawson of the 2nd, and Warnell of the 1st Districts-
Senate Bill No. 136.
A BILL TO BE ENTITLED
"An Act to propose to the qualified voters of the State of Georgia an Amendment to the Constitution of the State of Georgia, authorizing the continuance of "The Coastal Highway District" composed of Chatham, Bryan, Liberty, Mcintosh, Glynn and Camden Counties, as a political subdivision, body politic and corporate, for the purpose of aiding in the widening and reconstruction of the Atlantic Coastal Highway through said counties; to provide that said Coastal Highway District may issue bonds, and provide for a method of retiring said bonds and the payment of interest thereon; 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 the Constitution of the State of Georgia be amended by adding the following sub-paragraph to follow Paragraph 1 of Article 7, Section 7, the same to be known as Paragraph 1-d, to-wit:
"The Coastal Highway District is hereby continued as a political subdivision, body politic and corporate of this State for the purpose of aiding in the reconstruction as a four lane highway the Atlantic Coastal Highway (State Route No. 25) extending from the Savannah River to the Florida line, with the right to sue and be sued, to have a seal, make contracts and do all things necessary or proper to carry out the purpose of this Amendment. The said district shall continue to be composed of the territory of the Counties of Chatham, Bryan, Liberty, Mcintosh, Glynn and Camden.
The said Coastal Highway District shall have authority to issue additional bonds not exceeding $4,500,000.00 for the purposes aforesaid ; the bonded indebtedness of said district shall be incurred and the expenditures of funds derived therefrom as well as all other matters and transactions necessary to carry out the purposes of the Constitutional Amendment, shall be managed, controlled and directed by ten commissioners to be selected four from Chatham, two from Glynn and one each from Bryan, Liberty, Mcintosh and Camden Counties. The said Commissioners shall be selected and vacancies filled by the officers in charge of levying taxes in said counties respectively, and shall hold office for a period of five years and until their successors are selected and qualified.
The bonds shall be set up in two increments, the first increment in an amount not to exceed $500,000.00 shall be issued as required, by the Coastal Highway District for rights of way, removal of structures, administrative, and miscellaneous

1618

JOURNAL OF THE HOUSE,

purposes. These bonds, when issued, shall be signed and sealed by said Commissioners and shail constitute a lien upon the entire property of all the counties composing said district, and a first lien to the extent of the annual retirements and interest payments thereon upon any sum payable annually thereafter by the State of Georgia to the said Counties respectively from amounts collected from gasolin~ and oil taxes until all said bonds of said district are retired. Both interest and principal shall be paid by the Coastal Highway District. The principal shall be retired on a pro rata basis by the Coastal Highway District in annual payments over not to exceed 20 years from date of issuance of the first bonds. At or before the issuance of said bonds, the Commissioners of said district shall assess the Counties composing said District an amount sufficient to pay interest charges and retirement of principal, as they become due.
The second increment in an amount not to exceed $4,000,000.00 shall be issued as required for the purpose of aiding in the widening and reconstruction of the sail~ Coastal Highway. The bonds, when issued shall be signed and sealed by sa1d Commissioners and shall constitute a lien upon the entire property of all the Counties composing said district and a first lien to the extent of the annual retirements upon any sum payable annually thereafter by the State of Georgia to tht> State Highway Board from amounts collected from gasoline and oil taxes and other sources, until all bonds of said district are retired.
The principal not to exceed $4,000,000.00 shall be retired in annual payments by the State Highway Board from its revenues from any and all sources at the maximum rate of $333,333.00 per year, or such lesser amount as is represented br the pro rata of the State's expenditures after deducting Federal Allotments, on th~ basis of retirements of the bonds covering the said State's expenditures in a period
of 12 years.
At or before the issuance of said second increment of bonds the Commissioners of said District shall assess the counties composing said district an amount sufficient to pay the intertst charges as they become due. The assessm_ent against each county shall be a lien upon the entire property of all the counties composing said district and a first lien to the extent of the annual retirements and interest payments thereon upon any sum payable annually thereafter by the State of Georgia to the said Counties respectively from amounts collected from gasoline and oil taxe;; until all bonds of said district are retired.
Section 2. The bonded indebtedness here provided for shall be incurred only after submission to the qualified voters of said district at an election to be called by the said District Commissioners and held in the same manner as elections for the incurring of a bonded indebtedness by counties, municipalities and divisions. In determining the result of the election the vote of the entire district shail be consolidated and counted as a unit, and each county shall pay the expense of the election 111 that county. The vote shall be consolidated and the result of the election declared by the Coastal Highway District Commissioners herein provided for. The Superior Court of any County in said district shall have jurisdiction to validate the said bonds, in conformity with the law providing for the validation of county, munici-

SATURDAY, MARCH 18, 1939

1619

pality and division bonds; and the certification by the clerk of the Superior Court taking jurisdiction of such validation alone shall be sufficient certification. The proceedings for the validation may be instituted by the Solicitor General of any Judicial Court within which any of said counties lies, but the proceedings shall be served upon the authorities managing the fiscal affairs of each of said counties and they shall make answer thereto. Such indebtedness when incurred shall not be considered in determining the power of any of the counties composing said district, or any county or municipal corporation or political subdivision of said State, to incur any other bonded indebtedness.
Section 4. Be it further enacted by the authority aforesaid, 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 of this State for two months previous to the time for holding the next general election, and shall at the next general election be submitted to the people for ratification. All persons voting at such election in favor of adopting the said proposed Amendment to the Constitution shaH have written or printed on their ballots the words: "For ratification to Article Seven (i), Section Seven (7), Paragraph One ( 1), of the Constitution, authorizing the continuance of the Coastal Highway District as a body corporate and politic, composed of the Counties of Chatham, Bryan, Liberty, Mcintosh, Glynn r.nd Camden and to authorize the issuance of bonds by said district for paving and other incidental purposes," and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words: "Against ratification .to amendment to Article Seven ( 7), Section Seven ( 7), Paragraph One ( l), of the Constitution authorizing the continuance of the Coastal Highway District as a body corporate and politic, composed of the counties of Chatham, Bryan, Liberty, Mcintosh, Glynn and Camden and to authorize the issuance of bonds by said district for paving and other incidentai purposes"; and if a majority of the electors qualified to vote for members of the General Assembly voting thereon, shall vote for the ratification thereof when the results shall be consolidated as now required by law in elections for members of the General Assembly, then said amendment shall become a part of Article Seven (7), Section Seven (7), and known as Paragraph 1-d of the Constitution of this State, and the Governor shall make a proclamation thereof as provided by law.
Mr. Carmichael of Cobb moved the previous question, the motion prevailed, and the main question ordered.
The following House amendment to Senate Bill No. 136, was read and adopted:
Messrs. Gowen of Glynn, Atkinson, Grayson and MeNall of Chatham, Gill of Bryan, Smiley of Liberty, Ferguson of Camden and DeFoor of Mcintosh, move to amend Senate Bill No. 136 as follows:
First, by striking from the seventh line of Section 2 the words, "a total majority of the votes of the entire District must be favorable to bonds," and inserting in lieu thereof the following words: "Two-thirds of the voters voting in said election, m

1620

JOURNAL OF THE HOUSE,

the entire District must be favorable to bonds, and provided further that said two-thirds so voting favorably shall be a majority of the registered voters of all the counties of the District who are qualified to vote in said election."

Second, by striking from the eighth and ninth lines of said Section 2 the words, "a majority of the votes cast in Chatham County must be favorable to bonds" and inserting in lieu thereof the following words: "Two-thirds of the voters voting in said election in Chatham County must be favorable to bonds, which said two-third~ so voting, must be a majority of the registered voters of Chatham County who are qualified to vote in said election."

Third, so that said Section 2, when so amended, shall read as follows:

"The bonded indebtedness here provided for shall be incurred only after submission to the qualified voters of said District at an election t.o be called by the said District Commissioners and held in the same manner as elections for the incurring of a bonded indebtedness by counties, municipalities and divisions. In determining the result of the election the vote of the l'ntire District shall be consolidated and counted as a unit, and each county shall pay the expense of the election in that county; provided however, that two-thirds of the voters in said election, in thl' entire District, must be favorable to bonds and provided further that said two-thirds so voting favorably shall be a majority of the registered voters of all the counties of the District who are qualified to vote in said election, and also two-thirds of the voters voting in said election in Chatham County must be favorable to bonds, which said two-thirds so voting, must be a majority of the registered voters of Chatham County who are qualified to vote in said election, otherwise the bonds shall not be issued. The vote shall be consolidated and the result of the election declared by the Coastal Highway District Commissioners herein provided for. The Superior Court of any County in said District shall have jurisdiction to validate the said bonds, in conformity with the law providing for the validation of county, municipality and division bonds; and the certification by the clerk of the Superior Court taking jurisdiction of such validation alone shall be sufficient certification. The proceedings for the validation may be instituted by the Solicitor General of any Judicial Court within which any of said counties lies, but the proceedings shall be served upon the authorities managing the fiscal affairs of each of said counties and they shall make answer thereto. Such indebtedness when incurred shall not be considered in determining the power of any of the counties composing said district, or any county or municipal corporation or political subdivision of said State, to incur any other bonded indebtedness."
The report of the Committee, which was f~vorable 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:

Those voting in the affirmative were Messrs.:

Aiken Allen

Allison of Gwinnett Allison of White

Almand Ansley

SATURDAY, MARCH 18, 1939

1621

Atkinson Barrett Beck Bell Bennett of Clarke Bennett of Ware Blackshear Bloodworth Boyd of Greene Branch Bray Brooks of Oglethorpe Campbell Candler Carmichael of Butts Carmichael of Cobb Carrington Carter Chappell Clark Clary Claxton Clements of Calhoun Clements of Wheeler Conner Cook Corbett Culpepper of Mitchell Curry Dallis Davidson Davis of Coweta Davis of Floyd Dean DeFoor Dickerson Dockery Douglass Easley Edwards of Lowndes Ennis, J. H. Ennis, Marion Etheridge of Baker Etheridge of Fulton Etheridge of Houston Ferguson of Camden

Ferguson of Sumter Flanders Ford Forrester of Crisp Forrester of Dade Fowler of Douglas Fowler of Treutlen Franklin of Bulloch Franklin of Polk Gaines Gill Goddard Goolsby Gowen Graham Grant Grayson Greene Grice Griffin Gross of Stephens Gross of Washington Harrison of Crawford Harrison of Jenkins Harvey Henderson Herndon Hinson Holtzendorff Howard Jackson Joel Jones of Paulding Jones of Richmond Kelley Kendrick Kennedy Key Lanham Lanier Lewis Looper Lovett Mankin Marshall Mason

Maxwell McBride McCracken McDaniel McGraw McNall Middleton Miller Mills Moore of Lumpkin Moore of Taliaferro Morgan Pannell Parker Pharr Pierce Pilcher Purdy Ragan Rees Reid Rogers Rossee Roughton Rountree Sabados Sams Sanders Sapp Sartain Saunders Scott Smiley Stiles Strickland of Pierce Sumner Swindle Tate Terrell Thornton Tipton Tomlinson Trippe Turner Vickery Warren

1622

JOURNAL OF THE HOUSE,

Wells Whipple Whitaker

Wiggins Williams of Ware Wright

Yeomans

Those voting in the negative were Messrs.:

Brooks of Jackson Bynum Culpepper of Fayette Drake

Drinkard Edwards of Taylor Evans of McDuffie Foster

Jones of Brantley Thigpen of Glascock Wohlwender

Those not voting were Messrs.:

Barlow Binion Blease Boyd of Cook Bruce Bush Cheney Clements of Marion Cobb Connell Coogler Daughtry Elliott English

Evans of Laurens Gavin Guyton Harden Hardman Hatchett Hayes Hill Johnson Kaigler Kimbrough King Merritt Mosely

Moss Parham Preston Rawlins Simmons Smith of Henry Smith of Schley Strickland of Haralson Summerour Thigpen of Evans Tippins Wages Williams of Bacon Yawn

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

On the passage of the bill, as amended, the ayes were 151, the nays 11.

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

By unanimous consent, the bill was ordered immediately transmitted to the Senate.

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. Bennett of Ware-

House Bill No. 33. A bill to amend the Code so as to provide that recitals in a deed under sale of municipal taxes shall be prima facie evidence of the facts therein recited; and for other purposes.
By Mr. Thigpen of Glascock-

SATURDAY, MARCH 18, 1939

1623

House Bill No. 171. A bill to require Jo.~dges of all trial courts to grant a supersedas to all persons convicted or adjudged to be in contempt of court; and for other purposes.
By Messrs. Edwards and Connell of Lowndes-
House Bill No. 135. A bill to provide for limitation of time in which parties may intervene in any case in equity where assets are being administered; and for other purposes.
By Messrs. Sams, Candler and Turner of DeKalb--
House Bill No. 121. A bill to amend existing laws in regard to the provision for year's support for widows and minor children; and for other purposes.
By Messrs. Lanham and Davis of Floyd-
House Bill No. 89. A bill to amend the Code of 1933 relating to the making of reports by county superintendents; and for other purposes.
By Mr. Evans of McDuffie-
Hause Bill No. 23. A bill to repeal an Act approved February 16, 1938; to prescribe penalties for all felonies under the laws of this State; and for other purposes.
By Mr. Jones of Brantley-
Hause Bill No. 86. A bill creating the office of County Treasurer of Brantl~y County; and for other purposes.
By Messrs. Allison of Gwinnett, Bynum of Rabun, and others-
House Bill No. 258. A bill to define title insurance and provide comprehensive method for the licensing and regulating of the business of title insurance; and for other purposes.
By Messrs. Lewis and Wells of Burke-
House Bill No. 276. A bill to prohibit dealers in junk from trespassing to solicit the purchase of junk without the written permission of the owner of the land; and for other purposes.
By Mr. Fowler of Treutlen-
House Bill No. 277. A bill to amend the Code so as to authorize several counties to levy a tax each year for the conservation of natural resources; and for other purposes.
By Mr. Hinson of Jeff DavisHouse Bill No. 334. A bill to amend an Act by changing the time of holding
Superior Court in Jeff Davis County; and for other purposes. By Mr. Pilcher of Warren-

1624

JOURNAL OF THE HOUSE,

House Bill No. 364. A bill to amend the Code by changing the weight limi motor vehicles may transport agricultural and/or dairy products; and for other purposes.
By Mr. Herndon of Hart-
House Bill No. 386. A bill to amend the Highway Mileage Act by adding a road in Hart County; and for other purposes.
By Messrs. Harris of Richmond, Gross of Stephens, and others-
House Bill No. 469. A bill to authorize the State Highway Board in conjunction with adjoining states to purchase bridges; 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 Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton-
House Bill No. 473. A bill to provide that in Fulton County various county officials may name a chief deputy who would succeed him in office should a vacancy occur; and for other purposes.
By Messrs. Candler, Sams and Turner of DeKalb-House Bill No. 507. A bill to permit counties of a certain population to pass
zoning and planning laws upon consent of fifty-one per cent of property owners; 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 House, to-wit:
By Messrs. McGraw and Hatchett of MeriwetherHouse Bill No. 783. A bill providing for the holding of four terms of superior
court of Meriwether County; and for other purposes.
By Messrs. Parker and Barlow of ColquittHouse Bill No. 785. A bill amending an Act creating a new charter for the
City of Doerun; and for other purposes.
By Mr. Rossee of PutnamHouse Bill No. 787. A bill to abolish the offices of tax receiver and tax
collector of Putnam County; and for other purposes.

SATURDAY, MARCH 18, 1939

1625

By Mr. Carmichael of Butts-
House Bill No. 789. A bill to amend an Act creating a new charter for the City of Jackson; and for other purposes.
By Mr. Moore of Lumpkin-
House Bill No. 796. A bill amending the Act reincorporating the City of Dahlonega; and for other purposes.
By Mr. Sapp of Coffee-
House Bill No. 800. A bill to repeal an Act creating the office of Tax Collector of Coffee County; and for other purposes.
By Mr. Sapp of Coffee-
House Bill No. 801. A bill to repeal an Act creating the office of Tax Commissioner of Coffee County; and for other purposes.
By Messrs. ]. H. and Marion Ennis of Baldwin-
House Bill No. 802. A bill to amend an Act establishing a new charter of the City of Milledgeville; and for other purposes.
By Mr. Sapp of Coffee-
House Bill No. 805: A bill to repeal an Act creating the office of Tax Receiver of Coffee County; and for other purposes.
By Messrs. Lanham, Davis and Rogers of Floyd-
House Bill No. 807. A bill to amend an Act creating a new charter for the City of Rome; and for other purposes.
By Messrs. Harris, Lanier and Jones of Richmond-
House Bill No. 808. A bill to amend an Act so as to provide that the City Council of Augusta may delegate the city planning commission; and for other purposes.
The following message was received from the Senate through Mr. Hammonri, 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 Messrs. Candler, Sams and Turner of DeKalb-
House Bill No. 766. A bill providing for a retirement fund for teachers and employees in county school systems in certain counties; and for other purposes.
By Messrs. Candler, Sams and Turner of DeKalb-

1626

JOURNAL OF THE HOUSE,

House Bill No. 767. A bill providing for Civil Service for teachers and other employees of certain counties; and for other purposes.
By Messrs. Sabados and Allen of Dougherty-
House Bill No. 774. A bill to provide that any city in the State having a certain population, the governing authorities may take over the operation and maintenance of any hospital now in existence in said city; 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 requ1s1te constitutional majority the following bills and resolutions of the House, to-wit;
By Mr. Griffin of Wilkes-
House Bill No. 576. A bill amending an Act regulating the trapping of predatory fur-bearing animals in certain counties; and for other purposes.
By Mr. Wohlwender of Muscogee-
House Bill No. 647. A bill amending Se.:tion 30-107 of the Code of 1933 to provide certain privileges in divorce actions to residents of any Army Post or Military Reservation within the State; and for other purposes:
By Messrs. Barlow and Parker of Colquitt-
House Bill No. 651. A bill to prohibit goats from running at large in certain counties; and for other purposes.
By Messrs. Candler, Sams and Turner of DeKalb-
House Bill No. 674. A bill granting authority to certain County Commissioners of Roads and Revenues to adopt and enforce zoning ordinances in territories outside of municipal areas; and for other purposes.
By Mr. Foster of TownsHouse Bill No. 704. A bill requiring the Tax Collector of Towns County to
issue tax receipts in numerical order; and for other purposes.
By Mr. Jones of Brantley-
House Bill No. 712. A bill amending an Act abolishing the offices of Tax Receiver and Tax Collector of Brantley County and creating the office of Tax Commissioner; and for other purposes.
By Mr. Evans of McDuffieHause Bill No. 728. A bill providing the manner in which justices of the peace
and notaries public ex-officio justices of the peace shall be compensated in criminal cases in certain counties; and for other purposes.

SATURDAY, MARCH 18, 1939

1627

By Mr. Stiles of Fannin and Mr. Sartain of Walker-
House Bill No. 729. A bill to provide for the taxation of corporations engaged in the generation, etc., of electric power by the State and political sub-divisions; and for other purposes.
By Mr. Branch of Tift-
House Bill No. 623. A bill proposing an amendment to Article 7, Section 7, Paragraph l, of the Constitution to authorize an increase in the bonded indebtedness of Tift County; and for other purposes.
By Messrs. Stiles of Fannin and Sartain of Walker-
House Bill No. 730. A bill to provide for ad valorem taxation of corporation properties owned or possessed in this State as distinguished from government activities; and for other purposes.
By Messrs. Allison and Pharr of Gwinnett-
House Bill No. 733. A bill amending an Act incorporating the Town of Snellville in Gwinnett 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 reqms1te constitutional majority the following bills and resolution of the House, to-wit:
By Messrs. Hatchett and McGraw of Meriwether-
House Resolution No. 177-779 A. A resolution proposing to the voters an amendment to the Constitution so as to authorize the City of Greenville to incur a bonded inbedtedness; and for other purposes.
By Messrs. Beck and Reid of Carroll-
House Bill No. 474. A bill proposing an amendment to the Constitution so as to authorize the Town of Bowdon to refund an additional bonded indebtedness; and for other purposes.
By Mr. Kennedy of Tattnall-
House Bill No. 720. A bill proposing an amendment to the Constitution so a~ to authorize the Reidsville School District to incur an additional bonded indebtedness; and for other purposes.
By Mr. Bell of Grady-
House Bill No. 404. A bill proposing an amendment to the Constitution so as to authorize Grady County by vote of fiscal authority to issue certain bonds; and for other purposes.

1628

JOURNAL OF THE HOUSE,

By Mr. Swindle of Berrien-
House Bill No. 727. A bill proposing an amendment to the Constitution so as to authorize the City of Ray City to incur an additional bonded indebtedness; anc for other purposes.
By Mr. Swindle of Berrien-
House Bill No. 309. A bill proposing an amendment to the Constitution so as to authorize the City of Nashville to incur a bonded indebtedness to refund and pay off outstanding bonds; and for other purposes.
Under the special and continuing 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 Senators Brown of the 4th, Dawson of the 2nd and Warnell of the 1st Districts-
Senate Bill No. 138. A bill to be entitled an Act to prescribe the rights, duties and responsibilities in connection with the continuance of the Coastal Highway District; and for other purposes.
The following amendment to Senate Bill No. 138, was read and adopted:
Messrs. Gowen of Glynn, Atkinson, Grayson and MeN all of Chatham, Ferguson of Camden, Grice of Bryan, Smiley of Liberty and DeFoor of Mcintosh, move to amend Senate Bill No. 138, as follows:
First, by adding after the words "of each County" in the eighth line of Section 2, the following sentence:
"County Commissioners of the Counties of the District, shall be eligible to election as District Highway Commissioners of their respective Counties."
Second, by striking from the sixth, seventh and eighth lines of Section 6 the words "that a total majority of the votes of the entire District must be favorable to bonds and also a majority of the votes cast in Chatham County must be favorable to bonds," and inserting in lieu thereof the following:
"That two-thirds of those voting in the entire District must be favorable to bonds which said two-thirds so voting favorably must be a majority of those qualified to vote in said election, and also two-thirds of those voting in Chatham County must be favorabe to bonds, which said two-thirds so voting favorably must be a majority of those qualified to vote in said election in Chatham County."
The report of the Committee, which was favorable to the passage of the biB, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 107, the nays 1.
The bill having received the requisite conEtitutional majority was passed, as amended.

SATURDAY, MARCH 18, 1939

1629

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 tlw Senate, to-wit:
By Senators Cail of the 17th, Daves of the 14th, Dorminy of the 45th and Ho:t of the 3rd Districts-
Senate Bill No. 29. A bill to ,prohibit the State Board of Medical Examiner.; and Pharmacy Examiners from issuing license to practice medicine or pharmacy who was not born or naturalized in the United States; and for other purposes.
By Senator Warnell of the 1st District-
Senate Bill No. 177. A bill proposing an amendment to the Constitution to authorize the City of Savannah to incur additional bonded indebtedness; and for other purposes.
Under the special and continuing order of business established by the Committe~ on Rules, the following bills of the Senate were taken up for consideration and read the third time:
By Senator Palmour of the 33rd District-
Senate Bill No. 5. A bill to be entitled an Act to repeal Seeton 95-2111 of the Code of 1933, and to amend Section 95-2112 in regard to the bonded indebtt>dness; and for other purposes.
Mr. Blackshear of Hall, a member of the sub-committee appointed to study Senate Bill No. 5, reported back to the House, with the recommendation that same do pass, by substitute.
The following sub-committee substitute to Senate Bill No. 5, was read and adopted:
A BILL
To be entitled an Act to authorize a discount of highway refunding certificates issued to the various counties of this State pursuant to the Constitution thereof, to prescribe the purpose for which the proceeds thereof may be used; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That any county in this State holding highway refunding certificates issued to it pursuant to Article 7, Section 8, Paragraph 1, of the Constitution of Georgia, as amended, and the Act of the General Assembly of Georgia of 1933, relating thereto, as amended, may sell or discount any such certificates as authorized by said Act of the General Assembly of 1933, as amended, at a rate of discount not exceeding four per cent per annum, and apply the proceeds of

1630

JOURNAL OF THE HOUSE,

the sale or discount of such certificates to the payment of any lawful indebtedness of the county outstanding on the first day of March, 1939.

Section 2. Section One of this Act shall he fully operative notwithstanding any provision of said Act of 1933, as amended, limiting the purposes for which the proceeds of the sale of any such certificates may be used.

Section 3. Any county 'commissioner or other official of any county who shall violate any provision of this Act or apply any portion of the proceeds of the sale or discount of an such certificates to any purpose not authorized by this Act or other wise by law, shall be guilty of a misdemeanor, and punished accordingly and upou conviction thereof, be removed from office by order of the Judge of the Superior Court of such county.

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the bill, was agreed to, by substitute.

On the passage of the bill, by substitute, Mr. Blackshear of Hall moved thl' 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.:

Aiken Allison of Gwinnett Allison of White Ansley Barlow Barrett Bell Bennett of Ware Blackshear Bloodworth Boyd of Cook Branch Bray Brooks of Jackson Brooks of Oglethorpe Bruce Campbell Candler Carmichael of Butts Carmichael of Cobb Carrington Carter Chappell

Cheney Clark Clary Claxton Clements of Calhoun Clements of Marion Cobb Conner Cook Corbett Dallis Davidson Dean DeFoor Dickerson Dockery Douglass Drinkard Easley Edwards of Lowndes Edwards of Taylor Ennis, J. H. Ennis, Marion

Etheridge of Baker Etheridge of Fulton Etheridge of Houston Evans of McDuffie Ferguson of Sumter Flanders Ford Forrester of Crisp Forrester of Dade Foster Fowler of Douglas Fowler of Treutlen Franklin of Bulloch Franklin of Polk Gaines Gill Goddard Goolsby Gowen Graham Grant Grayson Greene

SATURDAY, MARCH 18, 1939

1631

Grice Griffin Gross of Stephens Gross of Washington Guyton Harrison of Crawford Harrison of Jenkins Harvey Henderson Herndon Hinson Holtzendorff Howard Jackson Joel Jones of Paulding Jones of Richmond Kaigler Kelley Kendrick Kennedy Key King Lanham Lanier Looper Lovett Mankin

Mason McBride McCracken McGraw Middleton Miller Mills Moore of Lumpkin Moore of Taliaferro Morgan Pannell Parham Parker Pharr Pierce Pilcher Purdy Ragan Rees Reid Rogers Rossee Roughton Sabados Sams Sanders Sapp Sartain

Those voting in the negative were Messrs.:

Bynum Davis of Coweta

Lewis

Those not voting were Messrs.:

Allen Almand Atkinson Beck Bennett of Clarke Binion Blease Boyd of Greene Bush Clements of Wheeler Connell Coogler

Culpepper of Fayette Culpepper of Mitchell Curry Daughtry Davis of Floyd Drake Elliott English Evans of Laurens Ferguson of Camden Gavin Harden

Saunders Scott Smiley Smith of Henry Smith of Schley Stiles Strickland of Haralson Strickland of Pierce Sumner Swindle Tate Terrell Thigpen of Glascock Tippins Tipton Trippe Turner Vickery Warren Whipple Whitaker Wiggins Williams of Bacon Williams of Ware Wohlwender Yeomans
McDaniel
Hardman Hatchett Hayes Hill Johnson Jones of Brantley Kimbrough Marshall Maxwell McNall Merritt Mosely

1632

JOURNAL OF THE HOUSE,

Moss Preston Rawlins Rountree Simmons

Summerour Thigpen of Evans Thornton Tomlinson Wages

Wells Wright Yawn

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

On the passage of the bill, by substitute, the ayes were 151, the nays 4.

The bill having received the requisite con~titutional majority was passed, by substitute.

By Senator Sanders of the 36th District-

Senate Bill No. 86. A bill to be entitled an Act to change the names of George Malcolm Smith and Herbert Watson Smith; and for other purposes.

Mr. Wohlwender of Muscogee moved that the bill be tabled.

On the motion to table, the ayes were 29, the nays 81, and the motion was lost.

Mr. Morgan of Troup moved the previous question, the- motion prevailed, and the main question ordered.

On the passage of the bill, Mr. Gross of Washington moved the ayes and nays, and the call was not sustained.

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

On the passage of the bill, Mr. Wohlwender of Muscogee moved the aye~ and nays, and the call was not sustained.

By unanimous consent, the House reconsidered its action in agreeing to th" report of the Committee.

By unanimous consent, the bill was referred to a sub-committee to be appointed by the Speaker to study the bill, and report back to the House.

As a sub-committee, the Speaker appointed the following members of the House, to-wit:

Messrs. Parker of Colquitt,

Culpepper of Fayette,

Sabados of Dougherty, and

Pierce of Terrell.

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

SATURDAY, MARCH 18, 1939

1633

Mr. Speaker:
The Senate has disagreed to the House amendment to the following bill of th,. Senate, to-wit:
By Senator Millican of the 52nd District-
Senate Bill No. 172. A bill to aid the Western and Atlantic Railroad by the creation of a commission authorized to contract for the construction, use and maintenance; and for other purposes.
The Senate has agreed to the House amendments to the following bills of the Senate, to-wit:
By Senators Durden of the lOth, Harrell of the 7th and Spivey of the 16th Districts-
Senate Bill No. 34. A bill to amend an Act entitled "Housing Authority Law"; and for other purposes. By Senator Millican of the 52nd District-
Senate Bill No. 58. A bill to amend an Act entitled an Act to provide for homesteads exempt from certain taxation; and for other purposes.
Mr. Clements of Wheeler moved that the House insist on its position on the House amendment to the following bill of the Senate, and requested the appointment of a Committee of Conference.
By Senator Millican of the 52nd District-
Senate Bill No. 172. A bill to be entitled an Act to aid the Western and Atlantic Railroad by creating a Commission to contract for and maintain income producing buildings; and for other purposes.
The Speaker appointed as a Committee of Conference on the part of th.~ Hous'! to confer with a like Committee on the part of the Senate on Senate Bill No. 17'1., the following members of the House, to-wit:
Messrs. Candler of DeKalb,
Clements of Wheeler, and
Carmichael of Cobb.
The following bills of the House were taken up for the purpose of considering the Senate amendments thereto:
By Messrs. Etheridge and Kendrick, and Mrs. Mankin of Fulton-
House Bill No. 358. 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 for other purposes,

1634

JOURNAL OF THE HOUSE,

The following Senate amendment to House Bill No. 358, was read and agreed to:
The Senate moves to amend House Bill No. 358 as follows:
By striking Paragraph 5, Sub-Paragraph (J) in its entirety (Section 4).
By adding after the words "Civil Service" m Section 5, Paragraph 1, SubParagraph (J) the words "or Tenure".
By adding a new sub-paragraph known as (L) to Section 5, Paragraph 1, and reading as follows: "Superintendents and Assistant Superintendents under the Board of Education, and other persons elected by said Board for definite terms; librarians employed through the Board of Education; clerks in schools and nurses, maids and employees in cafeterias in schools. Promotion or election by Board of Education from a position in which tenure is provided by law to another position under the Board in which tenure is not so provided shall not destroy the tenure status of such person. Librarians and clerks in schools sfiall serve during good behavior and efficient service under such rules and regulations as may be established by the Board."
By adding a new sub-paragraph known as ( M) to Section 5, Paragraph 1, and reading as follows: ( M) Officers and employees of the Carnegie Library and its branches."
By adding a new sub-paragraph known as ( N) to Section 5, Paragraph 1, and reading as follows: " ( N) Recreational Director in the Department of Parks."
By adding a new sub-paragraph known as ( P) to Section 5, Paragraph 1, and reading as follows: "(P) Employees of the City of Atlanta making a salary of less than seventy dollars ($70.00) per month."
By adding at the end of Section 18 the following: "Anything herein to the contrary notwithstanding, where an appointing authority has adopted or hereafter adopts a rule for compulsory retirement of all of Its employees upon their reaching an age provided by such appointing authority, the provisions of this Act shall be , subject to any such rule of such appointing authority."
By Messrs. Rogers, Lanham and Davis of Floyd-
House Bill No. 764. A bill to be entitled an Act to amend the Chart~&r of the City of Rome; and for other purposes.
The following Senate amendment to House Bill No. 764, was read and agreed to:
The Senate moves to amend House Bill N .). 764, as follows:
By inserting immediately before the repealing clause a new section to be known as Section 5, in words and figures as follows, to-wit:
"Section 5. That the Act approved December 21, 1937, amending the Charter

SATURDAY, MARCH 18, 1939

1635

of the City of Rome he and the same is hereby amended by adding at the end oi
Section 3 of said Act the following provision, to-wit: 'Provided, however, a person shall not be rendered ineligible to be a member of said Board, although he may hold an office of profit or trust under the City, County or State, if the duties of such office are not said person's regular employment and is his principal source of income, and provided further no member of the City Commission of said City shal~ be eligible to be a member of said Board."
Senator Brinson further moves to amend House Bill No. 764 by properly renumbering the repealing clause and by amending the caption of said Act to conform to the amendments proposed.
Under the special and continuing order of business established by the Commit tee on Rules, the following bill of the Senate was taken up for consideration and read the third time:
By Senator Groover of the 37th District-
Senate Bill No. 181. A bill to be entitled an Act to amend an Act approved February 28, 1937, which amended Section 53-208 of the Code of 1933; and for other purposes.
The report 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 bills and resolutions of the House were taken up for the purpose of considering the Senate amendments thereto:
By Messrs. Bloodworth, Merritt and Grice of Bibb-
House Resolution No. 93-361 C. A resolution directing the State Librarian to furnish certain Supreme Court Reports and Court of Appeals Reports to the City of Macon; and for other purposes.
The following Senate amendment to House Resolution 93-361 c was read and agreed to:
The Senate moves to amend House Resolution 93-361 c by striking the wordb, "and directed" in the second paragraph of said resolution so as to make said resolution permissive instead of mandatory.
By Mr. Forrester of Dade-
House Resolution No. 60-259 A. A resolution authorizing and directing the State Librarian to furnish certain books to Dade County; and for other purpose~.
The following Senate amendment to House Resolution No. 60-259 a was read and agreed to :

1636

JOURNAL OF THE HOUSE,

The Senate moves to amend House Resolution No. 60-259 a by striking the words, "and directed", and the words, "and supply" in the third paragraph of said resolution so as to make said resolution permissive instead of mandatory.
By Mr. Barrett of Cherokee-
House Bill No. 750. A bill to be entitled an Act to re-incorporate the Town of Woodstock; and for other purposes.
The following Senate amendment to House Bill No. 750, was read and agreed to:
The Senate moves to amend Section 37 by adding at the end of said section the following:
"Provided, however, that the provisiOns of this Section shall not apply to property assessed for ad valorem taxation by the State Revenue Commissioner under the provisions of Section 92-5903 of Georgia Code of 1933 and Act No. 296, Extra Session of 1937-1938."
By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton-
House Bill No. 653. A bill to be entitled an Act to amend the charter of East Point; and for other purposes.
The following Senate amendment to House Bill No. 653, was read and agreed to:
The Senate moves to amend House Bill No. 653 as follows:
Amend Section 27 by adding at the end of said Section the following: "Provided, however, that the provisions of this Section shall not apply to property assessed for ad valorem taxation by the State Revenue Commissioner under the provisions of Section 92-5903 of Georgia Code of 1933 and Act No. 296, Extra Session of Georgia General Assembly 1937-1938."
Amend Section 31 by striking said Section and inserting in lieu thereof the following: "Said City shall have authority to regulate the use of its streets for business purposes, including the right to impose a reasonable license tax on persons using its streets for business purposes."
Amend Section 52 by striking the same in its entirety and inserting in lieu the following: "For water furnished, and for all sewerage and sanitary service rendered, said City shall have a lien prior and superior to all other liens, claims or demands except taxes, against the premises served, whether the owner of such premises be the customer or not, from the date the water is contracted for, or such services commences, up to and until all charges therefor shall have been paid in full."
Amend Section 22 by striking all of said Section after the word "lot" on Line 4 and inserting after the word "lot" on Line 4 the following: "and the 5anitary tax in no case shall be less than three dollars."
By Messrs. Lanham, Davis and Rogers of Floyd-

SATURDAY, MARCH 18, 1939

1637

House Resolution No. 186-807 A. A resolution authorizing the State Librarian to furnish certain missing court reports for the use of the Judge of Superior Court in Floyd County; and for other purposes.
The following amendment to House Resolution No. 186-807a, was read and agreed to:
The Senate moves to amend House Resolution No. 186-807 a, by striking the words, "and directed" in Paragraph 4, Line 3, of said resolution so as to make said resolution permissive instead of mandatory.
Mr. Wohlwender of Muscogee 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. Edwards of Lowndes arose to a point 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 substitute as amended by the requisite constitutional majority the following bill of the House, to-wit:
By Messrs. Hill of Screven and Lovett of Laurens-
House Bill No. 446. A bill to create a special fund for the sole purpose of paying salaries of the teachers of the common schools; and for other purposes.
The following message was received from the Senate through Mr. HllmmonJ, the Secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following bills of the House, to-wit:
By Messrs. Etheridge, Kendrick, and Mrs. Mankin of Fulton and Messrs. Candler, Turner and Sams of DeKalb-
House Bill No. 607. A bill proposing to the voters an amendment to the Constitution so as to authorize the Boards of Education of Fulton and DeKalb Counties to make temporary loans; and for other purposes.
By Mr. Whitaker of Appling-
House Bill No. 822. A bill to amend an Act creating and establishing a new charter for the City of Baxley by creating a City Authority; and for other purposes.

1638

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 substitute by the requisite constitutonal majority the following bill of the House, to-wit:
By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton-
House Bill No. 811. A bill to amend the Charter 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 agreed to the House substitute to the following bill of the Senate, to-wit:
By Senator Millican of the 52nd District-
Senate Bill No. 66. A bill to amend the Constitution authorizing the General Assembly to enact laws to create a pension fund for Fulton and Richmond Counties; 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 requ1s1te constitutional majority the following bills and resolutions of the House, to-wit:
By Messrs. Bynum of Rabun, Carmichael of Cobb, and othersHouse Bill No. 693. A bill to bestow the name of Bleckley upon the mountain
in Rabun County now known as Screamer Mountain; and for other purposes.
By Messrs. Etheridge, Kendrick and Mrs. Mankin of FultonHouse Bill No. 694. A bill to amend Article 7, Section 7, Paragraph 1, of the
Constitution to require the Fulton County Board of Education to assume certain bonded indebtedness; and for other purposes.
By Mr. Allison of GwinnettHouse Bill No. 759. A bill appropriating certain sums of money to the State
Veterinarian for making payment to cattle owners for cattle reacting to tests for Bang's Disease; and for other purposes. By Mr. Harrison of Jenkins-
House Bill No. 820. A bill creating a new charter for the City of Millen; and for other purposes.

SATURDAY, MARCH 18, 1939

1639

By Messrs. Jones of Paulding, Trippe and Franklin of Polk and Fowler of Douglas-
House Bill No. 823. A bill abolishing the fee system, as applied to the office of Solicitor General, in the Superior Courts of Tallapoosa Circuit; and for other purposes.
By Mrs. Mankin of Fulton-
House Resolution No. 132-497 A. A resolution authorizing the Governor to sell a certain tract of land in the City of Atlanta for the development of a Farmers' Market.
By Mr. Almand of Walton-
House Resolution No. 124-467 A. A resolution designating State Highway Route 10 from Athens, Georgia, via Monroe and Stone Mountain to Atlanta as "The Stone Mountain Memorial Highway."
By Messrs. Conner of Dooly, Reid and Beck of Carroll-
House Resolution No. 203. A resolution urging the members of Congress to pass a resolution to pay the family of S. F. Sewell, deceased, adequate and reasonable compensation for his untimely death.
By Messrs. Parker and Barlow of Colquitt-
House Bill No. 747. A bill amending an Act creating the City Court of Colquitt County; and for other purposes.
Under the special and continuing order of business established by the Com mittee on Rules, the following bill of the Senate were taken up for consideration and read the third time:
By Senator Boykin of the 29th District-
Senate Bill No. 186. A bill to be entitled an Act repealing a section of the Code of 1933 relating to the appointment of members of the Prison and Parole Commission; and for other purposes.
The following Committee Substitute to Senate Bill No. 186, was read:
A BILL
To be entitled an Act to amend an Act approved February 3, 1938, Georgia Laws 1937-1938, Extraordinary Session, Page 200 et sequentia; to provide for the election of the members of the State Prison and Parole Commission of the State of Georgia; to provide that the Governor of the State of Georgia shall !lave the power to fix the expiration date for term of each of the present members of said Commission; to fix their terms of office; to provide for an interim appointment of said members by the Governor; 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:

1640

JOURNAL OF THE HOUSE,

Section 1. That Section 2 of the Acts of 1937-38, Extraordinary Session, Georgia Laws 1937-38, Page 200 et sequentia, be and the same is hereby amended by striking from said Act Section 2 in its entirety and substituting in lieu thereo~ the following :
"The State Prison and Parole Commission shall be composed of three members who shall be elected by the qualified voters of the State of Georgia and whose terms of office shall be for a period of six years. One of said members shall be eiected at the general election held in 1940, and one at the general election to be held in 1942, and one in the general election to be held in 1944. The term ot office for each member thus elected shall be for six years, commencing on the first day of January following such election. A successor to each member of the Commis~ion shall be elected in the general election next before the term of office expires. The present members of the Prison and Parole Commission shall serve until their successors are elected as herein provided. The Governor shall fix the expiration date for the term of each of the present members of said Commission, so that the term of one of said members shall expire December 31, 1940, and one on December 31, 1942, and one December 31, 1944. The Governor, by and with the consent of the Senate, shall name one member of said Commission as Chairman, whose term as such Chairman shall run concurrently with his membership on said Commission. The said Chairman shall be the executive director of said Commission and shall exercise the administrative powers of the Commission when the same is not in session, and direct generally the administration of laws, rules and regulations of the Prison and Parole Commission.
Section 2. All vacancies from any cause .Jn said Commission shall be filled by appointment by the Governor, subject to the approval of the Senate.
Section 3. This Act shall become effective immediately upon the approval by the Governor.
Section 4. All laws and parts of laws in conflict herewith be and the same are hereby repealed.
Mr. Gross of Stephens moved the previous question, the motion prevailed, and the main question ordered.
The Committee Substitute to Senate Bill No. 186, was adopted.
The report of the Committee, which was favorable to the passage of the bill, was agreed to, by substitute.
On the passage of the bill, by substitute, the ayes were 103, the nays 14.
The bill having received the requisite constitutional majority was passed, by substitute.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:

SATURDAY, MARCH 18, 1939

!641

Mr. Speaker:
The Senate ms1sts on its pos1t10n in disagreeing to the House amendment to the following bill of the Senate, to-wit, and asks for a committee of conference:
By Senator Millican of the 52nd District-
Senate Bill No. 172. A bill to aid the Western and Atlantic Railroad by the creation of a commission authorized to contract in the name and behalf of the Stat~ of Georgia for the construction and maintenance of income producing buildings; and for other purposes.
The President has named as a Committee of Conference on the part of the Senate:
Senators Millican of the 52nd,
Abbot of the 18th, and
Cloud of the 19th Districts.
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. Campbell of Newton and Gill of Bryan-
House Bill No. 649. A bill to regulate political primary elections for th? nomination of candidates for the State Senate; 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 House, to-wit:
By Messrs. Harris, Lanier and Jones of Richmond-
House Bill No. 742. A bill to amend Article 7, Section 7, Paragraph 1, of the Constitution so as to authorize the City Council of Augusta to make temporary loans; and for other purposes.
By Mr. Graham of Brooks-
House Bill No. 638. A bill to prohibit goats from running at large in certain counties; and for other purposes. By Messrs. Looper of Dawson, Warren of Forsyth and Barrett of Cherok~e-

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House Bill No. 677. A bill to amend the Traylor-Neill Act authorizing the Highway Board to add to the State Aid System a certain road in Dawson, Forsyth and Cherokee Counties; and for other purposes.
By Messrs. Beck and Reid of Carroll-
House Bill No. 274. A bill proposing an amendment to Article 7, Section 7, Paragraph 1, of the Constitution authorizing the City of Carrollton to incur additional bonded indebtedness ; and for other purp'lses.
By Mr. Swindle of Berrien-
House Bill No. 414. A bill giving private bankers the right to charge exchange on checks drawn on them under certain conditions; and for other purposes.
By Mr. Kennedy of Tattnall-
House Bill No. 322. A bill authorizing the Governor to sell certain land~ of Tattnall Prison Farm to County Board of Education of Tattnall County; and for other purposes.
By Mr. Dean of Rockdale-
House Bill No. 478. A bill providing for distribution of funds received from State Highway contracts with counties; and for other purposes.
By Messrs. Marion and J. H. Ennis of Baldwin, Lanham and Davis of Floyd-
House Bill No. 760. A bill to appropriate $483,991.08 to the State Department of Public Welfare for certain uses; and for other purposes.
By Messrs. Harris of Richmond and Parker of Colquitt-
House Bill No. 591. A bill continuing the present rate of taxation on beer; and for other purposes.
By Mr. Allen of Dougherty-
House Bill No. 810. A bill to amend Section 22 of the General Tax Act, No. 360, which provides that no person shall be exempt from any tax imposed who has more than one employee to assist in conducting such business; and for other purposes.
By Mr. Holtzendorff of Ben Hill-
House Resolution No. 165-647 A. A resolution proposing to the qualified voters amendment to Article 7, Section 6, Paragraph 1, of the Constitution so as to authorize the City of Fitzgerald to levy a tax of one mill to promote new industries; and for other purposes.
Under the special and continuing order of business established by the Committee on Rules, the following bill of the Senate was taken up for consideration and rt'ad the third time:
By Senator Manning of the 39th District-

SATURDAY, MARCH 18, 1939

1643

Senate Bill No. 43. A bill to be entitled an Act to define and prohibit reckless driving to restrict the speed limit; and for other purposes.
The following substitute to Senate Bill No. 43, was read:
By Mr. Jones of Richmond-
A BILL
To be entitled an Act to define reckless driving, and to prohibit the same; to restrict the speed on the public streets and highways of this State ; to provide for the erection of stop signs; to provide for the dimming of lights of motor vehicles; to provide that vehicles using the public roads and highways be equipped with reflectors to serve as a warning signal to drivers of approaching: vehicles and to provide how the minimum requirements of reflectors shall be determined ; to require the filing of reports of accidents by operators or occupants oi motor vehicles involved in accidents on p-ublic streets and highways; to require reports by the coroners in the several Counties of the State concerning deaths resulting from accident on public streets and highways; to provide for the enforcement, penalties and punishment for the violation 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 GEORGIA AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAME:
SECTION 1. Reckless Driving:
(a) Any person who drives any motor vehicle upon a street or highway in this State in such a manner as to be in willful or wanton disregard of the safety oi persons or property is guilty of the criminal offense of reckless driving.
(b) Every person convicted of reckless Jriving shall be punished as follows: Upon first convicted, by imprisonment for not less than five ( 5) days nor more than 60 days, or by a fine of not less than Twenty-Five Dollars ($25.00) nor more than One Hundred Dollars ($100.00), or by both such imprisonment and fine; and upon a second or subsequent conviction shall be punished by imprisonment fot not less than ten ( 10) days nor more than six (6) months, or by a fine of not less that Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00), or by both such imprisonment and fine.
SECTION 2. Restrictions as to Speed:
(a) No person shall operate a motor vehicle upon any public street or highway at a speed that is greater than is reasonable and safe, having due regard to the conditions then existing, including the width, grade, character, traffic, and common use of such street or highway, or so as to endanger life or limbs, or property in any respect whatsoever.
(b) Subject to the foregoing limitations operators of motor vehicles upon the public streets and highways of this State are authorized to operate them up to but not exceeding the speed limits provided in the following classified tabulation:

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Total gross combined weight of

Speed in miles per hour

motor vehicle and load in pounds

Kind of Tires

Metallic

Solid

Pneuma tit

Less than 10,000 ------------------------------------------------------ 10

25

55

10,000 to 16,000 ------------------------------------------------------ 8

20

40

Over 16,000 -------------------------------------------------------------- 5

18

35

Provided, however, that all passenger motor vehicles operated on the public streets and highways of this State and having .rneumatic tires are authorized to op-
erate at a speed up to but not exceeding 55 miles per hour.

Provided, further, that the maximum speed limit for buses used in transporting school children, and when actually transporting one or more school children, shall not be operated in excess of 40 miles per hour, and provided further that all school buses must be inspected when required, or requested, by the Director of Public Safety or any member of the Georgia State Patrol, in order to ascertain its mechanical and physical condition as to brakes, lights and any other feature which in the opinion of the Director of Georgia Department of Safety may deem essential, for the safety of its driver, passengers, and general public.

(c) Whenever the Department of Public Safety shall determine, upon a basis of an engineering or traffic survey, that any speed herein above authorized is greater than is safe under the conditions found to exist on any segment of a public street or highway, said Department shall fix, determine and declare special speed restrictions thereat and therefor, and may put same into effect by erecting proper highway signs, giving notice of said restrictions at such place or places.

(d) The speed limitations set forth in this article shall not apply to authorized emergency vehicles when responding to emergency calls or when in immediate pur. suit of an actual or suspected violator of the laws of this State, provided, however, that all such emergency vehicles shall observe the limitations hereinabove imposed at all times other than those specified in this paragraph, and this provision shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the public streets and highways, nor shall it protect the driver of any emergency vehicle from the consequences of reckless disregard of the safety of others.

SECTION 3. Stop Signs:
(a) The Department of Public Safety is authorized to fix rules in respect to right-of-way at intersections of said highways or public roads outside of municipalities and to promulgate other reasonable safety rules in respect thereto, and to give notice of same by proper signs erected at or near said intersections. Said signs to be erected and maintained by Highway Department Maintenance Department.
(b) Every driver of a motor vehicle and every motor man of a street car shall stop at such stop signs as shall be erected or made by the Department of Public Safety at the approach of such intersections, except when directed to proceed by a police officer or traffic control signal.

SATURDAY, MARCH 18, 1939

1645

SECTION 4. Dimming Lights:
(a) Every motor vehicle operated on the public streets or highways of this State shall be equipped with two front head lights located near the side extremities of the front, capable of revealing a person, vehicle or object at least five hundred feet (500 ft.) ahead in the darkness, and so arranged that at no time will the beam from said lights create a blinding glare or interfere with the vision of the driver of any vehicle approaching within five hundred feet (500 ft.) of said vehicle; and any auxiliary headlights in front must be extinguished when within five hundred feet (500 ft.) of any vehicle ahead or any congested traffic area; provided, further, that every such motor vehicle shall be equipped also with a rear light, red in color, and visible for at least two hundred feet (200 ft.) in the darkness in the rear; and provided, further, that said lights, both front and rear, when said motor is being operated on a public street or highway must be lighted one half hour after sunset to one half hour before sunrise and at any other time when vision is restricted for any reason less than five hundred feet (500 ft.) along a public street or hig;hway.
(b) Provided further that all trucks of more than lJ/, ton capacity shall have clearance lights at each extremity in the front and clearance lights at each extremity in the rear. Where the cab of said truck is not as wide as the body said clearanc~: must be placed at the widest extremity of the body, so as to clearly indicate the width of the truck to approaching traffic from either direction. Said lights not to be of any glaring or blinding nature.
SECTION 5. Reflectors.
(a) All vehicles using the public roads and highways of the State of Georgia at night shall be equipped with front and rear reflectors, in addition to the lights required by Section 4 of this Act, to serve as a warning signal to drivers of approaching vehicles.
(b) The Department of Public Safety is hereby vested with the authority t6 determine and specify the type of reflectors to be placed on vehicles; to approve reflecting meeting the minimum requirements; and to make such other reasonable rules and regulations needed for the use of said reflectors.
(c) The fact that no reflectors, or reflectors failing to meet the m1mmum requirements and approval of the said Department of Public Safety according to the said rules and regulations of the Department, are on the vehicle, shall be considered prima facie evidence of negligence on the part of the owner of such a vehicle.
SECTION 6. Filing of Accident Reports.
(a) The driver of a motor vehicle involved in an accident on a public street or highway resulting in injury to or death of any person or in a total property damage to an extent of Fifty Dollars ($50.00) or more shall, within twenty-four (24) hours after such accident, forward a written report of such accident to the Department of Public Safety on a form prepared by said Department, provided, that said Department in its discretion may require the filing of a supplemental report

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in any case where it shall deem the original report to be insufficient, and may require witnesses of such to render reports to said Department.
(b) Whenever the driver of a motor vehicle involved in any accident referred to in the next preceding paragraph shall be incapable of making the required accident report and there is another occupant of the vehicle at the time of the accident capable of making such report such occupant shall make or cause to be made such accident report.
(c) The Department of Public Safety shall prepare and upon request supply to the police departments, sheriffs, coroners, and other suitable agencies or individuals, forms for use in making said accident reports, which reports shall call for sufficiently detailed information to disclose the nature of said traffic accident, its apparent cause, the conditions surrounding the accident, persons and vehicles involved.
(d) Every coroner of this State and every other official performing the functions of a coroner shall on or before the tenth (lOth) day of each calendar month report in writing to the Department of Public Safety the death of any person within his jurisdiction during the preceding calendar month as the result of an accident involving a motor vehicle on a public street oc highway and the circumstances of such accident as are available.
(e) All required accident reports and supplemental reports shall be without prejudice to the individual so reporting and shall be for the confidential use of the Department except that the Department may disclose the identity of a person involved in an accident when such identity is not otherwise known or when such person denies having been present at such accident; provided, that no such report shall be used as evidence in any trial, civil or criminal, arising out of the accident, except that the Department shall furnish upon demand of any person who has or claims to have made such a report, or upon demand of any court, a certificate showing that the specified accident report has or has not been received by the Department, solely to prove a compliance or failure to comply with the requirement that such report be made.
(f) The Department shall tabulate and analyze all such accident reports and shall publish annually or at more frequent intervals statistical information based thereon as to the number and circumstances of traffic accidents.
(g) Investigation of an accident by police or other public officers shall not excuse persons from the duty of making the reports to the Department as herein required.
SECTION 7. Be it further enacted that should any section or paragraph or part of this Act be declared void for any reason by proper authority, the remaining parts and portions of the same shall continue to be in full force and effect.
SECTION 8. Be it further enacted by virtue of the authority afore&aid that the foregoing provisions as to speed shall supersede and stand in lieu of all other Georgia legislation in respect to speed of motor vehicles upon the public strf'ets and

SATURDAY, MARCH 18, 1939

1647

highways of this State and that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
Mr. Parker of Colquitt moved the previous question, the motion prevailed, and the main question ordered.
The following amendments to the Substitute to Senate Bill No. 43, were read and adopted:
Gross of Stephens-
Moves to amend substitute to Senate Bill No. 43 by adding a new paragraph to Section 2 to be known as paragraph "E" and to read as follows:
Paragraph "E" Provided however that nothing in this Act shall affect the rights of Municipalities to regulate speed of motor vehicles within their corporate limits, when said speed limit is equal to or less than the maximum speed provided for in this Act."
Gross of Stephens-
Moves to amend Substitute to Senate Bill No. 43 by adding immediatdy after the words "area" and before the words "Provided further" the words "and shali keep them extinguished until passing the approaching vehicle."
Franklin of Polk moves to amend Substitute for Senate Bill No. 43 by adding
to Section 5, a sub-section appropriately lettered and to read as follows:
(d) The provisions of this Act shall become operative and effective 30 days after date of approval.
Carmichael of Cobb, Harris of Richmond and Scott of Thomas, move to amend the Substitute for Senate Bill No. 43 by adding thereto a new section to be appropriately numbered and read as follows:
"Be it further enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of same, that any person, firm or corporation who makes affidavit to the Chief Clerk of the Motor Vehicle Division of the State Revenue Department that their motor vehicle was not used except on their own farm, nor beyond the city limits of any incorporated town in the State during the year 1937, and that they have purchased all tags required by law since December 24, 1937, that upon the making of said affidavit that the Maintenance Tax Act approved March 30, 1937, known as the Maintenance Tax Act and repealed by ar. Act of the General Assembly approved December 24, 1937, as applied to th-: affiant, be and the same is hereby suspended."
Bell of Grady moves to amend House Substitute for Senate Bill No. 43 by adding a new Section to be appropriately numbered and inserted as follows, to-wit:
"Penalty for violation of this Act. Any person violating the provisions of thi~ Act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished as for a misdemeanor, or as otherwise provided in this Act. It is the

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duty of every arresting officer both county, municipal and State, to enforce the provisions of this Act."
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 123, the nays 11.
The bill having received the requisite constitutional majority was passed by substitute, as amended.
Messrs. Maxwell of Muscogee, Clary of Columbia and Sabados of Doughtrty requested that the Journal show that they voted against the passage of the bill.
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 bills of the House, to-wit:
By Mr. Whipple of Bleckley and others-
House Bill No. 76. A bill amending the Constitution, so as to provide that judges of the Superior Courts may, in vacation, hear and determine any matter of issue where a jury verdict is not required, or may be waived; and for other purposes.
By Mr. Davis of Floyd-
House Bill No. 436. A bill amending the Code so as to change the qualifications of the county superintendents of schools in certain counties; and for other purposes.
By Messrs. Blackshear and Terrell of Hall--
House Bill No. 244. A bill providing for an appropnatwn from the State Treasurer for the purpose of purchasing law books for Hall County; 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 to the following bill of the Senate, to-wit:
By Senator Boykin of the 29th District-
Senate Bill No. 186. A bill to amend the Code providing for appointment of the members of the Prison and Parole Commission; and for other purposes.

SATURDAY, MARCH 18, 1939

1649

Under the special and continuing 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. 3. A bill to be entitled an Act to repeal an Act to regulate boxing, sparring and wrestling exhibitions in Georgia; and for other purposes.
Mr. Connell of Lowndes moved the previous question, the motion prevailed, 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 Ill, the nays 12.
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. Campbell of Newton and Gill of Bryan-
House Bill No. 649. A bill to be entitled an Act to regulate political primary elections for the nomination of candidates for the State Senate; and for other purposes.
The following Senate amendment to House Bill No. 649, was read anti agreed to:
The Senate moves to amend House Bill No. 649 by adding at the end of Section 3, the following:
"Provided that notwithstanding any other provisions of this Act in every Senatorial district composed of counties having equal representation in the House of Representatives that no such county shall furnish the nominee for State Senator in said district at two successive elections unless the same is consented to by the Executive Committees of each of the other counties in said district. By Messrs. Parker and Barlow of Colquitt-
House Bill No. 219. A bill to be entitled an Act to amend Section 32-9906 of the Civil Code of 1933, known as the Compulsory School Attendance Law; to provide an additional penalty for the violation of said Section and said Law; and for other purposes.
The following Senate amendment to House Bill No. 219, was read and agreed to:
The Senate moves to amend House Bill No. 219 by striking in line 4 of Section l the words "and thirty (30 days) on the Public Works of said State (Chain Gang) for each offense, any one or all of said penalties in the discretion of said court" and add the words "for each offense."

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By Messrs. Henderson of Irwin, Hill of Screven and Kennedy of Tattnall-
House Bill No. 446. A bill to be entitled an Act to reduce State Employees' salaries; and for other purposes.
The following Senate amendment to House Bill No. 446, was read and disagreed to :
A BILL
To be entitled an Act to require each Department, Division, Bureau or Agency of the State Government of Georgia to pay into a special fund of the State Treasury an amount each month, beginning April 1, 1939, equal to whatever salary reduction, elimination of employees, saving in expense accounts, or other reduction in expenditures, including reductions in telephone, telegraph, postage, water, lights, heating, or savings of any and every kind and nature which may be made by the said Department, Division, Bureau or Agency, or by the Budget Cornmission, in the budget of any Department, Division, Bureau or Agency; and to allocate and appropriate said special fund: One-third to paying the present operating deficit now existing against the Milledgeville State Hospital until same is paid; and two-thirds to the common school fund for the sole purpose of paying the salaries due the common school teachers of the State of Georgia; and, after the present operating deficit against the Milledgeville State Hospital is paid, the entire amount of said fund to be allocated and appropriated to the common school fund for the aforesaid purpose; 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. On and after April 1, 1939, each Department, Division, Bureau or Agency of the State Government of Georgia shall pay into a special fund of the State Treasury an amount each month, on the first day thereof, equal to whatever salary reduction, elimination of employees, saving in expense accounts, or other reduction in expenditures, including resductions in telephone, telegraph, postage, water, lights, heating or savings of any and every kind and nature, which may be made by the said Department, Division, Bureau or Agency or by the Budget Cornmission in the budget of any Department, Division, Bureau or Agency said saving to be paid from funds allocated and appropriated to such Department, Division, Bureau or Agency, respectively.
Section 2. Said special fund is hereby expressly allocated and appropriated one-third to paying the present operating deficit of the Milledgeville State Hospital, and two-thirds to the common school fund for the express purpose of paying the salaries due the common school teachers of the State of Georgia; and, after the present operating deficit of the Milledgeville State Hospital is paid, the whole amount of said fund is hereby expressly allocated and appropriated to the common school fund for the sole purpose of paying the salaries of the common school teachers of Georgia.

SATURDAY, MARCH 18, 1939

1651

The provisions of this bill shall become inoperative on the first day of the next convening of the General Assembly.
Section 3. All laws or parts of laws m conflict with this Act shall be, and the same are hereby repealed.
By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton-
House Bill No. 607. A bill to be entitled an Act to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph I, of the Constitution of Georgia, so as to authorize the Board of Education to make temporary loans; and for other purposes.
The following Senate amendment to House Bill No. 607, was read and agreed to:
The Senate moves to amend House Bill No. 607 by adding "a comma" and the words "Floyd County" after the words "Fulton County" on line seven of Section 1.
Amend caption, line 3 by adding a comma and the words "Floyd County" after the words "Fulton County".
Amend Section 2, line 11, by adding a comma and the words "Floyd County" after the words "Fulton County". Further to amend line 15 by adding a comma and the words "Floyd County" after the words "Fulton County."
By Mr. Whitaker of Appling-
House Bill No. 822. A bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Baxley, by creating for said City of Baxley a City Authority; and for other purposes.
The following Senate amendment to House Bill No. 822, was read and agreed to:
The Senate moves to amend House Bill No. 822, by inserting in the caption after the word "March" the following "10," and further amends in Section 1 after the word "March" in the third line by inserting the following "10,".
By Mr. Clark of Catoosa-
House Resolution No. 171-740 A. A resolution authorizing the State Librariaf' to furnish certain law books to Catoosa County; and for other purposes.
The following Senate amendment to House Resolution No. 171-740 A was read and agreed to:
The Senate moves to amend House Resolution No. 171-740 A by striking the words "and directed" in the third line of paragraph three of said resolution, so as to make said resolution permissive instead of mandatory.
By Messrs. Allison and Pharr of Gwinnett-
House Resolution No. 128-480 A. A resolution to provide certain volumes of

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JOURNAL OF THE HOUSE,

the Supreme and Court of Appeals Reports to Gwinnett County; and for other purposes.
The following Senate amendment to House Resolution No. 128-480 A, was read and agreed to:
The Senate moves to amend House Resolution No. 128-480 A as follows:
Whereas, in 1935 and 1936 the Courthouse in Taylor County was razed for the purpose of constructing a new one; and
Whereas, in the moving the equipment from the old building and into the new one certain Volumes of the Supreme Court Reports and also of the Court of Appeals Reports belonging to Taylor County were lost or destroyed, and
Whereas, the business of the Superior Court of Taylor County is hampered and delayed on account of said missing volumes.
Be it therefore resolved, by the General Assembly of Georgia, that the State Librarian be and she is hereby directed to supply to the proper authorities of Taylor County the following volumes of the Supreme Court reports, to-wit:
2, 62, 63, 67, 70, 80, 87, 103, 127, 128, 130, 145, 151, 152, 155, 156, 161, 166, 173, 180.
Also the follcwing Reports of the Court of Appeals, to-wit:
7, 15, 16, 18, 25, 27, 28, 30, 36, 38, 46, 47, 52, 53.
The Senate moves to amend House Resolution 128-480A by striking the words, "directed to supply" in the third paragraph of said resolution, and inserting in lieu thereof, the word, "authorized."
By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton-
House Bill No. 811. A bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta; and for other purposes.
The following Senate substitute to House Bill No. 811, was read and agreed to:
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA and it is hereby enacted by the authority of same that the Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, be, and the same are hereby amended as follows:
Section 1. Section 356 of the charter of the City of Atlanta, as disclosed by the Code of Atlanta, 1924, is amended by adding the following at the end thereof:

SATURDAY, MARCH 18, 1939

1653

"In all cases where such Chief, officer, member of employee of said department is indicted by the Grand Jury of Fulton County, or any other county of the State of Georgia, for an offense involving moral turpitude, or an offense pertaining to, tJr concerning his official conduct, he shall by virtue of such indictment, be suspended without right to compensation until he may be tried by the Police Committee of the General Council, or by a jury in the Superior Court, or other court having jurisdiction, and upon conviction either by the Police Committee, or by the jury, he shall thereupon be discharged."
SECTION 2. The Mayor and General Council of the City of Atlanta are hereby authorized to convey to Ernest G. Beaudry, his heirs, successors and assigns, the following described tract of land, now a p.ut of the park property of the City of Atlanta:
"All that tract or parcel of land lying and being in Land Lot 154 of the Seventeenth (17th) District of Fulton County, Georgia, more particularly described as follows:
"Beginning at a point on a line four hundred (400) feet west of Northside Drive and Two Hundred fifty (250) feet north of the second street south of Peachtree Creek running west from Northside Drive; thence west one hundred forty-one and ten one-hundredths (141.10) feet to Memorial Drive; thence northeasterly along south side of Memorial Drive one hundred and eighty-eight and sixtenths (188.6) feet; thence south one hundred thirty and seven-tenths (130.7) feet to the point of beginning."
SECTION 3. That the territorial limits of the City of Atlanta be and are hereby extended so as to take in territory adjacent to the present limits, fully described as follows:
"All that tract or parcel of land lying and being in the 15th District of DeKalb County, Georgia, more particularly described as follows:
"A tract of land on the south side of Glenwood Avenue beginning at the corner of West Street and Glenwood Avenue ~.nd extending East along the South side of Glenwood Avenue a distance of approximately 1550 feet to Lot No. 8, according to a plat made by Gordon Nalley, Engineer, and extending thence South approximately 185 feet, more or less, to the Southwest corner of Lot No. 8, thenc<" West to West Street; thence North approximately 117.4 feet to the point of beginning."
SECTION 4. The power and authority of the City of Atlanta under its present charter and ordinance and all laws appertaining to said City as a municipality are hereby extended over and made effective in every part of the territory included in the limits above described on January 1st, 1940. The power and authority of the officers of the City are made coextensive with the limits as extended by this Act, and all other rights and powers necessary to carry out and enforce the laws and ordinances governing said City of Atlanta; the power of taxing property and of fixing and regulating licenses for business; to assess, issue executions for, and,

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JOURNAL OF THE HOUSE,

in cases of default, sell the property upon which taxes art' due, as now prescribed by charter; and the laws and ordinances of the City of Atlanta are extended to all limits included under the terms of this Act. The power of the Health Department, Police Department, City Tax Assessors and Receivers, Tax Collector, Marshal, Clerk of Council, Building Inspector, Recorder, and all other officers of the City of Atlanta are extended to the new limits as fully and completely as they exist within the former limits and under the present charter, the laws and ordinances governing the City of Atlanta. Said new territory is likewise made subject to all the bonds heretofore issued by the City of Atlanta, and are bound for the payment of said bonds equally with the former territory of the City of Atlanta.
SECTION 5. All laws and parts of laws in conflict with these laws be and the same are hereby repealed.
By Messrs. Simmons and Mills of Decatur-
House Resolution No. 142-533 B. A resolution authorizing and directing the State Librarian to furnish certain books to Decatur County; and for other purpose~.
The following Senate amendment to House Resolution No. 142-533 B, was read and agreed to:
The Senate moves to amend House Resolution No. 142-533 B by striking the word, "required," and the words, "and directed" in the fourth paragraph of said resolution, so as to make said resolution permissive instead of mandatory.
By Messrs. Goddard and Purdy of Spalding-
House Resolution No. 55-241 A. A resolution' authorizing the State Librarian to furnish certain law books to the Clerk of the Superior Court of Spalding County; and for other purposes.
The following Senate amendment to House Resolution No. 55-241 A, was read and agreed to :
The Senate moves to amend House Resolution No. 241 A by striking the words, "and directed" in the third line of the second paragraph of said resolution so as to leave the said resolution permissive instead of mandatory.
By Messrs. Blackshear and Terrell of Hall-
House Bill No. 244. A bill to be entitled an Act to provide for an appropriation from the State Treasurer for the purpose of purchasing law books for the County of Hall to replace law books destroyed by storm; and for other purposes.
The following Senate amendment to House Bill No. 244, was read and agreed to:
The Senate moves to amend House Bill No. 244 by adding a new section to be known as Section 1 A.
"There is hereby appropriated from the Treasury of the State of Georgia,

SATURDAY, MARCH 18, 1939

1655

the sum of $750.00, for the purchase of Georgia reports, Volumes 1 and 2 preliminary, and Volumes 1 to 186 inclusive; Georgia Appeals Reports, Volumes 1 to 57 inclusive; for the use of Emanuel County in place of the law books of Emanuel County destroyed by fire. Upon the purchase of said law books, the Treasurer of the State of Georgia is hereby authorized and directed to pay said sum to the proper authorities for said purpose."
Further amends caption, line 3 after the word "storm" the following: "and for the County of Emanuel to replace books destroyed by fire."
The Senate amends House Bill No. 244, by adding a new section to be known as Section 2 A.
"There is hereby appropriated from the Treasury of the State of Georgia, the sum of $750.00 for the purchase of a complete set Georgia Reports and a complete set of Georgia Acts and a complete set of Georgia Appeals Reports for the use of Oconee County, all books of the County having been destroyed by fire. The Treasurer of the State of Georgia is hereby authorized and directed to pay said sum to the proper authorities for said purpose."
Further amends caption, line 3 after the words "and for the County of Emanuel to replace books destroyed by fire," by adding the following: "and for the County of Oconee to replace books destroyed by fire."
By Messrs. Whipple of Bleckley, Grice of Bibb, Forrester of Crisp, Key of Jasper, Bennett of Ware, Atkinson of Chatham, Evans of McDuffie, Dean of Rockdale, Allen of Dougherty and Hill of Screven-
House Bill No. 76. A bill to be entitled an Act to amend Paragraph 8 of Section 4 of Article 6, of the Constitution of the State of Georgia, so as to provide that Judges of the Superior Courts may in vacation hear and determine any matter, where a jury verdict is not required; and for other purposes.
The following Senate amendment to House Bill No. 76, was read and agreed to:
The Senate amends House Bill No. 76, by inserting in the last line of Se~.:tion 1 between the word "be" and the word "waived" the words "and has been".
The following message was received from the Senate through Mr. Hammond. the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House Substitute, as amended, to the following bill of the Senate, to-wit:
By Senator Manning of the 39th District-
Senate Bill No. 43. A bill to define and prohibit reckless driving; to restrict the speed limit; and for other purposes.
Under the special and continuing order of business established by the Com-

1656

JOURNAL OF THE HOUSE,

mittee on Rules, the following bills and resolution of the Senate were taken up for consideration and read the third time:
By Senator Twiggs of the 40th District-
Senate Bill No. 185. A bill to be entitled an Act to amend the "Equalizing Educational Opportunities Act"; and for other purposes.
The report 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 3.
The bill having received the requisite constitutional majority was passed.
Messrs. Grice of Bibb, Jones and Lanier of Richmond requested that the Journal show that they voted against the passage of the bill.
By Senator Cail of the 17th District-
Senate Bill No. 146. A bill to be entitled an Act to amend Section 95-1 i' lj
of the Code of 1933, relating to the condemnation of rights-of-way by permitting condemnation of property for public roads to the width of 200 feet at the base; and for other purposes.
The report 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 21.
The bill having received the requisite constitutional majority was passed.
Mr. Foster of Towns requested that the Journal ~how that he voted against the passage of the bill.
By Senator Brooks of the 8th District-
Senate Resolution No. 48. A resolution that the first ten amendments to the United States Constitution be and are hereby ratified; 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 2.
The resolution having received the requisite constitutional majority, was adopted.
By Senators Spivey of the 16th, Durden of the lOth, Harrell of the 7th, Cloud of the 17th and Brinson of the 42nd Districts-
Senate Bill No. 182. A bill to be entitled an Act to grant to the legal owner of land the right to recover the value from trees cut from said land without written consent of the said legal owner of said land; and for other purposes.

SATURDAY, MARCH 18, 1939

1657

The report 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 9.
The bill having received the requisite constitutional majority was passed.
Mr. Aiken of Bulloch requested that the Journal show that he voted against the passage of the bill.
By Senator Durden of the lOth District-
Senate Bill No. 224. A bill to be entitled an Act to amend an Act to authorize and empower the Governor to assign and set apart the rentals of the Western and Atlantic Railroad ; and for other purposes.
The report of the Committee, which was favorble to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, the nays 7.
The bill having received the requisite constitutional majority was passed.
The following resolutions of the House were read and adopted:
By Messrs. Culpepper of Fayette and Harris of Richmond-
House Resolution No. 206. A resolution authorizing the continuance of the Economy Committee in full force and effect until June 1, 1939; and for other purposes.
By Messrs. Bennett and Williams of Ware-
House Resolution No. 207.
A RESOLUTION
Whereas, the Honorable Jack Gardner of Brunswick, Georgia, the Honorable Hadley Brown, Senator from the Fourth District, and the Honorable Charlie Gowen of Brunswick, Georgia, have extended an invitation to the members of the House of Representatives to be their guest for a week-end between June lOth, and September lOth, 1939, and
Whereas, it is most gracious, kind and thoughtful of the said distinguished gentleman of Brunswick to invite the members of the House of Representatives to be their guests and to enjoy the wonderful sea breezes of the "marshes of Glynn," down in the land of sunshine and plenty,
Be it therefore resolved, that the House of Representatives accepts this very kind invitation of the Honorable Jack Gardner, the Honorable Hadley Brown, and the Honorable Charlie Gowen, and that the Speaker of the House be designated to work out a suitable week-end between the dates specified and that the members be notified through the press of the date agreed upon.
Be it further resolved, that the House express to these gentlemen its appreciation for the most gracious invitation and that a copy of this resolution be sent by the Clerk of the House to the Honorable Jack Gardner at Brunswick, Georgia,

1658

JOURNAL OF THE HOUSE,

Be it further resolved, that the House express to the representative from Glynn County its appreciation for his fine work in this session and to commend him most highly to his people.
By Mr. Harrison of Jenkins-
House Resolution No. 208.
A RESOLUTION
Whereas, throughout the present session of the deliberations of the House of Representatives, the sound equipment added much to facilitating said deliberations, and
Whereas, this sound equipment is a necessary service to said House members, and has been very much appreciated by all members in debate, as well as others, and said sound equipment has at all times functioned properly for the benefit of said House,
Be it therefore resolved by the House that the Acoustic Equipment Company be in this manner apprised of the satisfaction of the House in said sound equipment,
4
and its perfect service, under the direction of P. C. Bangs, in charge.
By Mr. Daughtry of Wilkinson-
House Resolution No. 209. A resolution expressing apprec1at10n of the visit of Commander-in-Chief Van Antwerp and his party to the State of Georgia; and for other purposes.
By Messrs. Carrington of Barrow and Joel of Clark-
House Resolution No. 210.
A RESOLUTION
Whereas, the British Government has now under consideration the abrogation of the Balfour Declaration which provides Palestine as a National Home for its Jewish people, and
Whereas, the United States is a party to said declaration, and
Whereas, the Jewish people have contributed much to the upbuilding and development of Palestine, and
Whereas, the Jews of Europe are today facing a grave crisis occasioned by the brutality and inhuman tactics of foreign dictators, and
Whereas, the people of the State of Georgia are not in sympathy with such uncivilized actions by such foreign dictators, and
Whereas, it is the concensus of public opinion in the State of Georgia that the establishment of a Jewish Homeland in Palestine should not be hindered or delayed, but rather should be encouraged and aided,
Therefore, be it resolved, that the Georgia House of Representatives urge

SATURDAY, MARCH 18, 1939

1659

the British Gove~nment to abide by the terms of the Balfour Declaration and allow the Jewish people to proceed with the establishment of a Jewish Homeland in Palestine, and
Be it further resolved, that the House protest the inhuman and barbaric treatment of religious groups, and
Be it further resolved, that a copy of this resolution be sent to the Prime Minister of England.
The following bill of the House was taken up for the purpose of considering the Senate amendment thereto:
By Messrs. Allison of Gwinnett; Gowen of Glynn, MeN all and Grayson of Chatham and Bennett of Ware--
House Bill No. 213. A bill to be entitled an Act to amend an Act relating to licenses for motor vehicles; and for other purposes.
The following Senate amendment to House Bill No. 213, was read and agreed to:
The Senate amends House Bill No. 213 as follows:
By adding the following words at the end of Section 1. "This provision shall have no application to the regular vehicular fees charged for all private motor vehicles, carriers."
The following report of the Committee of Conference on Senate Bill No. 172, was read and agreed to :
Mr. President and Mr. Speaker:
Your Committee on Conference on Senate Bill No. 172 recommends the following:
That the Senate accept House Amendment No. 1.
That the House recede from House Amendment No. 2, and that the Senate and House accept in lieu thereof the following:
Strike the words beginning in line 15, Section 5, with "shall pay" and ending with the words "being paid" on line 17 and insert in lieu thereof the following:
"The lessee or lessees agrees to pay during the entire term of said lease all taxes, both on the lot and the improvements as they now are or may hereafter be made which may be lawfully assessed against said property, and all street and sidewalk improvements, curbing, white lights, sewer, or other kind of assessments which may be lawfully assessed against said property by State, County and City authorities."
That the Senate adopt House Amendment No. 4.

1660

JOURNAL OF THE HOUSE,

BY THE HOUSE

BY THE SENATE

Clements of Wheeler

Millican of the 52nd District

Carmichael of Cobb

Clark of the 19th District

Candler of DeKalb

Abbot of the 8th District.

The following bills of the House were taken up for the purpose of considering the Senate amendments thereto:

By Mr. Davis of Floyd-

House Bill No. 436. A bill to be entided an Act to amend Section 32-1004 of the Civil Code of 1933, so as to change the qualifications of the County Superintendents of Schools in counties of a certain population; and for other purposes.

The following Senate amendment to House Bill No. 436, was read and agreed to:

The Senate moves to amend House Bill No. 436, line 33 by adding before thf" word "election" the words "a primary".

By Mr. Key of Jasper-
House Bill No. 124. A bill to be entitled an Act to fix the taxable situs of intangible trust property; and for other purposes.
The following Senate amendment to House Bill No. 124, was read and agreed to:
The Senate amends House Bill No. 124, by adding after the word "property" in line 1, the following: "which trust was or is created by a resident of this State"
Under the special and continuing 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 Jordan of the 15th District-
Senate Bill No. 227. A bill to be entitled an Act to abolish the offices of Tax Receiver and Tax Collector and creating the office of Tax Commissioner of Wheeler 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.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:

SATURDAY, MARCH 18, 1939

1661

Mr. Speaker:

The Senate has passed as amended by the requisite constitutional majority the following bill of the House, to-wit:

By Mr. Sapp of Coffee-
House Bill No. 755. A bill to repeal an Act entitled an Act to establish the
City Court of Douglas; 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 resolutions of the House, to-wit:

By Mr. Pannell of Murray-

House Resolution No. 62-259 C. A resolution authorizing the state librarian to furnish certain books to Murray County; and for other pu.rposes.

By Mr. Pannell of Murray-

House Resolution No. 63-259 D. A resolution authorizing the State Libraria11 to furnish certain Georgia Reports to Murray 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. Henderson of Irwin-

House Bill No. 420. A bill amending the Constitution so as to authorize the City of Ocilla, Georgia, to incur bonded indebtedness; and for other purposes.

By Messrs. Marion and ]. H. Ennis of Baldwin-

House Bill No. 625. A bill enlarging the powers of the Trustees of Georgia Military College; and for other purposes.
By Messrs. Marion and J. H. Ennis of Baldwin-

House Bill No. 624. A bill granting to the Georgia Military College certain lands ; and for other purposes.

Under the special and continuing order of business established by the Committee on Rules, the following bill of the Senate was taken up for conside'ration and read the third time:

By Senator Millican of the 52nd District-

1662

JOURNAL OF THE HOUSE,

Senate Bill No. 113. A bill to be entitled an Act to amend Code Section 40-1608 of the Code of 1933 with reference to Assistant Attorney Generals: and for other purposes.
The report 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 62.
'The bill having failed to receive the requisite constitutional majority, was lost.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:
Mr. Speaker:
The Senate insists upon its position on its substitute as amended to the following bill of the House, to-wit:
By Messrs. Hill of Scteven and Lovett of Laurens-
House Bill No. 446. A bill to create a special fund for the sole purpose of paying the salaries of the teachers of the common schools ; and for other purposes.
The President named as a committee on conference on the part of the Senate to confer with a like committee on the part of the House on House Bill No. 446 the following senators:
Senators Howe of the 38th, Daves of the 14th and Twiggs of the 40th Districts.
The following message was received from the Senate through Mr. Hammonci. the Secretary thereof:
Mr. Speaker:
The Senate has disagreed to the Conference Committee report and has receded from Senate Amendments Nos. 12 and 13 to the following bill of the House, to-wit:
By Messrs. Lanier, Harris and Jones of Richmond and Kendrick of Fulton and MeN all of Chatham-
House Bill No. 49. A bill amending an Act known as "Unemployment Compensation Law", approved March 29, 1937; and for other purposes.
Under the special and continuing 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. 230. A bill to be entitled an Act to amend Code Section 92-3715 of 1933, by striking the words "one and one-fourth mills" where the same

SATURDAY, MARCH 18, 1939

1663

occur in said section and inserting in lieu thereof "three mills" ; and for other purposes.
Mr. Gross of Stephens moved the previous question, the motion prevailed, and the main question ordered.
The following amendments to Senate Bill No. 230, were read and adopted :
Mr. Etheridge of Fulton moves to amend Senate Bill No. 230 by adding the words "be amended" in the fourth line of Section 1 thereof, immediately after the parenthesis and before the word "by" in said line.
Mr. Davis of Coweta moves to amend Senate Bill No. 230 by adding a new section before the repealing clause and to be appropriately numbered and to read as follows:
That the increase authorized by this Act from 174 mills to not exceeding 3
mills shall expire at the end of two years from the passage of this Act and that after the expiration of this Act the counties of the State shall be authorized to levy a tax not to exceed 1.J4 mills.
Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton move to amend Senate Bill No. 230 as follows:
1.
By striking Section 1 of said bill in its entirety and inserting in lieu thereof 2 new section to be known as Section 1.
Section 1. Be it enacted by the General Assembly of the State of Georgia that from and after the passage of this Act Code Sectior; 92-3715 of the Code of 1933 as amended by the Act approved March 31, 1937 (as published in Georgia La,._,-s 1937, pages 444-446) be amended by striking from said sedion the words "one and one-fourth mills'' and inserting in lieu thereof the words "three mills; provided, that said tax shall not exceed one and one-fourth mills except upon recommendation :~f two successive grand juries of the county, made by a two-thirds vote of said grand juries"; so that said section as amended, shall read as follows:
"92-3715. Tax for the support of paupers.-The Ordinary or other authority empowered to levy taxes is authorized to levy for the support of the paupers of the county, a tax not in excess of three mills; provided, that said tax shall not exceed one and one-fourth mills except upon recommendation of two successive grand juries of the county, made by a two-thirds vote of said grand juries."
2.
Further moves to amend the caption of said bill accordingly.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, Mr. Etheridge of Fulton moved the ayes and nay~, and the call was sustained.

1664

JOURNAL OF THE HOUSE,

Mr. Carmichael of Cobb asked unanimous consent, that explanation of votes bl' dispensed with, and the consent was granted.

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

Those voting in the affirmative were Messrs.:

Aiken Allen Allison of Gwinnett Almand Beck Bell Bloodworth Boyd of Cook Branch Brooks of Oglethorpe Bynum Campbell Candler Carmichael of Cobb Carrington Carter Cheney Clark Clary Claxton Clements of Calhoun Clements of Marion Clements of Wheeler Conner Cook Corbett Curry Dallis Daughtry Davidson Davis of Coweta Dean Dockery Douglass Elliott Ennis, J. H. Ennis, Marion Etheridge of Baker

Etheridge of Fulton Etheridge of Houston Ferguson of Camden Ford Forrester of Dade Foster Fowler of Douglas Fowler of Treutlen Franklin of Bulloch Franklin of Polk Gaines Goddard Gowen Greene Grice Griffin Harrison of Crawford Harrison of Jenkins Harvey Holtzendorff Howard Jackson Joel Jones of Richmond Kelley Kendrick Key King Lanham Lanier Lewis Looper Mankin Marshall Mason Maxwell McCracken McGraw

Middleton Moore of Lumpkin Moore of Taliaferro Morgan Pannell Pharr Pierce Pilcher Preston Purdy Reid Rossee Sabados Sams Sapp Sartain Saunders Scott Smiley Stiles Strickland of Haralson Strickland of Pierce Swindle Tate Terrell Thigpen of Evans Thigpen of Glascock Tippins Trippe Turner Vickery Wells Whipple Whitaker Wiggins Williams of Bacon Williams of Ware Wohlwender

SATURDAY, MARCH 18, 1939

1665

Those voting in the negative were Messrs.

Atkinson Barlow Barrett Bennett of Ware Blackshear Blease Bray Bruce Carmichael of Butts Connell Culpepper of Fayette DeFoor Drinkard Edwards of Lowndes

Edwards of Taylor Evans of McDuffie Ferguson of Sumter Flanders Forrester of Crisp Grant Grayson Gross of Stephens Guyton Harden Henderson Hinson
1ones of Paulding
Kennedy

McBride McDaniel McNall Parham Parker Rogers Roughton Smith of Henry Smith of Schley Sumner Tomlin~on Yeomans

Those not voting were Messrs.:

Allison of White Ansley Bennett of Clarke Binion Boyd of Greene
Brooks of 1ackson
Bush Chappell Cobb

Gavin Gill Goolsby Graham Gross of Washington Hardman Hatchett Hayes Herndon

Coogler Culpepper of Mitchell Davis of Floyd Dickerson Drake

Hill
1ohnson 1ones of Brantley
Kaigler
Kimbrough

Easley English

Lovett Merritt

Evans of Laurens

Miller

Mills Mosely Moss Ragan Rawlins Rees Rountree Sanders Simmons Summerour Thornton Tipton Wages Warren Wright Yawn

By unanimous consent, verification of the roll call wa~ dispenst'd with.

On the pass<J.ge of the bill, as amended, the ayes were 112, the nays 41.

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

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, on House Hiil No. 446, the salary reduction bill, the following members of the House, to-wit:

Messrs. Fowler of Treutlen,

Hill of Screven, and

Marion Ennis of Baldwin.

1666

JOURNAL OF THE HOUSE,

The following message was received from the Senate through Mr. Harr.monri the Secretary th~reof:
Mr. Speaker:
The Senate has amended by the requisite constitutional majority the following bill of the House, to-wit:
By Messrs. Marion and J. H. Ennis of Baldwin-
House Bill No. 698. A bill providing for the sale of surplus products of institutions under the control and supervision of the State Department of Publi'; Welfare; and for other purposes.
The following message was received from the Senate through Mr. Hammond, the Secretary ther~of:
Mr. Speaker:
The Senate has passed by the requisit~ constitutional majority the following resolutions of the House, to-wit:
By Mr. Cook of Chattooga-
House Resolution No. 61-259 B. A resolution relieving Dr. W. B. Hair of the bond of L. N. Roberson; and for other purposes.
By Mr. Cook of ChattoogaHouse Resolution No. 64-259 E. A resolution relieving surety W. B. Hair from
bond forfeiture in Chattooga City Court; and for other purposes.
Under the special and continuing 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 Brown of the 4th, Thrasher of the 27th and Brooks of the 8th Districts-
Senate Bill No. 179. A bill to be entitled an Act to amend Georgia Laws Extra Session 1937-1938, pages 332-337, authorizing the Commissioner of Agriculture to promnlgate rules and regulations in reference to sanitation, distribution and transportation of sea foods; and for other purposes.
The report of the Committee, which was favorable to the passage of the bill. was agreed to.
On the pa~sage of the bill, the ayes were 108, the nays 0.
The bill having received the requisite constitutional mapority was passed.
By Senators Brown of the 4th, Thrasher of the 27th and Brooks of the 8th Districts-
Senate Bill No. 180. A bill to be entitl<!d an Act to repeal Section 45-210

SATURDAY, MARCH 18, 1939

1667

of the Code relating to license fees levied on commercial fishing boats, by providing an additional lieense on non-residents or aliens; and for other purposes.
The report 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 Senators Howe of the 38th and McGinty of the 43rd Districts-
Senate Bill No. 203. A bill to be entitled an Act providing for the retirement of any member of the Industrial Board upon having attained the age of 75 years, with 15 or more consecutive years service; and for other purposes.
Mr. Lovett of Laurens moved that the bill be tabled, and the motion was lost.
Mr. Beck of Carroll moved the previous question, the motion prevailed, 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. Lovett of Laurens moved the ayes and nays, and the call was not sustained.
On the passage of the bill, the ayes were 93, the nays 22.
The bill having failed to receive the requisite constitutional majority was lost.
Mr. Atkinson of Chatham moved that the House reconsider its action in failing to pass the bill.
On the motion to reconsider, the ayes were 87, the nays 13.
The motion prevailed, and the bill was reconsidered. Mr. Grayson of Chatham moved the previous question, the motion prevailed, and the main question ordered. The following amendment to Senate Bill No. 203, was read and adopted: Messrs. Lovett of Laurens and Atkinson of Chatham {1) move to amend Senate Bill No. 203 by adding after the word retirement in the fourth line of the second paragraph the following: "not to exceed $1800.00 per year." (2) By adding in the third line of Section 1 after the word "Georgia" the following: "now in office." On the passage of the bill, as amended, the ayes were 105, the nays 7. The bill having received the requisite constitutional majority was passed, a3 amended. The following message was received from the Senate through Mr. Hammond, the Secretary thereof:

1668

JOURNAL OF THE HOUSE,

Mr. Speaker:
The Senate has agreed to the House amendments to the following bill of thl! Senate, to-wit:
By Senator Millican of the 52nd District-
Senate Bill No. 230. A bill amending Code Section 92-3715 by authorizing the counties to levy a tax of 3 mills for the support of the paupers; and for other purposes.
Under the special and continuing 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 Howe of the 38th, Millican of the 52nd, Harrell of the 7th, Lindsay of the 34th and Groover of the 37th Districts-
Senate Bill No. 160. A bill to be entitled an Act to repeal the Act creating the State Penal Administration Board; and creating the Board of Penal Correction; and for other purposes.
Mr. Clary of Columbia moved the previous question, the motion prevailed, and the main question was ordered.
The following Committee amendments to Senate Bill No. 160, were read and adopted:
Committee moves to amend Senate Bill No. 160 by amending Section 10 of said bill by inserting in the fifth line of said section, after the words "transmit the same," the following words: "less the cost of material and necessary expense of manufacture or production."
Committee moves to amend Senate Bill No. 160 by amending Section 10 of said bill by adding at the end of said section the following:
"Said Board shall have authority to use so much of said monies as may be necessary to pay the cost of material and the expense of production without the necessity of first transmitting such amounts to the State Treasurer."
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 111, the nays 2.
The bill having received the requisite constitutional majority was passed, as amended.
By Senator Lindsay of the 34th District-
Senate Bill No. 183. A bill to be entitled an Act to amend Section 84-903 of the Code of 1933, relating to the appointment of members of the State Medical Board; and for other purposes.

SATURDAY, MARCH 18, 1939

1669

Mr. Carmichael of Cobb moved the previous question, the motion prevailed. and the main question was ordered.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 117, the nays 2.
The bill having received the requisite constitutional majority was passed.
By Senators Smith of the 24th and Lindsay of the 34th Districts-
Senate Bill No. 218. A bill to be entitled an Act establishing and creating a corporation to be known as the Atlanta Produce Market Authority; and for other purposes.
Mr. Carmichael of Cobb moved that the bill be tabled. On the motion to table, Mr. Swindle of Berrien moved the ayes and nay~, and the call was not sustained.
On the motion to table, the ayes were 64, the nays 47.
The motion prevailed, and the bill was tabled.
The following report of the Committee of Conference on House Bill No. 446, was submitted and read:
Mr. President: Mr. Speaker:
Your conference committee which has had under consideration House Bill No. 446 respectfully reports that it is unable to agree.
Senate Conferees: Don B. Howe, 38th District, J. W. Twiggs, 40th District, V. C. Daves, 14th District. House Conferees: G. M. Hill, Jr., Screven County, Marion Ennis, Baldwin County, ]. W. Fowler, Treutlen County.

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:

1670

JOURNAL OF THE HOUSE,

By Messrs. McBride of Montgomery and Edwards of Lowndes-
House Bill No. 407. A bill to prevent the spread of hog cholera; and for other purposes.
The Senate has accepted the report of the Conference Committee in stating that they were unable to agree and the President appointed the following Senators as a second Conference Committee to confer with a like committee on the part of the House:
Senators Holt of the 3rd,
Causey of the 46th, and
Harrell of the 7th Districts;
on the following bill of the House, to-wit:
By Mr. Henderson of Irwin, and others-
House Bill No. 446. A bill providing for 12.Y;!% reduction of salary for certain State employees.
The Speaker appointed as a second 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. 446, the salary reduction bill, the following members of the House, to-wit:
Messrs. Hill of Screven,
Grayson of Chatham, and
Dean of Rockdale.
Under the special and continuing 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 Durden of the lOth and Harrell of the 7th DistrictsSenate Bill No. 104. A bill to be entitled an Act to amend an Act providing
for the registration of trade names, partnership names, etc., providing that registration shall be advertised in the. county; and for other purposes.
Mr. Davis of Coweta moved that the bill be indefinitely postponed.
On the motion to indefinitely postpone, the ayes were 76, the nays 37.
The motion prevailed.
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:

SATURDAY, MARCH 18; 1939

1671

By Senators Howe of the 38th and McGinty of the 43rd Districts-

Senate Bill No. 203. A bill to provide for the retirement of any member of the Industrial Board upon having attained the age of 77 years; and for other purposes

By Senators Howe of the 38th, Millican of the 52nd, Harrell of the 7th, and others-

Senate Bill No. 160. A bill to repeal an Act creating the State Penal Admin-

istration Board, to be known as the Board of Penal Corrections; and for other

purposes.



The following bills and resolutions of the House were taken up for the purpose of considering the Senate amendments thereto:

By Mr. Sapp of Coffee-
House Bill No. 755. A bill to be entitled an Act to repeal an Act to establish the City Court of Douglas, Coffee County; and for other purposes.

The following Senate amendments to House Bill No. 755, were read and agreed to:

The Senate moves to amend House Bill No. 755, Section 1, by striking the

period at end of said section and inserting the following: "as of the date specified

in Section 7 of said Act." Further amend by striking Section 7 in its entirety and

inserting in lieu the following:



Section 7. Be it further enacted by the authority aforesaid, that this Act shall take effect only in the event of its approval by a majority of the voters of Coffee County, who are qualified to vote at the last general election for members of the General Assembly, who shall vote at an election to be called for the purposl' of ratifying or rejecting this Act. The ordinary of .Coffee County shall call an election, to be held during the month of April, 1940, for the purpose of ratifying or rejecting this Act. At said election those favoring the approval and adoption of this Act shall have their ballots marked "for repeal of the Act creating and establishing the City Court of Douglas; in the City of Douglas, in Coffee County, Georgia" and those voting against the adoption of this Act and for the rejection thereof shall have their ballots marked "against repeal of the Act creating anrl establishing the City Court of Douglas, in the City of Douglas, in Coffee County, Georgia." If a majority of the qualified voters voting in said election vote 'for repeal of the Act creating and establishing the Court of Douglas, in the City of Douglas, in Coffee County, Georgia" this Act shall be of full force and effect and said court will become abolished and cease to exist on December 31st, 1940; otherwise this Act shall be void and of no effect.
The Senate moves to amend House Bill No. 755, by striking Section 6 and inserting a new section to be known as Section 6 and reading as follows:
Section 6. Be it further enacted by the authority aforesaid, that all suits brought in the City Court of Douglas, Coffee County, Georgia, and pending therein, wh~re service has been regularly perfected, when the same would be ready

1672

JOURNAL OF THE HOUSE,

for disposition at the next term of the City Court of Douglas, be and the saml: are hereby declared for trial at the next term of the Superior Court of Coffee County, Georgia, held after December 31st, 1940, as well as all other cases pending in said City Court of which the Superior Court has jurisdiction.
By Messrs. Marion Ennis and J. H. Ennis of Baldwin-
House Bill No. 698. A bill to be entitled an Act to provide for the sale of surplus products of institutions under the control and supervision of the State
Department of Public Welfare; and for other purposes. The following Senate amendment to House Bill No. 698, was read and agreed to:
The Senate moves to amend House Bill No. 698, by adding a new section tu be appropriately numbered to read as follows:
"It is not intended by this Act to encourage competition in any way by the State, its institutions, agencies, departments or branches, or other sub-divisions with the individual private farmers of this State or others, in the production and sale of Agricultural or Industrial commodities or products, in due course of commerce."
By Mr. Pannell of Murray-
House Resolution No. 62-259C. A resolution directing the State Librarian to furnish certain law books to Murray County; and for other purposes.
The following Senate amendment to House Resolution No. 62-259C was read and agreed to :
The Senate moves to amend House Resolution No. 62-259C by striking from the second paragraph thereof, the words, "and directed," so as to make said reso lution permissive instead of mandatory.
By Mr. Pannell of Murray-
House Resolution No. 63-259D. A resolution directing the State Librarian to furnish certain law books to the Ordinary of Murray County; and for other purposes.
The following Senate amendment to House Resolution No. 63-259D was read and agreed to :
The Senate moves to amend House Resolution No. 63-259D by striking from the second paragraph thereof, the words, "and directed," so as to make said resolution permissive instead of mandatory.
Under the special and continuing order of business established by the Committe.: on Rules, the following bill and resolution of the Senate were taken up for consideration and read the third time:
By Senator Spivey of the 16th District, and others-

SATURDAY, MARCH 18, 1939

1673

Senate Bill No. 206. A bill to be entitled an Act to authorize and provide the effect of docketing, indexing and recording certified copies of petitions under the Bankruptcy Act of the United States; and for other purposes.

The report 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 4.

The bill having received the requisite constitutional majority was passed.

By Senators Smith of the 24th, Daves of the 14th and Cail of the 17th Districts-

Senate Resolution No. 57. A resolution to establish a State Road Survey
Council; and for other purposes.

On the adoption of the resolution, Mr. Jones of Richmond moved the ayes and nays, and the call was sustained.

Mr. Jones of Richmond moved the resolution be tabled, and the motion prevailed.

The resolution was tabled.

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

Mr. Speaker:

The Senate has passed by the reqms1te constitutional majority the following bills and resolutions of the House, to-wit:

By Mr. Atkinson of Chatham, and others-

House Resolution No. 11-49A. A resolution opening and closing the shad fishing season; and for other purposes.

By Mr. Gowen of Glynn, and others-

House Bill No. 352. A bill prohibiting the buying and possession of spawnin~ crabs in certain months; and for other purposes.

By Mr. Atkinson of Chatham, and others-

House Bill No. 122. A bill providing for taking depositions m Insular possessions of the United States; and for other purposes.

By Mr. Atkinson of Chatham, and others-

House Bill No. 67. A bill providing for the Intercoastal Waterway Commission ; and for other purposes.

The following resolutions of the House were read and adopted:

By Mr. Etheridge of Fulton-

1674

JOURNAL OF THE HOUSE,

House Resolution No. 211. A resolution. Whereas, Mrs. Mildred McEachern, Miss Floyce Fowler and Mrs. Aleene Harris, young women in charge of telephone booths, have handled this service most efficiently and intelligently at this session ot the Legislature, and therefore he it resolved by the House of Representatives that a vote of thanks be extended to them for their kind and efficient service.
By Messrs. Scott of Thomas and Williams of Bacon-
House Resolution No. 212. A resolution urging Congress of the United States to work for the enactment of a law providing for a National Old Age Pension System to be financed by Federal Taxation; and for other purposes.
By Mr. Gross of Stephens-
House Resolution No. 213. A resolution. Be it resolved by the House that the Clerk of the House be and he is hereby instructed to inform the Senate that the House has completed its business and stands ready to adjourn sine die.
Mr. Lovett of Laurens arose to a point 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 by the requisite constitutional majority the following resolution of the Senate, to-wit:
By Senator Durden of the lOth District-
Senate Resolution No. 77. A resolution instructing the Secretary of the Senate to notify the House of Representatives that the Senate has completed its transaction of business and now stands ready to adjourn sine die.
The following message was received from the Senate through Mr. Hammon.!, 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. Culpepper of Fayette-
House Bill No. 137. A bill amending the Constitution with reference to the publication of Constitutional Amendments; and for other purposes.
The following resolution of the House was read and adopted:
By Mr. Gross of Stephens-
House Resolution No. 214. A resolution. Be it resolved by the House, the Senate concurring, that a Committee of five, three to he named by the Speaker

SATURDAY, MARCH 18, 1939

1675

and two by the President of the Senate, be appointed to notify the Governor that the General Assembly of Georgia stands ready to adjourn sine die.
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, to-wit:
Messrs. Lewis of Burke,
Fowler of Treutlen, and
Harrison of Jenkins.
Mr. Sams of DeKalb arose to a point of personal privilege and addressed the House.
Mr. Whipple of Bleckley arose to a point of personal privilege and addressed the House.
The following bill of the House was taken up for the purpose of considering the Senate amendment thereto:
By Mr. Culpepper of Fayette-
House Bill No. 137. A bill to be entitled an Act to carry into effect Article 13, Section 1, Paragraph 1, of the Constitution of Georgia, by providing for the publication of any proposed amendment to the Constitution, for submission of the same to the people; and for other purposes.
The following Senate amendments to House Bill No. 137, were read:
The Senate moves to amend House Bill No. 137 as follows:
By adding at the end of Section 1 of said bill the following words:
"Provided, that the Governor shall also cause to be published in the newspaper in each county in which the Sheriff's advertisements are published a brief and concise summary of every such amendment, twice during the two weeks immediately prior to the time of holding the next general election. Said summary in no case to exceed one hundred words for each separate amendment."
The Senate moves to amend the Committee amendment to House Bill No. 137, as follows:
By striking the word "one" in the last line of said amendment and inserting in lieu thereof the word "two."
Mr. Carmichael of Cobb moved the previous question.
On the question of agreeing to the Senate amendments to House Bill No. 137,
the ayes were 103, the nays 5.
The Senate amendments were agreed to. The following resolutions of the House were read and adopted:

1676

JOURNAL OF THE HOUSE,

By Mr. Gross of Stephens-
House Resolution No. 215. A resolution. Be it resolved by the House, the Senate concurring, that the General Assembly of Georgia do now adjourn sine die.
By Mr. Key of Jasper-
House Resolution No. 216. A resolution providing for a Committee of three to inquire and determine whether any member of the Civilian Conservation Corps has been unlawfully mistreated while located in Jasper County; and for other purposes.
By Mr. Key of Jasper-
House Resolution No. 217. A resolution extending to His Majesty, King George VI of England and his Gracious Queen, an invitation to visit 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 resolution of the House, to-wit:
By Mr. Gross of Stephens-
House Resolution No. 214. A resolution providing for a committee of five, three to be named by the Speaker and two by the President of the Senate, to be appointed to notify the Governor that the General Assembly of Georgia stands ready to adjourn sine die.
The President has appointed as a Committee from the Senate the following:
Senators Smith of the 24th, and
Durden of the lOth Districts.
The following report of the Committee of Conference on House Bill No. 446, the salary reduction bill, was submitted and read:
Mr. President: Mr. Speaker:
Your committees of the Senate and House appointed to confer on the differences existing between the House and Senate on House Bill No. 446 have met and unanimously agreed and recommended as follows:
That the Senate recede from its position in adopting the Senate substitute and the House recede from its position in failing to adopt Senate substitute.
We further recommend that the Senate and the House both accept the Senate substitute as amended as follows:

SATURDAY, MARCH 18, 1939

1677

We recommend that Section 2 of the Senate substitute be stricken in its entirety and the following section to be known as Section 2 be substituted in lieu thereof:
"Section 2. Be it further enacted that on the first day of April, 1939, and on the first day of each succeeding month thereafter the State Treasurer shall pay to the State Superintendent of Schools two-thirds of the total of such funds as are made available through the operation of this Act and it shall then be the duty of the State Superintendent of Schools to distribute such funds to the local school systems of the State of Georgia for the purpose of paying salaries of common school teachers as provided by law.
"The State Treasurer shall in the same manner pay the remaining one-third to the State Public Welfare Board for the purpose of paying the existing operating deficit of the State Hospital at Milledgeville and after the payment of the present operating deficit the whole amount of said fund is hereby expressly allocated and appropriated to the common school fund for the sole purpose of paying the salaries of the common school teachers of Georgia as provided for herein."
We further recommend that the House recede from its position in failing to adopt Committee amendment to the Senate Substitute which provides that the Act shall become inoperative on the first day of the next convening of the General Assembly.
Your Committee further recommends that the House and Senate adopt a new section to be appropriately numbered and to read as follows:
"Be it further enacted that the total of all reductions in budgets, taking all of the Departments, Bureaus, Agencies, Boards and Commissions as a whole, shall bo equal to at least 12% of the total salary schedule of all of the Departments, Bureaus, Agencits, Boards and Commissions as of January 1, 1939."
Respectfully submitted,
Senate:
Wallace E. Howell, 7th District,
Homer L. Causey, 46th District.
]. T. Holt, 3rd District.

House: Hill of Screven, Grayson of Chatham, Dean of Rockdale. Mr. Carmichael of Cobb moved that the House agree to the report of the Committee of Conference.

1678

JOURNAL OF THE HOUSE,

On the motion to agree, the ayes were 95, the nays 19.
The report of the Committee of Conference was disagreed to.
Mr. Clary of Columbia moved that the House reconsider its action in disagreeing to the report of the Committee of Conference on House Bill No. 446, and the motion prevailed.
On the motion to agree, the ayes were 92, the nays 14.
The report of the Committee of Conference on House Bill No. 446, was disagreed to.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requ1s1te constitutional majority the following bill and resolutions of the House, to-wit:
By Messrs. Sabados and Allen of Dougherty-
House Bill No. 809. A bill to be entitled an Act to amend Code Section 355 (aa) Parks 1914 Annotated Code, so as to authorize persons holding office under municipal corporations in Georgia of a certain population to sell goods, wares and merchandise; and for other purposes.
By Mr. Key of JasperHouse Resolution No. 216. A resolution creating a Committee of three to
investigate and determine whether any member of the Civilian Conservation Corps Camp located in Jasper County, Georgia, during the last four years was unlawfully arrested or imprisoned or subjected to unjust, unfair treatment by any official or citizen of Jasper County.
By Mr. Key of JasperHouse Resolution No. 217. A resolution authorizing the appointment of a
special Committee to present to His Majesty, King George VI, at an appropriate time, the official invitation of the State of Georgia to visit the State named for his forebear.
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. Gross of StephensHouse Resolution No. 215. A resolution providing that the General Assembly
do now adjourn sine die.

SATURDAY, MARCH 18, 1939

1679

The Committee appointed to notify His Excellency, the Governor, that the General Assembly had transacted its business and was ready to adjourn sine die, reported that it had dispatched its business.
The Speaker announced the House adjourned sine die.

Index
to
JOURNALS
of the
HOUSE OF REPRESENTATIVES
SPECIAL TEN-DAYS SESSION and
REGULAR SESSION
PART I. HOUSE ORGANIZATION AND PROCEDURE PART II. HousE BILLs PART III. HousE REsOLUTIONs PART IV. SENATE BILLS AND RESOLUTIONS ACTED ON IN
THE HousE PART V. SENATE BILLS IN HousE PART VI. SENATE REsOLUTIONs IN HousE
1939

1682

INDEX

PART I

HOUSE ORGANIZATION AND PROCEDURE

List of Members elect....------------------------------------------------------------------

6

Oaths of Office.........---------------------------------------------------------------------- 10, 59,212, 594

Election of Speaker.....------------------------------------------------

10

Election of Clerlc.......---------------------------------- -------------

13

Notice to Senate, convening (H. R. No. 1)..----------

15

Notice to the Governor, convening (H. R. No. 2>--------------------

15

Adopt Rules of House (H. R. No.3)----------------------------------

16

Compensation, appointment of Attaches (H. R. No. 4)............

16

Election of Speaker Pro Tern........................--------------------------------

18

Election of Messenger....----------

20

Election of Door-Keeper....----------------------------------

24

Chaplain, Postmistress, Assistant Postmistress..........................

26

Joint Sess-ion (H. R. No. 10)-inaugurate Governor____________________

42

Inaugural ceremonies....------------------------------------------------- Adjournment (H. R. No. 15)............................................................

45 65, 66

Notice to Governor, adjourn 10-day session (H. R. No, 28)_______

121

Adjournment, sine die 10-day session (H. R. No._ 31)................

122

Notice to Senate, reconven'ed (H. R. No. 32>-----------------------------

126

Notice to Governor, reconvened (H. R. No. 33) ...........---

126

Joint Session, message from Governor (H. R. No. 53)________________

181

Joint Committee of escm:t (H. R. No. 54).-------

181

Amend Compensatio-n, appointment of attaches (H. R. No. 67)

263

Joint Session, m'essage from Governor (H. R. No. 73)______________

278

Joint Session, Hon. Oscar Johnson (H. R. No. 101)....................

436

Joint Session, Message from Governor (H. R. No. 103)............

460

Joint Session, Hon. Nathan Straus (H. R. No. 116)____________________

544

Joint Session, Hon. Merrill Ruckeyser (H. R. No. 117)............ Notice to Senate, sine die adjournment (H. R. No. 213)____________

544, 546 1674

Notice to Governor, sine die adjournment (H. R. No. 214)_______

1674

Adjournment, sine die Regular Session (H. R. No. 215)............

1676

ADDRESSES-

Governor Rivers, inaugural....------------------------------

46

Mrs. Robin Wood, Warm Springs Benefit......-----

74

Hon. Pierce Wood, Speaker, Florida: House of Representatives

110

Governor Rivers ___________________ ------------

192

Rev. J. Frank Norris.....---------------

266

Governor Rivers..-------------------------------

283

Governor Rivers........-------------------------------

463

COMMITTEES, ESCORT-

To escort Speaker_------------

13

To 'eSCort Clerk............................----------------------------------------

15

INDEX

1683

To escort Speaker Pro Tern ___________________________________________________________

20

To escort Messenger___________________________________________________________________________

24

To escort Door-Keeper_______________________________________________________________________

26

To escort Governor------------------------------------------- __ -------------------------------

42

To escort Governor______________________________________________________________________________

182

To escort Phil Spitalny, All Girl Band________________________________,________

263

To escort Governor------------------------------------------------------------"------------

278

To escort Governor_-----------------------------------------,------------------------------

460

COMMITTEES, SPECIA~ To notify Governor_____________________________________________________________________________
Arrange Inauguration-------------------------------------------------------------------------Confer on Old Age Pension Law_____________________________________________________
To notify Governor, sine die 10-Day Session_________________________,______ Confer on Game and Fish Laws__________________ -----------------------------------
To notify Governor, reconvened ---------------------------------------------------Investigating Committee, State Affairs (H. R. No. 9) ________________ Investigating Committee, School Book PUrchases _______________________ Confer with Officials of Taxi Cab Companies_____________________,______ Ascertain Deficiencies, Appropriations__________________________________________ Confer with State Officials, School Conditions__________________________ Committee of Seconds, Hon. M. R. Looper Of Dawson________________ To study House Bill No. 446, Salary Reduction___________________________
To study House Bill No. 681, Investigate State Deptartments To study Senate Bill No. 6, County Bonded Debts________________________ To study Senate Bill No. 86, Change Certain Names__________________ To notify Governor, adjourn, sine die, Regular Session____________

16 27, 44
112 121,122
122 126 136 137 137 253 366 403 1254,1433 1615,1523 1683 1632 1675,1679

COMMITTEES, STANDING-

Appointment of________________________________________________________________________________

74

COMMUNICATIONS-

.Secretary of State, list of members________________________________________________

5

Governor Rivers, inaugural ceremonies________________________________________

42

Governor Rivers, reconvene in Regular Session__,_______________________

120

Roegents, University System of Georgia__________________________________________

134

Investigation Committee, H. R. No. 9____________________177, 188, 220, 247, 261, 268,

270,376,381, 385, 443, 444,

484,486,646, 760, 767, 834,

840,1011,1044,1104

Secretary of State, member elect______________________________________________

212

Department of Law, Hospital Authority Legislation_________________

240

Roy V. Harris, Speaker, committee appointments____________________

265

Investigating Comll)ittee, School Book Purchases_____________________

310, 790

Governor Rivers, ~tabilization Fund_________________________________________

408

American Legion, Commander .J. B. Conyers______________________________

412

Committee appointed under H. R. No. 59_________________________________

581

1684

INDEX

State Prison and Parole Commission______________________________________________

602

Governor Rivers __________________________________________________________________________________ 605, 979, 1042

1337,1420,1421

Department of Natural Resources___________________________________________________

614

Governor Rivers, Supt. Collins, Schools________________________________________

833

State Properties Commission__________________________________________________________

1595

CONFERENCE COMMITTEES, APPOINTED-

On S. B. No. !.-Hospital Authority bilL_________________________________ 209, 262, 311

On H. B. NQ. 90.-Local Barrow County bilL___________________________

1221

On H. B. No. 49.-Unemployment Compensation bill---------------

1425,1436

On H. B. No. 637.--Confederate Soldiers Pensions bilL_____________

1500

On S. B. No.172.-W. & A. R. R. Income Producing Buildings bilL________________________________________________
On H. B. No. 446.--Salary Reduction bill_______________________________________

1633 1665,1670

CONFERENCE COMMITTEE REPORTS-

On S. B. No. !.-Hospital Authority bilL___________________________________ 241, 279, 322

On H. B. No. 637.-Confederate Soldiers Pensions bilL_____________

1571

On H. B. No. 49.-Unemployment Compensation bilL_______________

1574

On S. B. No.172.-W. & A. R. R. Income Producing Buildings bill.______________________________________________

1659

On H. B. No. 446.-Salary Reductions bill-----------------------------------

1669,1676

JOINT SESSIONS-

To consolidate vote______________________________________________________________________________

34

To inaugurate Governor_____________________________________________________________________

44

To bear Governor Rivers____________________________________________________________________

192

To hear Rev. J. Frank Norris____________________________________________________________

266

To hear Governor Rivers ____________________________________________________________________

283

To bear Governor Rivers ___________________________________________________________________

462

TQ hear Hon. Oscar Johnson and Hon. Nathan Straus ________________

638

TQ hear Hon. Merrill Ruckeyser______________________________________________________

894

To hear the Milledgeville A Capella Choir____________________________________

895

MESSAGES FROM SENATE-
Received by the House__________ 15, 17, 43, 65, 110, 120, 122, 123, 125, 132, 150, 156, 171, 183, 190, 191, 232, 233, 257, 258, 280, 281, 314, 315, 319, 337, 338, 352, 362, 363, 392, 425, 426, 427, 450, 451, 452, 485, 507, 534, 535, 536, 555, 561, 582, 587, 619, 698, 700, 710, 711, 788, 830, 874, 875, 892, 895, 918, 921, 941, 942, 946, 977, 978, 1008,1009,1010,1017,1019,1020,1090,1138,1139,
1140,1189,1191,1220,1248,1249,1276,1282,1283, 1334,1335,1336,1383,1422,1423,1424,1425,1438, 1467, 1468, 1469, 1503, 1531, 1539, 1572, 1584, 1585,

INDEX

1685

1608,1609,1622,1624,1625,1626,1627,1629,1632, 1637,1638,1640,1641,1648,1655,1660,1661,1662,
1666,1667,1669,1670,1673,1674,1676,1678

PART II
HOUSE BILLS
Figures on left hand side of page indicate numbers of bills and resolutions. Figures on right hand side of page indicate number of page.

A

ACCOUNTANTS AND ACCOUNTING484-Members, State Board of Accountancy________________________________

619, 933

ADMINISTRATORS, EXECUTORS, GUARDIANS, Etc.-

5-Invest trus-t funds, certain securities___________________________________ 30, 217, 264

135-Equity cases, limit time________________________________________________127, 280, 342, 442

176---Bond and oath, prescribe__________________________________________________________

153

177-Additional property, bonds______________________________________________________

154

203-Sale of personal property______________________________________________________

167

443-Amend Code, compensation___________________________________________________

558, 657

ADVERTISING532-False, penalty for--------------------------------------------------------------------

707, 933

ADVISORY COUNCIL, GEORGIA812-To create____________________________________________________________________________________1270, 1316, 1524

AGRICULTURE AND AGRICULTURAL PRODUCTS-

GO-Tobacco Marketing Commission, create________________________________

63, 74

68--Purchase of pecans, regulate_________________________________________________ 64, 591, 663

181-Milk Control Board, membership____________________________________154, 185, 613, 628

332-Eggs, marketing regulations__________________________________________________

359, 457

405-Department of Agriculture, abolish_____________________________________

490

411-Milk and cream testers, license_____________________________________________

491, 492

541-Free advantages, farm children____________________________________________

736

584-Commercial feed-stuffs, regulate_________________________________________

775, 888

598--Cotton bags, purchase of______________________________________________________

817, 915

613-Permit suit against Commissioner________________________________________

878, 997

659-Ex:empt tax, vendors, peddlers_________________________________________

907, 1315

759-Appropriations to State Veterinarian, bangs disease________1071, 1274, 1528

AMBULANCES778--To license__________________________________________________________________________________

1124,1223

1686

INDEX

APPRENTICESHIP-

589-Voluntary, to provide for_________ -------------------------------------------

816

APPROPRIATIONS-

46-$195.50, reimburse W. J. McCollum.......-------------------------------

40, 905

51-Reimburse W. Herbert Brannen____________________________________ 41, 530, 579, 603

101-$8,600.00, City of Milledgeville______________________________________________ 72, 531, 579

178-$10,000.00, Mrs. W. E. McDanieL_______________________________________

154, 885

244-Hall County, law books..------------------------------------------229, 885, 1516, 1654 346-General Appropriations bill, amend__________________________________ 361, 394, 433

44{}.----General Appropriations bill, 1939..................558, 741,789, 790, 830, 876,

892,905, 918, 925, 942

441-$5,000.00, State Military Department__________________________________

558,1212

552-$1,000.00, Department of Entomology________________________________

737

574-General Appropriations bill, amend......-----------------------------595-$75,000.00, Department of Natural Resources___________________ 629-General Appropriations bill, fiscal year_____________________________

773 817,1213
896

70{}.----$50,000.00, per annum, Department of Natural Resources

949, 1273

707-$25,000.00, Department of Natural Resources____________________

992,1213

759-Certain sums to State Veterinarian____________________________________ l071, 1274, 1528

76{}.----$483,991.08, Department of Public Welfare_______________________l071, 1274,1621

761-Legislative Department----------------------------------------------------------1071, 1274, 1618

792-General Appropriations bill, amend......-------------------------------

1176

814-$20,000.00, National Guard Camp, Toccoa............................ 1271,1316

ATHLETIC COMMISSION, STATE17-To repeal____________________________________________________________________________________

32, 913

AUDITING-

57-Qualifications of State Auditor____________________________________________

62

AVIATION-

268-Aeronautics Commission, create_________________________________________

257

273-Tax for development of______________________________________________________

273

B

BAILIFFS-

74-Special criminal, repeal act to amend..----------------------------- 64, 236, 326

409-Special criminal, certain counties..........-------------------------------

491, 687

BANKS AND BANKING414-Private bankers, exchange___________________________________________________ 492, 778, 1503

BARBERS AND BEAUTICIANS15{}.----To regulate and controL_________________________________________________
261-State Board of Barbers, additional duties_______________________

129 266, 531

INDEX

1687

385--Control of ------------------------------------------------------------------------. 765-Learning occupations of_________________________________________________________

448 1072,1242

BASIC SCIENCE EXAMINERS, STATE BOARD OF192-To create_________________________________________________________________________________

165, 570

BOILER RULES, GEORGIA BOARD OF253-To create____________________________________________________________________________________

230, 317

BONDS-

128--Blackshear, refunding_______________________________________________________117, 367, 438, 731

176-Guardians, prescribe_________________________________________________________________

153

177-Guardians, additional property_____________________________________________

154

179-Political subdivisions, refunding__________________________________________ 154, 367, 609

215-0f any State authority, ratify______________________________________________ 169, 238, 677 274-Carollton, refunding________________________________________________________________ 273, 368,1345

279-Glascock County, sheriff, reduce __________________________________________ 311, 368, 394

281-Camden County, court clerk, reduce______________________________________ 312, 455, 501

309-Nashville, refunding________________________________________________________________ 335, 622,1412

404-Grady County locaL_______________________________________________________________

490, 623

420---0cilla, refunding______________________________________________________________________ .

524, 623

474-Bowdon, refunding____________________________________________________________________ 617, 823,1394

635-Bacon County, refunding________________________________________________________ 897, 934,1258

c

CANDIES806,-Prohibit consignment of, require license_____________________________

1234,1306

CERTIFICATES LAW, REVENUE194-To amend--------------------------------------------------------------------------165, 219, 669, 1200

CHAIN STORES-

25-Limit license tax..________________________________________________________________

33, 1462

242-To license_________________________________________________________________________________ 215, 497, 748

CITIES, CITY CHARTERS-

3-Warrenton, charter amended________________________________________________ 30, 144, 157 56,-Rockmart, charter amended___________________________________________________ 62, 144, 157 61-Rockmart, charter amended___________________________________________________ 63, 144, 157 69-Rockmart, charter amended____________________________________________________ 64, 144, 157 70---Rockmart, charter amended___________________________________________________ 64, 144, 158 72-Dublin, charter amended________________________________________________________ 64, 145, 158 77-Tifton, charter amended________________________________________________________ 69, 145, 158 87-Quitman, city taxes_______________________________________________________________ 70, 145, 158 91-Macon, mayor and counciL_________________________________________________ 71, 145, 158

120---Construct revenue producing projects__________________________________

116, 997

1688

INDEX

141-Eastman, charter amended____________________________________________127, 145, 159, 1137

145-Macon, charter amended________________________________________________________ 128, 145, 159

168-Certain cities, ordinances______________________________________________________

149

186-Athens, charter amended_________________________________________________________ 155, 342, 370

211---Jonesboro, zoning----------------------------------------------------------------- 168, 185, 220 212-Douglas, charter amended______________________________________________________ 168, 185, 220

239-Coolidge, charter amended --------------------------------------------------- 214, 238, 261 257-Morgan, new charter_______________________________________________________________ 231, 277, 317 260-Wrightsville, charter amended_______________________________________________ 231, 260, 276 263-Cordele, new charter_________________________________________________________________ 256, 277, 317 265-Athens, charter amended___________________________________________________-_____ 256, 342, 370 290-Manchester, charter amended__________________________________________________ 313, 368, 395 307-Atlanta, criminal court___________________________________________________________ 335, 369, 395

330-Lakeland, charter amended---------------------------------------------------- 358, 422, 458

345--Savannah, charter amended____________________________________________361, 423, 504, 904

351-Glennville, charter amended_________________________________________________ . 389, 498, 533

355-West Point, charter amended__________________________________________________ 390, 457, 505

358--Atlanta, charter amended_________________________________________________390, 913, 951,1633

361-Douglas, charter amended ____________________________________________________ 391, 458, 505

377-Cleveland, charter amended__________________________________________________

418, 566

415--Decatur, charter amended________________________________________________________ 492, 532, 563

416-Decatur, charter amended____________________________________________________ 492, 532, 564

422-Albany, special school tax____________________________________________________ 524, 656, 689

444-Thomas, charter amended_____________________________________________________ 558, 592, 625

447-Canton, charter amended__________________________________________559, 592, 626, 646,1193

451-Conyers, city clerk, duties_______________________________________________________ 560, 592, 626

454-Thomas, charter amended_____________________________________________________ 560, 593, 626

462-Wrightsville, zoning and planning______________________________________ 585, 657, 690

476-Wrightsville, charter amended_______________________________________________ 618, 741, 779

477-Rossville, charter amended__________________________________________________ 618, 741, 780

485-Edgehill, charter amended_______________________________________________________ 649, 657, 691

492-Statesboro, zoning____________________________________________________________________ 650, 742, 780

500-Dublin, charter amend:ed_______________________________________________________ 651, 742, 781

521-Tifton, charter amended_________________________________________________________ 705, 824, 889

523-Fitzgerald, charter amended____________________________________________________ 705, 824, 889

534-Sylvester, salary of mayor__________________________________________________ 707, 824, 890

535--Manner of incorporating, repeaL_________________________________________

707, 824

538--Dublin, charter amended_________________________________________________________ 735, 887, 901

539-Dublin, charter amended________________________________________________________ 735, 887, 901 545-Jackson, charter amended______________________________________________________ 736, 887, 902

557-Macon, charter amended__________________________________________________________ 771, 914, 937

569-Canton, charter amended__________________________________________________________

772

578-Belton, charter amended._________________________________________________________ 774, 914, 937

580-Barnesville, charter amended_________________________________________________ 774, 915, 938

610-Certain cities, merit system, amend_____________________________________

877

616-Sylv.ester, charter amended_____________________________________________________ 878, 915, 939

INDEX

1689

' 617-Rossville, charter amended---------------------------------------------878, 916, 939, 1352 618--Forest Park, charter amended______________________________________________ 879, 916, 939

619-Forest Park, zoning________________________________________________________________ 879, 916, 939

624--Milledgeville, land grants to G. M. C,_________________________________ 879, 973,1378

626-Milledgeville, land grants to G. M. C.___________________________________ 880, 973, 999

630-Municipal street improvements, amend_______________________________

896

636-Union Point, charter amended ___________________________________________ 897, 974, 999

644--Dalton charter amended_________________________________________________________ 898, 974, 1000

645-Tunnell Hill, charter amended______________________________________________ 899, 974, 1000

646-Dalton, zoning__________________________________________________________________________ 899, 974, 1000

650-Elberton, charter amended_____________________________________________________ 899, 974, 1000

653-East Point, charter amended______________________________________906, 1306, 1317, 1636

654-Atlanta, charter amended..---------------------------------------------------- 906, 1079, 1275 655-East Point, charter amended__________________________________________________ 907, 975, 1000 665-Leslie, charter amended___________________________________________________________ 908, 975, 1001 669-Hapeville, charter amended___________________________________________________ 909, 1213, 1243 670-Leesburg, charter amended_____________________________________________________ 909, 975, 1001 672-Thomasville, charter amended ________________________________________909, 975, 1002, 1544

674 A-Eatonton, charter amended------------------------------------------------ 910, 975,1002 679-Epworth, charter repealed_______________________________________________________ 928, 976, 1002

68Q--..Oertain cities, school benefits, amend_________________________________

928, 1079

688--Bowdon, charter amended_______________________________________________________ 929, 976, 1003

695-Lawrenceville, charter amended__________________________________________ 948, 998, 1027 701-Decatur, charter amended_____________________________________________________ 949, 998, 1028

702-Decatur, charter amended_________________________________________________________ 949, 998,1028

703-Augusta, charter amended______________________________________________________ 949, 998, 1028

716-Lilburn, charter repealed________________________________________________________ 993, 1079, 1133 717-Dallis, new charter___________________________________________________________________1021, 1079, 1133

718--Albany, to provide pensions___________________________________________________1021, 1080, 1133

719-Glennville, charter amended.--------------------------------------------------1021, 1080, 1134 721-Greensboro, new charter________________________________________________1021, 1080, 1134, 1404

733-Snellville, charter amended---------------------------------------------------1023, 1080, 1134

736-Swainsboro, charter amended__________________________________________________

1023

737-Sugar Hill, create charter______________________________________________________1024, 1081, 1135

738--Tybee, charter amended__________________________________________________________1024, 1131, 1182

743-Augusta, charter amended________________________________________________________1025, 1081, 1135

744--Tyrone, charter amended__________________________________________________________1025, 1081, 1135

748--Pine Lake, charter amended.--------------------------------------------------1025, 1081,1136 750-Woodstock, new charter__________________________________________________1070, 1181, 1244, 1636

757-Savannah, charter amended--------------------------------------1071, 1132,1188,1573 758-0akman, new charter_____________________________________________________________1071, 1181, 1244

764--Rome, charter amended.....----------------------------------------------------1072, 1244, 1634

768--Twin Lakes, new charter..-----------------------------------------------------1123, 1383, 1389

769-Dalton, charter amended_________________________________________________________

1123

774--Certain cities, municipal hospitals_______________________________________1123, 1214, 1355

780<-Abbeville, charter amended_____________________________________________________1124, 1214, 1245

1690

INDEX

782-Decatur, charter amended ________________________________________________________1125, 1214, 1246

785-Doerun, charter amended--------------------------------------------------1125, 1214, 1246 788----Jackson, charter amended______________________________________________________1174, 1306, 1391

789-Jackson, charter amended -------------------------------------------------1175, 1306, 1331

791-Dublin, charter amended________________________________________________________

1175

795-Jacksonville, new charter__________________________________________________________

1175, 1242

796-Dahlonega, charter amended____________________________________________________ l175, 1268, 1275

802-Milledgeville, charter amended---------------------------------------------1234, 1306, 1331 803-Broxton, charter amended_______________________________________________________1234, 1383, 1390
807-Rome, charter amended____________________________________________________________1234, 1307, 1332

808-Augusta, charter amended--------------------------------------------------------1235, 1315, 1391 809-Certain cities, municipal officers sell goods_______________________1235, 1307, 1525

811-Atlanta, charter amended.----------------------------"-----------------1235, 1307, 1332, 1652

813-Atlanta, commission to study local government_________________

1270

815-Thunderbolt, charter amended--------,---------------------------------------

1271

816----Avondale Estates, charter amended____________________________1271, 1316, 1391, 1472

820-Millen, new charter__________________________________________________________________1311, 1388, 1472

822-Baxley, charter amended ________________________________________________1312, 1388, 1471, 1651

CIVIL SERVICE-

28-To provide merit system for State._________33, 218, 266, 267, 320, 346, 427 186-Athens, create _____________________________________________________________________________ 155, 342, 370

214---To provide merit system for State_______________________________________

168

CODE AMENDMENTS-

2-Section 34-1302, elections_______________________________________________________ 30, 144, 190 4-Section 23-1704, convict labor________________________________________ 30, 144, 190, 485 5-Chapter 32-14, trust funds________________________________________________________ 30, 217, 264 10---Section 6-1608, new trials_______________________________________31, 131, 147, 563, 603

14-Section 52-9903, intent to defraud____________________________________31, 367, 396, 424

33-Section 92-4407, recitals in deeds__________________________________________ 38, 218, 323

36-Section 61-103, duration and termination of tenacy_________

39

45-Section 53-208, marriage laws__________________________________________40, 530, 578, 598

53-Title 93, Chapter 93-2, Public Service Commission _____61, 422, 512, 538,

570, 597, 784

75-Section 46-101, define "Judgment"--------------------------------------- 68, 277, 325

79-Section 57-101, legal rate of interest__________________________________

69

89-Section 32-1014, reports of county school supts.________________ 70, 218, 329

94---Section 32-1004, county school supts._________________________________

71

110---Section 80-104, pilots, Port of Brunswick____________________________ 115, 218, 405

121-Section 113-1002, tax liens_____________________________________________________ 116, 173, 407

123-Section 92-3701, tax levy_________________________________________________________

117

126-Section 92-3216, access to income tax returns____________________

117

131-Section 105-1306, recovery for wrongful death____________118, 655, 728,1199

132-Section 43-1701, elections to fill vacancies__________________________

118,1426

133-Section 10-501, fix fees, reporters_______________________________ 126, 280, 342, 482

136----Section 42-102, chief drug inspector_____________________________________ 127, 218, 442

INDEX

1691

158-Section 89-832, limitation on bonds________________________________________ 130, 219, 540 159-Section 78-216, Confederate pensions___________________________130, 157, 540, 893 172-Section 6-912, bill of exceptions___________________________________153, 367, 546, 575

190-Section 84-903, State Board of Medical Examiners____________ 165, 531, 667

203-Section 113-1701, administrators, executors________________________

167

207-Title 60, land registration ___________________________________________167, 219, 675, 719

209-Section 32-1012, county school supts.____________________________168, 342, 675, 719 219-Section 32-9906, compulsory school law_____________________________ 182, 422, 1250

227-Section 114-501, compensation Iaw-----------------------------------------

213

237-Section 24-2702, insert "in his own court"--------------------------

214

246--Sections 25-116, 301, 313, 316, 317, rate of interest____________

229

262-Section 45-308, deer, hunting season___________________________________

256

275--Sections 92-5001, 92-5002, poll taxes_____________________________________ 278--Section 24-2704, special elections_________________________________________ 287-Section 105-1305, add section_________________________________________________ 288-Section 105-1307, new section______________________________________________ 289-Section 105-1302, new section_______________________________________________

274, 532 311, 591
313 313, 973
313

294-Section 84-1404, Georgia Real Estate Commission____________ 298-Section 92-1402, increase gas tax_________________________________________ 302-Section 105-1306, recovery, homicide____________________________________ 304-Section 34-9907, buying votes__________________________________________________

314, 532 334
334, 368 335, 594

329-Section 26-2502, punishment for robbery____________________________

358, 886

340-.Section 29-4901, duties tax collector______________________________________

360

341-Section 92-4611, duties tax receiver_____________________________________

360

354-Sections 45-308, 45-310, hunting_____________________________________________ 390, 532, 1543

356-Section 32-904, amend___________________________________________________________

390, 973

357-Section 59-105, amend_____________ -------------------------------------------------363---.Section 84-8, embalming_________________________________________________________

390, 973 391, 656

364-Section 68-502, transportation, certain products-________________ 391, 499, 966

373-Section 23-2302, support of paupers_____________________________________

417

376--Section 32-2103, compulsory education_______________________________

417, 687

380-Section 56-233, insurance companies, fees and tax___________

418, 1180

385-Chapter 84-4, regulate barbers, beauticians, repeaL_______

448

395-Section 32-919, transportation of school pupils__________________

449, 623.

397-Section 67-803, foreclosure________________________________________________449, 656, 1265, 1295

399-Section 114-102, occupational diseases_________________________________

450

400-Section 84-2011, disabled veterans exemptions____________________ 403-Chapters 84-11, 88-12, registration of births________________________

490 490, 1239

411-Section 42-505, licensing, cream testers______________________________

491, 592

436--Section 32-1034, county school supts., qualifications________ 526, 623, 696,

1525,1660

442-Section 46-208, exemption from garnishment______________________

558

443-Section 113-2004, executors, administrators, etc.________________

558, 657

449-Section 12-609, pawnbrokers__________________________________________________ 559, 823,1302

450-Chapter 40-18, duties, State Auditor______________________________________

559,1223

453-Section 2-3301, alternate judges-----~----------------------------------- 560, 778, 825

1692

INDEX

466-Section 92-5510, bonds________________________________________________________

586

484-Chapter 84-2, State Board of Accountancy_________________________

619, 933

50S--Section 95-1715, condemnation, private property_____________ 516-Chapter 92-31, income tax act_________________________________________

681, 886 683

524-0hapters 88-2, 88-3, county boards of health______________________ 525--Section 92-5712, property liens________________________________________________ 526---.Title 52, dispossessory liens___________________________________________
527-Section 40-205, suspension of taxes__________________________________ 533-Chapter 63-1, lost instruments______________________________________________

706 706, 887 706,1130 706, 887
707

546-Section 77-349, penal board, traveling expenses________________

736,1027

554-Section 32-1601, numeration of school children_________________ 770 1

933,1521

555-Section 32-608, division of local school units______________________

770, 973

566-Section 67-2202, keeper of bulL___________________________________________

772,1240

579-Section 45-601, shad fishing__________________________________________________

774,1078

582-Section 77-303, Prison Commission_______________________________________

774

592-Section 56-102, salary, deputy insurance commissioner____ 816, 905, 934

601-Section 92-8201, tax sales______________________________________________________

818

602-Chapter 92-81, publication of tax sale_________________________________

818

603-Section 92-5712, payment of personalty tax.______________________ 604-0hapter 92-81, sale under tax execution_____________________________ 609-Section 34-1904, ballots, elections______________________________________

818,1240 818,1240 877, 951

615-Chapter 40-18, election, State Auditor_________________________________

878, 915

630-Section 69-414, manner of assessment,

street improvement_________________________________________________________

896

633-Section 45-210, license fees, commercial fishing boats_____ 641-Section 32-917, local school tax____________________________________________
642-Section 32-1108, local school tax_______________________________________
643-Chapter 99-10, non-profit hospitals_______________________________________

897 898, 934 898, 934
898

647--Section 30-107, divorces, manner of filing suit__________________ 899, 934,1258

648--Section 5-706, State Entomologist_____________________________________

899,1131

652-Section 92-3715, taxes, certain county_______________________________

906, 935

663-Section 92-1403, motor fuel tax act, amend_______________________ 671-Section 113-301, witnesses to wilL______________________________________
678--Section 68-302, reflectors on vehicles__________________________________

908 909 928,1223

682-Section 84-1313, State Board of Pharmacy_______________________

928,1241

691-Section 68-623, Motor Common Carriers,

annual registration_______________________________________________________

947

705-Section 26-4604, compounding of offenses___________________________

991

706---.Section 27-423, binding over of defendants________________________ 722-Section 45-801, leasing oyster beds_____________________________________ 723-Section 45-512, methods of fishing_____________________________________ 724-Section 45-322, regulate hunting______________________________________ 725-Section 45-602, regulate shad fishing__________________________

991 1021 1021 1022 1022

726--Section 45-601, open season shad fishing_____________________

1022

752-Chapter 40-19, Supervisor of Purchases______ ------------------- 1070,1241

776-Section 45-505, prohibit fishing, certain means_________

1124

INDEX

1693

799-Chapter 92-19, public revenue______________________________1233, 1275, 1306, 1439, 1472

809-Seetion 855 (aa) Park's Annotated Code, sale of goods____1235, 1307, 1525

817-Section 27-2905, payment of costs, insolvent cases__________

1271,1316

818-Section 49-813, commitment of persons U. S. Veterans HospitaL_________________________________________________

1271,1316

819-Section 49-803, Veterans, guardians, appointment____________ 1271,1316

COMMISSIONERS OF ROADS AND REVENUES-
6--Dodge County, employ regular clerk__________________________________ 30, 171, 185 29---Johnson County, create_____________________________________________________33, 171, 185, 351
44-Madison County, amend____________________________________________________________ 40, 172, 185 59-Marion County, repeaL___________________________________________________________ 62, 172, 185 97---Johnson County, school routes_______________________________________________ 72, 173, 187 99-Brantley County, amend_________________________________________________________ 72, 173, 936 153-McDuffie County, amend ________________________________________________________ 129, 145, 159 156--McDuffie County, create_________________________________________________________ 130, 146, 160 184-Clarke County, amend ________________________________________________________155, 316, 352, 1416

199-Lowndes County, repeal Act 1871-1872--------------------------------

166

200-Lowndes County, create____________________________________________________________

166

220-Walker County, create ______________________________________________________________ 183, 317, 344

221-Walker County, board of, repeaL________________________________________ 183, 317, 344 247-Early County, amend_______________________________________________________________ 229, 317, 344

255-GLascock County, repeaL________________________________________________________ 230, 260, 277

256--Glascock County, create____________________________________________________________ 230, 260, 278

272-Peach Oounty, Ordinary, ex-officio_______________________________________ 273, 342, 370

320--Laurens County, amend _____________________________________________________337, 456, 502, 892

323-Fulton County, amend ------------------------------------------------------------- 357, 456, 502 327-Fulton County, amend______________________________________________________________ 358, 456, 503 344-Fannin County, amend______________________________________________________________ 361,1078,1132

369-Bryan County, amend------------------------------------------------------------- 416, 711, 744 370-Grady County, amend ________________________________________________________416, 458, 506, 828

371-McDuffie County, amend-------------------------------------------------------- 417, 623, 660 374-Douglas County, amend___________________________________________________________ 417, 711, 744 428-Bibb County, further define ____________________________________________________ 525, 712, 744 439-Chatham County, amend__________________________________________________________ 558, 656, 689

467-Montgomery County, amend -----------------------------------------586, 657, 690, 1030 501-Laurens County, county attorney__________________________________________ 651, 1078, 1132 509-Mcintosh County, amend _______,__________________________________________________ 682, 743, 781 512--Clayton County, amend ____________________________________________________________ 682, 743, 781 519-Harris County, salary________________________________________________________________ 705, 778, 826
544-Appling County, amend _____________________________________________________736, 887, 902, 1600

547-Walton County, amend-------------------------------------------------------- 737, 778, 827 588-Quitman County, amend ____________________________________________________________ 816, 915, 938 593-Monroe County, annual audit_______________________________________________ 817, 915, 938 600--Berrien County, amend __________________________________________________________ 818, 915, 938

608-Glascock County, amend---------------------------------------------------------- 877, 901, 918 622-Murray County, amend ____________________________________________________________ 879, 916,1404

1694

INDEX

640-Baldwin County, amend ____________________________________________________________ 898, 974, 999 660-Washington County, amend ____________________________________________________ 907, 975, 10()1 675-Wilcox County, create________________________________________________________________ 910, 975, 1002 687-Long County, amend ____________________________________________________________ 929, 976,1002 739-Camden County, zoning__________________________________________________________ 1024, 1081, 1135 756-Gwinnett County, amend_________________________________________________________1071, 1213, 1244 773-Meriwether County, amend______________________________________________________l123, 1181, 1245 775--Barrow County, to create ______________________________________________________1124, 1214, 1245
793-Tattnall County, to amend -------------------------------------------------------1175, 1268, 1275

COMMON CARRIERS-

213-Amend, license Act ____________________________________________________168, 497, 677, 964,1659

318-Amend, license and registration_____________________________________________

337

319-Levy of license___________________________________________________________________________

337

563-Prohibit hauling, certain commodities__________________________________

771,1240

631-Busses, post sehedules______________________________________________________________

896

691-Motor, annual registration___________________________________________________

947

CONDEMNATION-

50S-Private property, 200-foot width ____________________________________________

681

CONSERVATION277-Authorize levy of tax for________________________________________________________ 274, 343, 1218

CONSTITUTIONAL AMENDMENTS-

76--Judges hear and determine in vacation ____________________________69, 367, 401,1655 128-Blackshear, refunding bonds ____________________________________117, 367, 438, 731, 885 137-Publication of proposed amendmen:ts ______________________________127, 161, 512,1675

163-Rights of ways, certain towns-----------------------------------------------

141, 822

175--Johnson County, Kite School District bonded debt ______ ____ 153, 367, 606

179-Political subdivisions, refunding bonds_______________________________ 154, 367, 609

274--Carrollton, refunding bonds ____________________________________________________ 273, 368,1345

309-Nashville, refunding bonds _____________________________________________________ 335, 622,1412

359-Fulton County, merit system__________________________________________________ 390, 623, 1298

404-Grady County, bonds__________________________________________________________________ 490, 623,1373

420-0cilla, refunding bonds______________________________________________________________ 524, 623,1426

472-Fulton County, name chief deputy_______________________________________ 617, 712,1261

474-Bowdon, refunding bonds__________________________________________________________ 617, 823,1394

481-Salary reduction, Constitutional Officers___________________________

618, 933

487-Exempting certain industries from taxation _____________________

649

490-Georgia Highway District, authorize continuance______________

649,1388

537-Pearson, bonded debt ________________________________________________________________ 708, 824, 967

549-Savannah, bonded debt------------------------------------------------------------

737, 779

572-Supreme Court, writ of certiorari________________________________________

773,1388

607-Certain counties, Boards of Education, loans ________________819, 934,1512,1651

623-Tift County, build hospitaL__________________________________________________ 879, 934,1363

635-Bacon County, refunding bonds______________________________________________ 897, 934,1258

INDEX

1695

658-Savannah, bonded debt______________________________________________________________

907, 935

662-Liberty County, bonded debt._________________________________________________ 908, 1241, 1508

666-Homestead exemptions______________________________________________________________

908

673-Superior court judges, salaries_______________________________________________ 909, 975, 1255

686-General Assembly, session________________________________________________________

929

694-Fulton County, bonded debt____________________________________________________ 948, 1180, 1508

697-Pensions to constables______________________________________________________________

948

720-Reidsville, bonded debt _____________________________________________________________ l021, 1080, 1367 727-Ray City, bonded debt_____________________________________________________________ l022, 1131, 1397

735-Sylvania, bonded debt_______________________________________________________________ 1023, 1241

742-Augusta, make temporary loans___________________________________________l025, 1241, 1429

772-Removal of State CapitoL_____________________________________________________

1123

CONTRACTS--

193-Prohibit federal or state employees, bidding__________________________

165

CO-OPERATIVE MARKETING505-To regulate powers ____________________________________________________________________

681, 742

CORPORATE CHARTERS-

118--Certain corporations, file COPY---------------~-------------------------------

116

138-Renewal, extension, revivaL___________________________________________________ 127, 277, 515

196-Method of filing ________________________________________________________________________ 166, 656, 729

COUNTIES AND COUNTY MATTERS-

4-Purchase of materials for convict labor_______________________________ 42-Premiums on surety bonds_____________________________________________________ 55-Regulate, certain places of amusement________________________________ 63-Clinch, bond of sheriff______________________________________________________________

30, 190, 485 40, 171, 192
62 63, 172, 186

65-Camden, land grants to U. S._______________________________________________ 63, 132, 145 84--Brantley, superior court, term __________________________________________70, 172, 328, 1573

86-Brantley; county treasurer-------------------------------------------------------- 70, 172, 1247 88--Johnson, court costs------------------------------------------------------------------ 70, 172, 186 90-Bartow, city court_______________________________________________________________71, 172, 186, 1194

92-Certain counties, ordinary, salary_________________________________________ 71, 172, 512 95-Clarke, Athens city court________________________________________________________ 71, 236, 260 103-Houston, superior court, term______________________________________________ 73, 173, 355 105-Valdosta, city court reporter___________________________________________________ 73, 173, 187 lOS--Pulaski, bond of treasurer________________________________________________________ 114, 173, 187 109-Glynn, locate points on earth's surface________________________________ 115, 236, 404

114--Union, fees -------------------------------------------------------------------------------- 115, 173, 405

116-Mcintosh, zoning---------------------------------------------------------------------- 116, 237, 261

120--Revenue producing undertakings____________________________________________

116, 997

129-Echols, county court, judge_____________________________________________________ 118, 173, 187

142-Houston, county treasurer_______________________________________________________ 128, 455, 499

144-Polk, county treasurer______________________________________________________________

128, 455

146-Clayton, zoning ----------------------------------------------------------------------- 128, 173, 188

1696

INDEX

152-Mclntosh, livestock dealers______________________________________________________ 129, 174, 518

154-McDuffie, bond of certain officers -------------------------------------- 129, 153, 159
155--McDuffie, consolidation of offices, repeal --------------------------- 129, 146, 160 160-Ben Hill, selection of official organs ____________________________________ 130, 219, 540

170-Atlanta Municipal Court-------------------------------------------------------

153, 367

175---J"ohnson, Kite School Dist., bonded debt_____________________________ 153, 367, 606

204-Dublin City Court, amend_______________________________________________________ 167, 237, 261

234-Bainbridge City Court, salaries____________________________________________

214

236--Schley, treasurer abolish, depository__________________________________ 214, 455, 500

250-Calhoun, Morgan City Court, jurisdiction ____________________________ 229, 342, 370 251-Bleckley, treasurer, abolish ____________________________________________________ 230, 394, 423

254-Dublin City Court, repeaL_____________________________________________________ 230, 497, 533

264-Ellaville City Court, abolish _________________________________________________ 256, 368, 394

266--Walton, running streams, obstructions ----------,-------------------' 256, 49'7, 12.28 270-Certain counties, court reporters, compensation__________273, 368, 695, 1600 279-Glascock, bond of sheriff_________________________________________________________ 311, 368, 394 281-Camden, court clerk, bond_______________________________________________________ 312, 455, 501
282-Columbus City Court_________________________________________________________________ 312, 497, 533

296-Exempt motor fuels, road maintenance_______________________________

314

300-Bryan, treasurer, salary____________________________________________________________ 334, 456, 501

303-Sheriffs to sell motor tags_____________________________________________________

334, 424

314-Glynn, semi-annual audits-------------------------------------------------------- 336, 456, 502 315--Dodge, Wheeler, Telfair, land grants to U. S.____________ 336, 422, 1229, 1295 316-Dodge, Board of Education____________________________________________________ 336, 422, 696
322-Tattnall, Board of Education __________________________________________________ 357, 686, 1501
324-Fulton, sewerage system____________________________________________________357, 456, 502, 924

325--Certain counties, chattel mortgages recording----------------- 358, 498, 697 326-Fulton, planning and zoning____________________________________________________ 358, 456, 503

328-Certain counties, regulate functions ______________________________________ 358, 456, 1225

334--Jeff Davis, superior court, term____________________________________________ 359, 498, 1419 335---J"eff Davis, tax commissioner_______________________________________________ 359, 457, 503

337-Elbert, fox hunting__________________________________________________________:________

360

343-Grady, treasurer, amend________________________________________________________ 360, 457, 503

347-Screven, goats at large___________________________________________________________ 361, 457, 701

348-Screven, treasurer, compensation___________________________________________ 361, 457, 504

350-Madison, commissioner, amend-----------------------------------~--------- 389, 457, 504

359-Fulton, merit system.----------------------------------------------------------------

390, 623

362-Paulding, zoning_______________________________________________________________________ 391, 458, 505

367-Name of county on license plates_________________________________________

416

368-Certain counties, candidates, designate________________________________ 416, 592, 701

372-Certain counties, goats at large_____________________________________________ 417, 499, 702

378-Meriwether, Greenville City Court_____________________________--418, 499, 534, 1556

396-Certain counties, fill vacancies___________________________________________ 449, 592, 696

409-Certain counties, criminl;ll bailiffs________________________________________

491

424-Motor vehicle law, amend_____________________________________________________

525

427-Certain counties, zoning and planning_________________________________ 525, 712, 1230

INDEX

1697

433-Wrightsville City Court, establish________________________________________ 526, 688, 713

470-Certain counties, change boundary lines____________________________

617

471-Certain counties, regulate buildings, etc.-------------------------- 617, 712, 1230 472-Fulton, name chief deputy_______________________________________________________ 617, 712, 1261

473-Fulton, name chief deputy, vacancy______________________________617, 712,1228,1348 475-Clay, Fort Gaines City Court ________________________________________________ 617, 886, 901 486-Thomas, superior court, terms______________________________________________ 649, 712, 1230

491-Ben Hill, election of Board of Education __________________________ 650, 742, 1231

494-Certain county, election of Board of Education ________________ 650, 742, 1231

495-Fulton, establish parks ------------------------------------------------------------ 650, 742, 780 497-Fulton, establish fire prevention system ______________________________ 651, 742, 780
507-Certain counties, zoning_________________________________________________________ 681, 742, 1225

514-Quitman County Court, solicitor__________________________________________ 682, 886, 901

517-Certain counties, regulate size of structures______________________ 683, 743, 1228

520-Bibb, Macon City Court ---------------------------------------------------------- 705, 778, 826

529-Johnson, Wrightsville City Court_________________________________________

706, 887

540-Wilcox, treasurer, abolish____________________________________________ 736, 914, 937,1556

542-Douglas, premiums on bonds_________________ ------------------------------- 736, 914, 937 548-Chatham, create pension board ____________________________________________ 737, 914, 937

550-Union, superior court, term_________________________________________________ 551-Advisory Boards, provide________________________________________________________

737, 887 737, 914

556-Certain counties, hours of polls____________________________________________ 770, 558-Revenue producing undertakings, amend______________________________ 571-Certain county, goats at large______________________________________________ 773, 606-Coffee, goats at large______________________________________________________________ 819,

824, 1227 771
888, 1231 915, 1232

607-Certain counties, Boards of Education, loans ___________819, 934, 1512, 1651 611-Fannin, fishing season__________________________________________________________ 878, 1079, 1232

614-Murray, salary of commis-sioner_________________________________________ 878, 915, 1409 623-Tift, build hospitaL_______________________________________________________________ 879, 934, 1363

638-Certain counties, goats at large_____________________________________________ 897, 1079, 1379 651-Certain counties, goats at large_____________________________________________ 900, 974, 1378

652-Fulton, taxes for relief purposes____________________________________________ 657-Wilcox, superior court, term__________________________________________________ 907, 664-Dodge, treasurer, abolish ________________________________________________________ 908, 674-Certain counties, zoning__________________________________________________________ 909,

906, 935 975, 1303 975, 1001 935, 1337

683-Berrien, Nashville City Court, create __________________________________ 929, 1131, 1182

693-Rabun, name mountain Bleckley___________________________________________ 948, 1079, 1379

694-Fulton, bonded indebtedness________________________________________________ 948, 1180, 1508

696-Cook, reimburse, certain bridges__________________________________________

948

. 704-Towns, tax collector, receipts numerically_________________________ 991, 1027, 1083

711-Primary elections, regulate____________________________________________________ 992, 1131, 1188

720-Tattnall, Reidsville bonded debt___________________________________________1021, 1080, 1367

728-Certain counties, fees, Justices of the Peace________________________1022, 1080, 1380

734-Telfair, fees, sheriff_--------------------------------------------------------1023, 1080, 1134

740-Fulton, merit system______________________________________________________________

1024

745-Certain counties, hook and line fishing_______________________________1025, 1081, 1228

1698

INDEX

747-Colquitt, city court, amend_____________________________________________________1025, 1081, 1135

755-Coffee, Douglas City CQurt, amend ____________________________1071, 1223, 1356, 1671

766--Certain counties, schQQl teachers' retirement________~__________1072, 1213, 1378

767-Certain counties, merit system school teachers__________________1072, 1213, 1378

783-Meriwether, superior court, term_______________________________________ 1125, 1214

784-McDuffie, fees, Justices of the Peace____________________________________1125, 1181, 1246

790-Baldwin, Milledgeville City Court_________________________________________

1175

800-Coffee, tax commissioner, repeaL_______________________________________1233, 1315, 1390

801-Coffee, tax commissioner, repeaL________________________________________1234, 1383, 1390

COUPONS, SCRIPT, Etc.-

161-To provide for cash redemption______________________________________________

141

COURTS AND COURT PROCEDURE-

10--New trials, how granted______________________________________________31, 131, 147, 563, 603

12-Naming insurance company as co-defendant______________________

31

23-Repeal, act giving judges certain authority_______________________ 33, 341, 371

50-Inspection certificates, prima facie evidence______________________ 41, 276, 324

73-Fee system abolish, Dublin Circuit_______________________________________ 64, 236, 324

74-Special criminal bailiffs, repeal Act to amend___________________ 64, 236, 325

84-Brantley Superior Court, term__________________________________________70, 172, 328,1573

85-0rdinaries, fees __________________________________________________________70, 277, 328, 348, 963

90-Bartow County City Court_________________________________________________71, 172, 186,1194

92-0rdinary, salary________________________________________________________________________ 71, 172, 512

95-Athens City Court______________________________________________________________________ 71, 236, 260

98-Punishment for burglary__________________________________________________________

72

103-Houston Superior Court, term_______________________________________________ 73, 173, 355

105-Valdosta City Court, reporter__________________________________________________ 73, 173, 187

114-Union CQunty, fees__________________________________________________________________ 115, 173, 405

129-Echols County, judge________________________________________________________________ 118, 173, 187

134-Manner of service of suits_______________________________________________________

126, 280

147-Judge Emeritus, create__________________________________________________________

128, 422

162-Effect of conveyances and encumbrances______________________141, 531, 579, 594

170-Atlanta, Fulton Section, municipaL___________________________________

153, 367

171-Judges, contempt, supersedeas______________________________________________ 153, 342, 545

172-Bill of exceptions, service__________________________________________________153, 367, 546, 575

187--Cairo, salary of judge________________________________________________________________ 155, 174, 187

204-Dublin City Court, amend______________________________________________________ 167, 237, 261

205-Jurors, qualifications________________________________________________167, 280, 531, 674, 719

208-0rdinaries' courts, jurisdiction_______________________________________167, 238, 677, 711

225-Divorce cases, deposit required, certain counties________________ 213, 422,1228

226-Justice Court, provision for holding_____________________________________

213, 394

232-Clerk's fees fix__________________________________________________________________________ 214, 368,1229

234-Bainbridge City Court, salaries______________________________________________

214

250-Calhoun County, Morgan City Court jurisdiction_____________ 229, 342, 370

254-Laurens County, Dublin City Court, repeaL______________________ 230, 497, 533 264-Schley County, Ellaville City Court, abolish________________________ 256, 368, 394

INDEX

1699

270-Reporters, compensation -----------------------------------------------273, 368, 695, 1600 282-Columbus City Court______________________________________________________________ 312, 497, 533

307-Atlanta, Criminal Court of, add judge________________________________ 335, 369, 395

313-Judges, in vacation____________________________________________________________________

336

325-Chattel mortgages, recording of____________________________________358, 498, 697, 925

329-Punishment for robbery____________________________________________________________

358

333---Brunswick Circuit, salary of reporter___________________________________ 359, 498, 697

334-Jeff Davis Superior Court, term___________________________________________ 359, 498, 1419

338-Court reporters, amend and clarify_______________________________________

360

342-Atlanta Judicial Circuit, add judge_______________________________________ 360, 498, 1250

366--Stolen property, recovery_________________________________________________________

416

378-Greenville City Court, establish------------------------------~----------- 418, 499, 534

382-Court reporters, deposition commissioners_________________________

419

433-Wrightsville City Court, establish_______________________________________

526, 688

453-Judges alternate, illness____________________________________________________________ 560, 778, 825

475-Fort Gaines City Court, repeaL_____________________________________________ 617, 886, 901

486-Thomas Superior Court, terms_____________________________________________ 649, 712, 1230

514-Quitman County Court, solicitor____________________________________________ 682, 886, 901

520-Macon City Court, amend_____________________________________________________ 705, 778, 826

529-Wrightsville City Court, amend______________________________________________ 706, 887, 951

550-Union Superior Court, term_________________________________________________

737, 887

565-Court reporters, regulate and amend____________________________________

772

599-Verdict rendered, certain cases_____________________________________________

818

612-Regulate procedure, civil cases____________________________________________ 878, 997, 1216

628-Admissibility of evidence, certain papers___________________________

880, 997

657-Wilcox County, Superior Court, terms _______________________________ 907, 975, 1303

673-Superior Court Judges, salaries_____________________________________________ 909, 975, 1255

683-Nashville City Court, create___________________________________________________ 929, 1131, 1182

747-Colquitt County City Court, amend ____________________________________1025, 1081, 1135

754-Coffee Superior Court, term___________________________________________________1070, 1223, 1392

755--Douglas City Court, amend__________________________________________1071, 1223, 1356, 1671

783-Meriwether Superior Court, term __________________________________________1125, 1214, 1393

79()--Milledgeville City Court, establish_______________________________________

1175

794-City courts, grand jury indictment waived_________________________

1175

823-Fee system Tallapoosa Circuit, abolish______________________________1312, 1388, 1504

COURTS, SUPREME AND APPEALS-

38-Clerk, salary_______________________________________________________________________________ 39, 171, 191

18()--Sheriff, fix salary____________________________________________________________________

154

202-Practice, duties, regulate________________________________________________167, 219, 647, 719

D DEPOSITIONS-
122-Method of taking in possessions---------------------------------------- 117, 218, 436
DESSERTS, FROZEN317-Regulate and control sale of__________________________________________________ 336, 622,1410

1700

INDEX

DIVORCES225-Deposit required, certain counties______________________________________ 213, 422, 1228 647-Amend Code, Reside~ts---------------------------------------------------------- 899, 934,1258
DRUGS136--Chief Drug Inspector, duties, salary___________________________127, 218, 442, 1355

E

ELECTIONS-

2-Provide method of holding primaries__________________________________ 30, 144, 190

7-Primary elections, recounts granted_____________________________________

30

78-Limiting campaign expenses__________________________________________________ 69, 236, 328

107-Candidates, Lowndes County, designate_______________________________ 73, 236, 404

113-Identification of voters__________________________________________________ 115, 236, 405, 460

125-Illegal practices, primaries____________________________________________117, 237, 438, 481

132-Filling vacancies------------------------------------------------------------------

118, 1426

197-Registration of voters_________________________________________________________ 166, 237, 672

216-Candidates designate opponents_________________________________________ 169, 238, 677

278-Limit time of notice, fill vacancies_______________________________________

311, 591

304-Further regulate voting____________________________________________________________

335,594

368-Candidates, certain counties, designate______________________________

416, 592

396-Fill vacancies, certain counties_____________________________________________ 449, 592, 696

491-Ben Hill County, Board of Education________________________________ 650, 742,1231

494-Certain County, Board of Education------------------------------------ 650, 742,1231 556-Polls, fix hourS', certain county____________________________________________ 770, 824, 1227

609-Proper ballots, certain elections_________________________________________

877

615-Election of State Auditor by people____________________________________

878, 915

649-Regulate primary elections, State Senate___________________899, 1131, 1526, 1649

711-Primary elections, regulate_________________________________________________

992, 1131

777-General elections, repeaL-------------------------------------------------- 1124, 1181

ELEVATORS, ESCULATORS, AND DUMBWAITERS-

259-Establish Code, construction and maintenance of_____________

231

EMBALMING363-Amend Code, define and regulate_________________________________________

391, 656

EMPLOYMENT-

228-Prohibit blood relation, State Government_____________________

213, 318

283-Limit employees, State Revenue Department____________________ 312, 497,1207

308-Railroads, minimum crew, define_______________________________________

335

431-Prohibit non-residents, State Government___________________________ 496-To regulate, children______________________________________________________________

526, 563 650, 997

ENGINEERS AND ENGINEERING-

22-Repeal Act regulating________________________________________________________________

32

INDEX

1701

ENTOMOLOGIST, STATE--:408--To abolish---------------------------------------------------------------------648--Duties as inspector____________________________________________________________

491 899,1131

ESTATES-

121-Year's support, widow or minor children____________________________ 116, 173, 407

206-Regulate effect, conveyance by widow_________________________________

167

310-Year's support, effect of conveyances______________________________

336

EXECUTIVE DEPARTMENT-

24--Colonels Governor's staff, reduce____________________________________

33

EXEMPTIONS, TAX102-Prohibit, disabled veterans________________________________________________ 400-Amend Code, veterans______________________________________________________

72 490, 778

F

FAIR TRADE PRACTICES434-Sale of advertisements, define___________________________________________

526, 914

FEES AND FEE SYSTEMS-

73-Dublin Circuit, abolish______________________________________________________ 64, 236, 324

185--Tax Collectors, Tax Receivers, amend__________________________________

155

232-Court Clerks, fees fix______________________________________________________

214, 368

585--Tax Collectors, Tax Receivers, revise________________________________

775, 1240

823-Tallapoosa Circuit, abolish____________________________________________________1312, 1388,1504

FIREWORKS482-Prohibit sale of______________________________________________________________________ 620-Regulate sale of____________________________________________________________________

618, 997 879,1213

G

GAME AND FISH-

15--Fishing license, repeal_______________________________________________________

32

40-License to fish________________________________________________________________________ 40, 146, 224

83-Repeal 'hook and line fishing, certain dates__________________70, 145, 328, 348

140-Crab fishing, regulate ------------------------------------------------------- 127, 146, 518

157-Hook and line fishing, certain counties_______________________130, 367, 519, 537

262-Deer, hunting season_____________________________________________________________

256

284-Prohibit trapping foxes, certain counties__________________________ 312, 368,1225

285--Legalize seining, certain counties______________________________________

312

286-Regulate hunting, certain counties______________________________________

312, 886

312-Migratory birds, hunting season___________________________________________

336, 369

331-To amend Act of 1924-------------------------------------------------------

259

1702

INDEX

337-Fox hunting, Elbert County__________________________________________________

360

352-Regulate taking of spawning crabs______________________________________ 389, 741,1352

353-Regulate bears, rabbits, opossums__________________________________

390, 532

354-Amend Code, hunting, certain territory________________________390, 532,1209, 1543

383-Hook and line fishing, to amend__________________________________________

419

506--Prohibit sale of fresh water fish_________________________________________

681

561-Limit sale of fish____________________________________________________________________

771

576--Regulate trapping, certain counties______________________________________ 773, 1131, 1377

577-Prohibit hunting, certain firearms________________________________________

774

579-Shad fishing, open season__________________________________________________

774

590-Legalize seining, certain counties________________________________________ 816,1079,1232,

1293,1311,1336

611-Fannin County fishing season_______________________________________________ 878,1079, 1232

632-Prohibit commercial fishing_________________________________________________

897

634-Commercial fishing, sale of catch_________________________________________

897

722-Amen.d Code, oyster beds________________________________________________________

1021

723-Prohibit use of nets_________________________________________________________________

1021

724-Hunting, prohibit use of traps, poison, etc.__________________________

1022

725-Regulate shad fishing_______________________________________________________________

1022

726--Season for taking shad_______________________________________________________

1022

745-Hook and line fishing, Jackson Lake___________________________________1025, 1081, 1228

776--Prohibit fresh water fishing, amend Code__________________________

1124

GARNISHMENT-

442-Amend Code, exemption___________________________________________________________

558

GENERAL ASSEMBLY-
41-Admission of members, theaters, etc.______________________________________ 686--Fix length of sessions___________________________________________________________

40, 220 929

GEORGIA MILITARY COLLEGE624-Land grants, City of Milledgeville________________________________________ 879, 973, 1378 625-Enlarge powers, Board of Trustees______________________________________ 880, 973, 1261 626--Land grants, City of Milledgeville_____________________________________ 880, 973, 999

GEORGIA, STATE OF689-To adopt official flag and coat of arms_____________________________

930,1180

H

HEALTH222-Veneral diseases, controL_______________________________________________________
384-Georgia Department of Public Health, Director_______________ 524-Amend Code, expenses of county boards______________________________

183, 531 447 706

HIGHWAYS16-Regulate road contracting_______________________________________32, 246, 267, 281, 308

INDEX

1703

93--Suwanee Forest Memorial Highway~~~~~~~~~~~~~-~~~~~~-~~~~~~~~~~~~~~~ 71, 173-Speed, limit~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~-~~~~~~~~~~~~~~~~~~~153, 531, 606, 643, 188-Tax on billboards, signs, etc-~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 489-Coastal Highway Dist., duties of commissioners~~~~~~~~~~~~~~~~ 490-Authorize continuance, Coastal Highway District~~~~~~~~~~~~ 684--Inferior roads, prohibit construction~~~~~~~~~~~~~~~~~~~~~~~-~~~~~~~~~~~ 797-Prohibit bridge construction, certain rivers~~~~~~~~~~~~~-~~~~~~~~~~

496, 539 662,1223
165 649 649,1388 929 1176

HIGHWAY DEPARTMENT, STATE-

235-Allocation of funds to Post Roads Division~~~~~~~~~~~-~~~~~~~~~~~ 214, 531, 782

268---Aeronautics Commission, create~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~-~~~

257

456-Contract letting, prohibit~~-~~~~~--~~~~~~~~~~~~~~~~~~~~~~~~~~~---~~~~~~--~~--~~~~~~

560

469-Purchase bridges, conjunction adjoining states.~~~~~~~~~~~~~~~~~ 587, 657,1208

478---Distribution of funds, counties-~~~~~-~~~~~-~~~~~~~~~~~~-~~~~~~~~~~~~~~~---~~~ 618, 823,1515

690-Authorize state-aid funds on rural post roads-~~~~~~~~~~~~~947, 997,1265,1296

696-Reimburse Cook County, certain bridges_~~-~~~~-~~~-~~~~~~~~~-~~~~~~-

948,1027

699-Use lint cotton, construction of highways~~~~~~~~~~~~~~~~~~~~~~~~-~~-

949

786-Divert $5,000,000.00 -~--~~~~~~~~~-~~-~~~~~~-~~~~~~~~-~~~~-~~~~~~~~~~~~--~~~~~~~~--~~~

1174

HIGHWAY PATROL---

148-Road-side establishments, inspection-~~~~~~~~~~~~~~~-~~~~~~~~~~~~~~~~~~~

128, 371

208-Disposition of cases~-~~~-~~~~~-~~~~~~~~~~~~~~~~~~--~~-~~~~~~~~~~~~~~~~-~~~~~~~~167, 238, 677, 711

HIGHWAY MAP (NEILL-TRAYLOR)-

58-Add certain mileage to~~~~-~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

62-Add certain mileage to~~~~~~~~--~~~~~~~~~~~~~~--~~~~~~~~-~~-~~~~~-~~~~~~~~~~-~--~~ 63,

80-Add certain mileage to~~~~~~~~~~-~~~~~~~~~~~~~~~~~~~~~~~~~~~-~~~~~~~~~~-~~~~~~~~~~ 69,

81-Add certain mileage to~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~-~~~~~ ~~ ~~ 69,

82-Add certain mileage to~~~-~~~~~~~~~~~~~~~~~~~~~~-~~~~~-~~~~~-~~~~~~~~-~~~~~~~-~~- 70,

100-Add certain mileage to~~~~~~~~--~~~~~~~~~-~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 72,

106-Add certain mileage to~~ ~~~~~ ~ ~ ~~ ~~-~~--~-~~ ~ -~ ~~--~~~ ~~~-~--~~~~ ~~~~~~~~~~-~~~ 73,

111-Add certain mileage to~~~~~~~~~~~~~~~-~~~~~-~-~~~-~-~~~-~~~-~~-~-~~~~-~-~~~~~~-~- 115,

115-Add certain mileage to~~~~--~~~~~~~~~~~~~~~-~~--~-~~~~-~--~~~-~---~~-~--~~~-~~- 115,

127-Add certain mileage to~~~~~-~~~~~~~~~-~~~~~~~~-~~~~~~~~~-~~~~-~~~--~~~-~~~~~~~~~- 117,

149-Add certain mileage to~~~~~~~~~~~ --~ ~~~~-~~~~~~~~~--~ ~-~~~ ~---~~ ~-~~~--~ ~~~ ~~ ~~-- 129,

195-Add certain mileage to~-~~~~~~----~~~~~~~~~~~~~~~~~~~~~~~~-~~-~~~~~~~--~~~-~-~~~-- 166,

233-Add certain mileage to_~~~~~-~~~~~~~~~~~~~~~~-~~~~~~~~--~~~~~~~~--~-~~~~~--~~-~~-

267-Add certain mileage to~~~~~-~~~~-~~~~--~~--~~~~~~~~~~~~-~~~~~~~~~~~~~-~~~~~~~~~

301-Add certain mileage to~~~--~~~-~~~~~~~~~~--~~~~~~~~-~~~~~~~~~-~~~--~~---~~~~---- 334,

306-Add certain mileage to~~~~~~~~~~-~~-~-~~~~~-~~~~~~-~-~~~~-~~--~~~-~~~-~~~~--~~-

365-Add certain mileage to~~~~-~~~~~~~~~~~-~~-~~~~~-~~~-~~~~~~--~~-~~---~~--~~--~~-~-

386-Add certain mileage to~~~~~~~~~~~~~~~~~~-~-~~~~-~~~~~~~~--~~~~~--~--~~--~-~~~~~~~~ 448,

389-Add certain mileage to

---------------------------------------------------

390-Add certain mileage to~~-~~~~~~-~-~~~~~-~--~~-~~~~~~-~--~~~---~~~~~----~~-~--

391-Add certain mileage to~~~~--~~~~-~~--~-~~~~~~~--~~--~~-~-~---~~~~~---~~-~~------~~

392-Add certain mileage to~~~~~-~~~~~~~~~--~~~~~~~~~-~-~~-~~~-----~~-~~~---~~~~~---~

393-Add certain mileage to-~~~-~~~--~~~~~~~~-~-~~~--~-~~~---~~-~-~-~~~~--~-~-~~~~-

62 495, 538 496, 538 496, 539 496, 539 496, 539 496, 539 496, 539 496, 539 496, 539 496, 539 496, 672 214, 497 257, 497 498, 1224 335, 498 416, 686 687, 1380 448, 687 448, 687 448, 687 449, 687 449, 687

1704

INDEX

394-Add certain mileage to____________________________________________________________

449, 687

677-Add certain mileage to__________________________________________________________ 928, 997, 1502

746-Add certain mileage to___________________________________________________________

1025,1132

770-Continuing State Route 93, Mitchell__________,_________________________

1123, 1181

HOG CHOLERA407-To prevent spread of________________________________________________________________ 491, 542, 1520

HOMESTEAD EXEMPTIONS-

35-To amend____________________________________________________________________________________ 39, 132, 148

112-To amend----------------------------------------------------------------------------------- 115, 218, 405

183-To amend, local school levy______________________________________________________

154

423--To amend ____________________________________________________________________________________

525, 623

448-To amend---------------~--------------------------------------------------"------------------

559

464-To amend........-------------------------------------------------------------------------479-To amend ____________________________________________________________________________________

586 618, 886

558596--TToo aammeenndd--_-_-_-_-_-_-_-__-_-_-_-_-_-_-_-_-_-_-_-_-_-__-_-_-_-_-_-_-_-_-_-_-_-_-_-__-_-_-_-_-_-_-_-_-_-_-_-_-_-__-_-_-_-_-_-_-_-_-_-_-_-_-_-__-_-_-_-_-_-_-_-_-_-_-_-_-_-_

771 775,1078

666-To amend----------------------------------------------------------------------------------667-To amend---------------------------------------------------------------------------~-------763--To amend_____________________________________________________________________________________

908 908 1072

H

HOSPITALS, HOSPITALIZATION459-Amend Act, group hospitalization__________________________________________

585, 778

HOTELS, INNS, TOURIST CAMPS-

14-Prima facie proof of intent to defraud---------------------- 31, 367, 396, 424

55-To regulate-----------------------------------------~--------------------------------

62

102-Prohibit operation, disabled veterans___________________________________

72

HOUSING AUTHORITIES-

165-Establishment, legalize___ --------------------------------------------------- 149, 237, 545 166-Bonds, securities for public officials_________________________ 149, 237, 545

167-To amend--------------------------------------------------------------------------- 149, 237, 545

169-To amend, Housing Corporation Law____________________________ 149, 237, 545

295-Exemption of bonds from taxation___________________________________ 779-Amend law______________________________________________________________________________

314, 368 1124

HYDOPHOBIA AND RABIES-

201-To prevent spread of----------------------------------------------------

166

I

INSURANCE-

11-Casualty, regulate__________________________________________________

31

12--Policyholder, defendant in suit_______________________________________________

31

INDEX

1705

198-Tax on gross premiums__________________________________________________

166

223-Department of Insurance, amend_________________________________________

183, 465

238-Commissioner name board of trustee____________________________

214

268-Title, define___________________________________________________________________ 231, 455,1419

293-Co-operative insurance exchanges, authorize____________________

313, 686

380-Amend Code, fees and tax on gross premiums_________________ 387-Limit insurance investigators______________________________________ 388--0ccupational tax on______________________________________________________________

418,1180 448 448

421-Fix venue of suit'S------------------------------------------------------------483-Fire insurance, total loss_________________________________________________ 468-Fund, retire disabled firemen _________________________________________________

524, 662 619
686, 914

692--Salary, Deputy Insurance Commissioner____________________________ 816, 906, 934

692-To regulate fire insurance__________________________________________________

947

INTEREST-

79-Reduce legal rate to 6 per cent_______________________________________

69

246-Reduce legal rate____________________________________________________________________

229

INTRA-COASTAL WATERWAY COMMISSION67-To establish_________________________________________________63, 132, 149, 189, 341, 400, 429

INVE~TIGATION AND INVESTIGATING COMMITTEES681-0f State affairs, create, joint______________________________________928, 1241, 1515, 1523

J

JUDGES147-Judge Emeritus, create________________________________________________________ 128, 422, 618

171---Contempt, supersedeas, mandatory_______________________________________ 153, 342, 545

336--Judge EmerituS', create and define_____________________________________

359, 423

JUNK DEALERS276-To regulate----------------------------------------------------------------------------- 274, 422, 1419

JUSTICE EMERITUS-

26-Repeal Act creating______________________________________________________________

33

JUSTICES OF THE PEACE-
728-Fees, criminal cases, certain counties__________________________________1022, 1080, 1380 784-Fees, McDuffie County__________________________________________________________1125, 1181, 1246

L
LAND REGISTRATION34-To repeal Act providing for ___________________________________________ 39, 131, 147, 694 48-Regulate, preparation and contents of maps________________41, 172, 226, 239

1706

INDEX

LAW SCHOOLS71-Furnish law books to certain colleges___________________________ 64, 341, 400, 424

LAW PRACTICE-

164-Regulate admission to practice ------------------------------------141, 342, 544, 598

299-To provide for admission tO----------------------------------------------------

334, 532

LICENSES AND LICENSE FEES-

139-Automobile tags ---------------------------------------------------------------------- 127, 219, 518 213-Amend, motor vehicles__________________________________________________ l68, 497, 677, 964

258-Title insurance, method---------------------------------------------------------- 231, 455,1419

633-Fees, commercial fishing boats--------------------------------------------668-Exempt, indigent persons_______________________________________________________

897 908, 997

LIQUOR-

117-Authorize state operation, warehouses and stores____________

116

249-Warehouses, retail stores, state owned ________________________________

229

LIVESTOCK-

30-Inoculation, treatment and immunization of swine__________ 33, 218, 267,

421, 508, 537

39-Running at large, on highways _____________________________________________

39, 536

!52-Resident dealers, license________________________________________________________ 129, 174, 518

189-Traveling horse traders, tax-------------------------------------------------

165

379-Running at large on highways______________________________________________

418

560-Destruction by stray dogs, cats____________________________________________

771

709-Bill of sale---------------------------------------------------------------------------------

992,1213

741-Feeds, prohibit use of metal seals, clips, etc.____________________ 1024,1081

771__:_Care and protection------------------------------------------------------------------

1123

LOANS581-To define and regulate ___________________________________________________________ 587-To define and regulate, interest rate ___________________________________ 749-To fix maximum rate of interest__________________________________________

774 816 1070,1241

LOBBYING-

27-To define and provide penalties for--------------------------------------

33

M

MALT BEVERAGES-

9-Repeal revenue tax Act_________________________________________________________

31, 918

591-Rate of tax on beer, continue ______________________________________________ 816,1240,1438

731-Wines, regulate --------------------------------------------------------------------- 1023, 1180

INDEX

1707

MARRIAGE LICENSE LAW'-

45--To amend -------------------------------------------------------------------------40, 530, 578, 598

222-Amend, physical examination__________________________________________________

183, 531

271-To amend --------------------------------------------------------------------------- _____

273

MASKS, HOODS, REGALIA, ETC.375--To prohibit wearing of______ ----------------------------------------------------

417, 656

MATTRESSES19-Rules for manufacture, repeaL____________________________________________

32, 1239

MEDICAL EXAMINERS, BOARD OF190--Amend, increase membership_______ ------------------------------------------ 165, 531, 667

MILK CONTROL BOARD-

18-Repeal, State ---------------------------------------------------------------------------

32

130--To amend -----------------------------------------------------------------------------------

118, 441

181-Membership, increase -----------------------------------------------------154, 185, 613, 628

MOTOR FUELS-,573-Regulate wholesale dealers_____________________________________________________

773, 888

MOTOR VEHICLES-,-

104--Rolling store maintenance tax, repeaL______________________________

73, 885

139-License plates ------------------------------------------------------------------------- 127, 219, 518

143-Regulate size and weight carrying certain liquids ____________

128, 344

173-Speed, regulate --------------------------------------------153, 531, 606, 643, 662, 1223

182-Regulate operation of___________________________________________________________

154

213-Amend, license laws, certain radius __________________168, 497, 677, 964,1659

230--Motor tags, registration by counties____________________________________

213

245--Limit liability of owner, operator_________________________________________ 229, 686,1530

303-Authorize sheriffs, sell motor tags________________________________________ 318-To amend, registration____________________________________________________________

334, 424 337

364--Regulate transportation of certain products__________________

391, 499

367-Number plates, name of countY--------------------------------------------410--Limit size and capacity, trucks____________________________________________

416 491, 692

424--License plates, counties-----------------------------------------------------438-Special motor tags, premium________________________________________________

525 527, 688

445--Eligibility, membership, County Boards of Education______ 458-Prohibit certain transportation, 4 wheel trailers______________ 510--Registration, further define and regulate___________________________

559, 624 585, 692
682

513-Motor tags, improve laws------------------------------------------------------

682

564--Liability owners and operators______________________________________________

772

678-Amend Code, reflectors------------------------------'---------------------------710--Fixed routes, provide seats______________________________________________________

928,1223 992

778-License tags, ambulances------------------------------------------------------ 1124,1223

1708

INDEX

N

NATURAL RESOURCES, DEPARTMENT OF-

452-Amend Act creating_________________________________________________________ 560, 778, 1207

597-Natural Resources Board, establish____________________________________

817

627-To amend -----------------------------------------------------------------------------

880

NATUROPATHIC EXAMINERS47-Create Board of---------------------------------------------------------------------

41, 885

NAVAL STORES-

119-Designate operators or manufacturers, farmers _______________

116

NEWSPAPER LIBEL-

243-Additions to laW------------------------------------------------------------------

215

0

ORDINARIES208--Court, jurisdiction, enlarge__________________________________________167, 238, 677, 711
272-Peach county ex-officio duties------------------------------------------- 273, 342, 370

OPTOMETRY432-Board of Examiners in, amend____________________________________________

526, 741

p

PARK AUTHORITY, STATE714-To create

993,1306

PAUPERS-

373-Amend Code, support of----------------------------------------------------

417

PAWNBROKERS449-To regulate --------------------------------------------------------------------- 559, 823,1302

PENSIONS-

64-Eligible persons, division of pensions_______________________________

63, 933

!59-Confederate, increase ----------------------------------------------------130, 157, 540, 893 265-Athens, paid fire department__________________________________________ 256, 342, 370

311-Public Assistance Act, amend----------------------------------------------

336, 933

637-State Division of Confederate Soldiers, create___________897, 916,1203,1499

697-Constables, provide for_______________________________________________________

948

718--Albany, city employees.--------------------------------------------------------1021, 1080, 1133

PHARMACY, STATE BOARD OF-

682-Qualifications of applicants.---------------------------------------------------

928

INDEX

1709

. PHOTOGRAPHIC EXAMINERS, STATE BOARD OF20--To repeal ----------------------------------------------------------------------------

32, 917

PRINTING AND PRINTING PLANTS-

455--Prescribe method ----------------------------------------------------------

560

PRISONS, PRLSON COMMISSION-

322-Tattnall Prison Farm, sale of land------------------------------------- 357, 686,1501

401-Board of Penal Administrators, abolish--------------------------546--Penal Board, traveling expenses__________________________________________

490,1078 736,1027

574-Transfer appropriations, Prison Commission.__________________

773

575--Penal Administration Board, repeaL--------------------------------

773

582--Amend Code, Salaries of Commissioners__________________________

775

656--To abolish ------------------------------------------------- ----------------------

907

PRODUCE MARKET AUTHORITY, ATLANTA804-To establish ------------------------------------------------------------

1234,1315

PROTESTSOn House Bill No. 755----------------------------------------------------------

1368

PUBLIC SAFETY, DEPARTMENT OF-

218--Amend, addition of patrolmen.-------------------------------182, 277, 731, 1360

148--Roadside establishments, inspection, patrolmen________________

128, 371

208--Disposition of cases--------------------------------------------167, 328, 677, 711

PUBLIC SERVICE COMMISSION-

553--Maximum gasoline price, maintain------------------------------

738

PUBLIC UTILITIES-

66--Prohibit telephone companies, service charge___________________

63, 1632

729-Taxation of electricitY--------------------------------------------1022, 1080, 1221 730--Ad valorem tax, proprietary establishments________________________1022, 1080, 1221

PUBLIC WELFARE-

13-World War Veterans' children, exempt, Univ. System____ 168-Certain cities, demolition of dwellings________________ -------------

31,1137 149

311-Public Assistance Act, amend----------------------------- 426--Ambulances, maintain --------------------------------------------------465--Purchase, Bon Air Hotel, Augusta....._________________________________

336, 933 626
686, 1212

522--Require State Dept. to reimburse counties -----------------

705, 1130

530--Require State Dept. to reimburse counties---------------

707, 1130

631-Require .State Dept. to reimburse counties----------------

707,1130

662--Amend, Dependent Children. Act------------------------------------

771

583-Burial expenses, Confederate veterans---------------------------

775, 933

639-Amend, Old Age Assistance Act---------------------------------------

898

698--Institutions under control of, sale of products___________948, 998, 1394, 1672

1710

INDEX

PURCHASES, STATE DEPARTMENT OF-

621-To establish ------------------------------------------------------------------------------- 879, 1268, 1284

751-Prohibit purchases for personal u~e or gain ---------------------

1070, 1241

R

RACING339-To regulate and controL_______________________________________________________

360, 457

RADIO COMMISSION, GEORGIA21-To repeal

32,1005

RAILROAD.S-
308-Minimum crew, define ----------------------------------------------------------425-Require stopping at crossings ______________________________________________ 563-Prohibit hauling, certain commodities_________________________________

335 525, 711
771

REAL ESTATE COMMISSION, GEORGIA-

294-To amend --------------------------------------------------------------------------------

314, 532

REGENTS, UNIVERSITY SYSTEM OF GEORGIA37-To define status of_________________________________________________________________ 52--Repeal Act 20, status of regents ___________________________________________
398---Condemn private property, public use ________________________________ 502--Technical staffs to execute architectural duties ________________

39 41 450 651, 823

REPORT OF STANDING COMMITTEES-

Amendments to Constitution No. 1____________________________775, 1073, 1304, 1385, 1592

Amendments to Constitution No. 2---------------- 161, 363, 620, 652, 819, 930,

1073,1126,1176,1236,1312,1531

Appropriations ----------------------------------------------------------------------------------- 392, 1267, 1312

Auditing ------------------------------------------------------------------------------------------Banks and Banking____________________________________________________________________________

1223 775

Conservation ------------------------------------------------------------------------------ 338, 492, 1304

Corporations -------------------------------------------------------------------------------------

274, 1466

Counties and County Matters_______ 142, 169, 233, 258, 315, 339, 364, 393,

452, 589, 620, 652, 708, 738, 776, 880,

900, 910, 970, 993,1026,1073,1176,1177,

1211,1267,1305,1313,1382,1386,1533

Education No. 1-------------------------------------------------------------------216, 393, 621, 776, 930,

1126,1177,1382,1386

Education No. 2----------------------------------------------------------------_419; 589, 819, 971, 1127

Engrossing ---------------------------------------- 131, 156, 170, 184, 216, 259, 275, 315, 339, 364, &9~. 419, 453, 493, 527, 562,

589, 621, 653, 683, 709, 739, 776, 820,

881, 900, 911, 931, 949, 994,1026,1074,

1126,1178,1236,1272,1313,1386,1466,1597

INDEX

1711

Enrollment ------------------------------------- 259, 339, 364, 393, 419, 453, 493, 527, 562, 589, 621, 684, 709, 739, 777, 820,
881, 911, 931, 994,1026,1074,1126,1178,
1313,1467,1533,1597,1598,1599 Game and Fish ________________________________________________________________ 142, 365, 528, 739, 881,

1074,1075,1127,1534

General Agriculture No. L------------------------------------------ 184, 216, 420, 454, 621,

653, 911,1126,1314,1534

General Agriculture No. 2-----------------------------------------

590, 740, 881, 931

General Judiciary No. L _______________ 131, 216, 339, 365, 528, 562, 654, 820,

882, 994,1075,1236,1237,1466,1534,1535

General Judiciary No. 2-------------------------------------- 275, 420, 528, 590, 777, 882,

931, 971,1075,1127,1178,1272

Georgia State Sanitarium_________________________________

142, 161, 996

Hygiene and Sanitation_____________________________________

529, 740, 882, 1237, 1593

Halls and Rooms.___________________________________________________

932

Industrial Relations _____________________________________________ 275, 316, 622, 994, 1238, 1593

Insurance ------------------------------------------------------------

454, 684, 883

Journals -------------------------------------------- 29, 38, 61, 68, 114, 126, 140, 152,

164, 181, 211, 228, 255, 272, 311, 333,

357, 389, 415, 447, 489, 523, 557, 584,

616, 648, 680, 704, 735, 770, 815, 877,

896, 906, . 927, 947, 991, 1020, 1069, 1122,

1174,1233,i270,1311,1385,1465,1533, 1597

Motor Vehicles ..________________________________

259, 340, 493, 529, 684, 995, 1222

Municipal Government---------------------

143, 184, 234, 259, 276, 340, 365,

420, 454, 493, 529, 591, 655, 740,

821, 883, 912, 972, 995,1076,1128,

1178,1211,1238,1305,1381,1387,1531

Penitentiary --------------------------------------------------------------------

1027, HY76, 1273, 1593

Pensions --------------------------------------------------------------------------

156, 912

Privileges and Elections ---------------------------------------------- 143, 234, 260, 316, 591,

777, 821, 950,1128

Public Highways No. L-------------------------- ------------------- 494, 684, 738, 821, 883,

996,1077,1128,1179

Public Highways No. 2--------------------------------- ________________

234, 530, 590, 654

Public LibrarY-------------------------------------------------------------- 341, 741, 1077, 1382, 1461

Public Property----------------.-----------------------------_________________

421, 685

Public Utilities -----------------------------------------------------------Public Welfare_____________________________________________________________

421, 1531 685, 932, 1128, 1594

Railroads ----------------------------------------------------------------

710, 1387

Rules --------------------------------------------------------- 174, 319, 349, 433, 537, 693, 696,

697, 698, 721, 781, 963, 1199, 1220,

Special Appropriations _____________________________

1250,1252,1436,1500,1537,1605 530, 884,1211,1273

Special Judiciary________________________ -------------

170, 235, 366, 495, 685, 709,

1712

INDEX

884, 97~1077,1129,1212,1222

State Prison Farm-----------------------------------

1267

State of RepubliC----------------------------217, 285, 276, 366, 454, 655, 821, 884,

913, 996,1078,1129,1314,1387,1594

Temperance ----------------------------------------------------------------------------

913, 1179

Uniform State Laws ------------------------------------------------------------- 562, 822, 1129, 1314

University System of Georgia --------------------------------------------

686, 1130, 1467

Ways and Means ------------------------------------- 235, 421, 495, 622, 686, 885, 945,

950,1179,1288,1268,1305,1387,1461

Western and Atlantic Railroad ----------------------------------------- 1268, 1308, 1461, 1594

REVENUE, STATE DEPARTMENT OF-

292--Limiting inspectors, salaries, etc--------------------------------------- 313, 498, 1207

713-To amend--------------------------------------------------------------------------------

993, 1131

ROLLING STORES-

567-Further define and regulate_________________________________________________

772

RULES OF THE HOUSE-

54-To amend---------------------------------------------------------------------------

62

RURAL POST ROADS, DIVISION OF690-To consolidate with State Highway Dept.__________________947, 997, 1265, 1296

s

SALARIES, WAGES, Etc.446--State employees, to reduce --------------------------------559, 1130, 1252, 1433, 1650

SCHOOLS-

87-Quitman, tax levy for----------------------------------------------------------- 70, 145, 158

89-County Superintendents' reports ----------------------------------------- 70, 218, 329

94-County Superintendents, qualifications______________________________

71

96--Transportation of pupils------------------------------------------------------- 72, 218, 329
97--Johnson County, school routes----------------------------------------------- 72, 173, 187 209-County Superintendents, offices _____________________________________ 168, 342, 675, 719 219-Compulsory law, enforcement________________________________________182, 422, 1250, 1649

269-Equalizing Educational Opportunities Act, amend _________

273, 778

395-Amend Code, transportation of pupils.--------------------------------413-Teachers' salary, provide___________________________________________________

449, 623 49~ 592

419-Busses, exempt-------------------------------------------------------------------

524

422--Albany, special school taX------------------------------------------------- 524, 656, 689

445-Eligibility for county Boards of Education._______________________

559, 624

536--Toccoa Falls Institute, confer degree, Bible______________________ 708, 824,1231

554-Amend Code, numeration of school children ----------------------- 770, 933, 1521

555-Amend Code, division of local units __________________:_________:_______

770, 973

568-Equalizing Educational Opportunities Act, amend ----------

772, 1130

INDEX

1713

641-Amend Code, local school tax, how collected -------------------642-Amend Code, local school tax, collection of________________________

898, 934 898, 934

680:--Certain cities, school benefits, amend ------------------------------

928, 1079

766-Certain counties, teachers' retirement fund ______________________ 1072, 1213, 1378

767-Certain counties, merit system, teachers ---------------------------1072, 1213, 1378

SECURITIES166-Housing Authority bonds, public officials------------------------- 149, 237, 545

STABILIZATION FUND-

528-To increase_____________________________,______________________________________________

706

676-Limiting amount of------------------------------------------------------------

928

STATE HOSPITAL AUTHORITY-

I -To create--------------------------------------------------------------------------------- 29, 144, 190

503-To repeal---------------------------------------------------------------------------------

681, 1279

504-To amend---------------------------------------------------------------------------------- 681, 886,1279

STATE INSTITUTIONS1-State Hospital Authority, Milledgeville, create_________________ 29, 144, 190
280-To regulate------------------------------------------------------------------------312, 656, 1208, 1355

T

TAX COLLECTORS AND TAX RECEIVERS43-Tax collectors, vest powers of sheriffs _________________________ 40, 172, 192, 224

151-Polk County, abolish ----------------------------------------------------------------

129, 455

185-Fees and commissions, amend---------------------------------------------

155

240:--Schley County, consolidate_________________________________________________ 215, 455, 500

248-Receipts, issue numericallY------------------------------------------------------

229

340-Amend Code, duties of collector__________________________________________

360

341-Amend Code, duties of receiver_________________________________________

360

360-Chattahoochee County, amend_______________________________________________ 390, 458, 506

417-Talbot County, abolish------------------------------------------------------------- 524, 623, 661 430--Certain counties, vest powers of sheriffs ___________________________ 526, 712, 1229

437-Columbia County, abolish------------------------------------------------o---- 527, 656, 689

493-Certain counties, vest power of sheriffs______________________________

650, 742

543-Date receipts, penalty for failure----------------------------------------

736, 1240

585-Commissions, increase ...--------------------------------------------------------

775, 1240

704-Towns County, issue receipts numerically__________________________ 991, 1027, 1083

712-Brantley County, abolish ________________________________________________________ 992, 1079, 1133

781-Talbot County, amend ..--------------------------------------------------------1125, 1181, 1245 787-Putnam County, abolish --------------------------------------------------------1174, 1315, 1390 805-Coffee County, receiver, repeaL__________________,____________________,_l234, 1384, 1392

1714

INDEX

TAX COMMISSIONERS-

151-Polk County, create----------------'-----------------~-----------------------------

129, 455

248-Receipts, issue numerically--------------------------------------------------

229

291-Carroll County, amend------------------------------------------------------------- 313, 591, 624

335-Jeff Davis County, amend--------------------------------------------------- 359, 457, 503

417-Talbot County, create------------------------------------------------------------- 524, 623, 661

437-Columbia County, create---------------------------------------------------------- 527, 656, 689 457-Monroe County, compensation________________________________________________ 585, 712, 744

493-Certain counties, vest powers of sheriffs--------------------------- 650, 742, 1227

543-Date receipts, penalty for failure ----------------------------------------

736

712--Brantley County, create--------------------------------------------------------- 992, 1079, 1133 787-Putnam County, create ______________________________________________________________ 1174, 1315, 1390

800--Coffee County, repeaL____________________________________________________________ 1233, 1315, 1390

801-Coffee County, repeaL____________________________________________________________ 1234, 1383, 1390

TAXES-

8-Amend General Tax Act_________________________________________________________ 31, 236, 265

31-Executive order, suspension of tax, approve _____________ 34, 236, 323, 345

35-Homestead Exemptions, amend--------------------------------------------- 39, 132, 148

104--Rolling Store Maintenance Act, repeal ------------------------------

73, 885

112--Homestead Exemption, amend ----------------------------------------------- 115, 2.18, 405

123---'Medical care, levy for_______________________________________________________________

117

124--Intangible situs, fix ___________________________________________________________ 117, 885,1206,1660

183-Homestead Exemption, amend, local school levy________________

154

188-Billboards and signs, levy on------------------------------------------------

165

189-Amend General Tax Act_________________________________________________________

165

198--Insurance, gross premiums, levy on-------------------------------------

166

210--Efficiency in collection -------------------------------------------------------------

168, 950

217-Amend General Tax Act _____________________________________________________ 182, 238, 678, 692

224--Amend Motor Fuel Tax Act ___________:______ -------------------------------229-Efficiency in collection_____________________________________________________________

183,1315 213

231-Amend Income Tax Act------------------------------------------------------------ 213, 970, 980

241-Admission to amusements, levy on________________________________________

2.15

242-Chain stores ------------------------------------------------------------------------------- 2115, 497, 748

249-Amend Revenue Tax Act _________________________________________________________

229

273-Amend Motor Fuel Tax Act_________________________________________________

2.73

275-Poll, interest and executions__________________________________________________

274, 532

277-Land conservation, levy special tax for ________________________________ 274, 343,1218

296-Amend Motor Fuel Tax Act---------------------------------------------------

314

297-Tax on bachelors----------------------------------------------------------------------29~as tax, increase ______________________________________________________________________ 305-Amend Motor Fuel Tax Act __________________________________________________

334 334 335, 917

321-Vending machines, license tax on -----------------------------------------

337, 628

324-Fulton County levy___________________________________________________________________ 357, 456, 502

381-Amend General Tax Act-------------------------------------------------------388--Amend General Tax Act, insurance_____________________________________

418, 950 448

INDEX

1715

402-Cigars, cigarettes, amend -------------------------------------------------------
406---Gross income tax, leVY------------------------------------------------------------412-Luxury, soft drink, amusement tax, levy___________________________ 418--Soft drinks, Coca-Cola, etc., tax, levy__________________________________ 423-Homestead Exemption, amend______________________________________________

490
491 491, 945
524 525, 623

429-Special county leVY-------------------------------------------------------------------

525

435---Sales tax, levy____________________________________ 526, 980, 1005, 1031, 1058, 1062, 1084,

109~ 1102,1141,1165,1166,1191

448-Homestead Exemptions, amend --------------------------------------------

559

461-Amend Income Tax Act----------------------------------------------------------463-Amend General Tax Act, insurance_____________________________________

585, 688 585, 1180

464-Homestead Exemptions, amend______________________________________________

586

479-Homestead Exemptions, amend______________________________________________

618, 886

488-Amend Motor Fuel Tax Act_________________________________________________

649

498-Amend Intangible Tax Act-------------------------------------------------499-Amend Intangible Tax Act __,'______________________________________________

651, 886 651

511-Method of assessment---------------------------------------------------------------
515---Consent of State, tax by 'U. 8----------------------------------------------516---Amend Income Tax Act___________________________________________________________
525---Tax liens, release______________________________________________________________________

682
683, 823 683, 823
706, 887

527-Vest Governor with power to suspend taxes ________________ ______

706, 887

559-Homestead Exemptions, amend______________________________________________

771

586---Homestead Exemptions, amend______________________________________________

775, 1078

591-Malt beverages, amend______________________________________________________________ 816, 1240, 1438

596---Return of property for taxation ---------------------------------------------

817

601-State, property sold at tax sales ------------------------------------------

818

605---Distribution of gas tax, amend _______________________ ---------------------

819

659-Vendors, peddlers, exempt----------------------------------------------------661-Amend General Tax Act, punchboards -------------------------------
663-Amend Motor Fuel Tax Act ------------------------------------------------666---Homestead Exemptions, amend _______________________ ____________________
667-Homestead Exemptions, amend_____________________________________________ 668--Amend General Tax Act__________________________________________________________

907, 1315 90'7, 1240
908 908
908 908, 997

685---Na tural gas tax, levy----------------------------------------------------------- __

929

692-Mutual fire insurance, levy on______________________________________________

947

708--Gross receipts of oil companies, levy tax on _______________________

992

715---Redemption of property, tax foreclosure____________________________

993

729-Special tax, sale of electricity_______________________________________________1022, 1080, 1221

730-Ad valorem tax, proprietary corporations ___________________________1022, 1080, 1221

732-Tax on jute, levy_____________________________________________________________________

1023

753-Amend Income Tax Act__________________________________________________________

1070

762-Stock transfers, levy tax on ____________________________________________________ 1071,1315

763-Homestead Exemption, amend_______________________________________________

1072

798--Natural gas tax, leVY---------------------------------------------------------------

1233

799-Peddlers, vendors, patent medicine, levy tax on ____________________________________________________1233, 1275, 1306, 1439, 1472

1716

INDEX

810-Amend General Tax Act No. 360______________________________________1235, 1316, 1504 821-"lntangibles---classification," amend___________________________________ 1311, 1462

THEATERS, MOTION PICTURE349-Examination and licensing, operators_____________________________

361, 823

TIME174-To provide for the adoption of a Standard _________________153, 219, 546, 567

TOBACCO MARKET COMMISSIONGO--To create---------------------------------------------------------------------------------
TRAINING SCHOOLS, GEORGIA594-Transfer prisoners to, certain age______________________________________

63, 74 817

TREASURY518--All revenue, general fund ____________________________ -------------------------

705, 951

TRUSTS AND TRUST FUNDS460--Manner of creating a Trust--------------------------------------------------

585, 823

u

UNIVERSITY OF GEORGIA13-Enrollment of World War Veterans' children____________________

31,1137

UNEMPLOYMENT COMPENSATION49-To amend_____________________________________.41, 276, 323,429, 598, 628, 639, 1295, 1339

252--To amend---------------------------------------------------------------------------------

230

w

WATCHMAKING EXAMINERS, GEORGIA BOARD OF-

191-To craate.---------------------------------------------------------

165

WEIGHTS AND MEASURES480-To establish, State standards of-----------------------------------------

618, 823

WESTERN AND ATLANTIC RAILROAD-

570-To sell certain propertY------------------------------------------------------

773

WORKMEN'S COMPENSATION LAWS-

32--To amend and revise.....----------------------------------------------------- 34, 316, 349

227~Selection of physician by employee__________________________________

213

INDEX

1717

PART III

HOUSE RESOLUTIONS

A

AGRICULTURE, DEPARTMENT OF132-497A-Certain property, development of Farmers' Market

651, 688

APPROPRIATIONS-

25-130C-Leroy Wall, salarY--------------------------------------------------------

119, 888

43-164A-Reimburse surety B. H. Anderson_____________________________ 150, 532, 606

B
BRITISH GOVERNMENT210-Urge establishment of Jewish Homeland __________________________
c
CHAIN-GANGS113-436B-compensate Robert Coleman for time spent----------
COMME'MORATION85---.Sidney Lanier, life and works-----------------------------------------135--Mrs. Mary Pool Newsome and Miss Sara PooL_________________
COMMENDATORY AND CONGRATULATIONS17-Fulton delegation, thanks_____________________________________________________ 29-Macon Telegraph, thanks for daily papers_______________________ 30-Hon. T. 0. Herndon, 6th anniversary___________________________________ 42-Hon. Stephen Pace, illegal aliens_________________________________________ 57-Hon. John Wesley Culpepper, services in House ______________ 68--Division of State Parks, W. P. A., thanks ___________________________ 77-Governor Rivers, campaign, infantile paralysis________________ 90-Woco Pep Station, slogan_________________________________________________ 125--Reserve Officer's Association of Georgia____________________________ 164-Hon. Max Noah and A Capella Choir__________________________________ 168-Governor Rivers, .State Highway Board, members of________ 175--Hon. Roy V. Harris, Speaker, gratitude ______________________________ 179-Georgia State Girls Military Band, thanks_______________________ 194-State Auditor and Assistants______________________________________ 208-Acoustic Equipment Co., thanks_________________________________________
209-Veterans of Foreign Wars--------------------------------------------------210-Employees telephone co., legislative service_______________________

1658
527,1214
349 671
65 122 122 146 223
263
308 371 597 895 923 1088 1165 1276 1658 1658 1674

1718

INDEX

CONSTITUTIONAL AMENDMENTS-

6-32B -Purposes taxes levied for_______________________________________________

34, 1307

7-32C -Relieve poll tax, voting___________ -------------------------------------

34

18-104A-Change sessions, General Assembly____________________________

73

20-107A-Authorizing courts, enter judgments.______________________

73

40-163B-Limiting, members of State Senate___________________________ 141, 369, 542

41-163C-To provide for women jurors.____________________________________

141

45-186A-Macon, bonded debt--------------------------------------------------- 155, 369, 663

47-186C-Certain counties, Justice courts, jurisdiction.___________

155, 1081

48-1860-Limiting, members of House of Representatives ..156, 369,666, 1558

72-276B-Existing local school systems ___.____________________________________

274

105-394B-Confederate Soldier's widow ________________________________.450, 657, 1279, 1337

133-497B-Exempt taxes, electric membership corporations____

652, 1081

165-647A-Fitzgerald, tax levy______________________________________________________ 900, 935, 1504

177-779A-Greenville, bonded debt__________________ ----------------'-------------1125, 1181, 1401

178-780A-Amend Homestead Exemption___________________________________

1125

187-807B-Jurisdiction Supreme Court________________________________________

1235, 1388

188-807C-Jurisdiction Court of Appeals._____________________________________

1236, 1389

190-815A-Officers of General Assembly____________________________________

1271, 1317

191-815B-Reducing mileage allowed members of Assembly____ 192-815C-Fix per diem of members of General Assembly________ 200-823C-Reduction in number of counties _________________________ -------

1272, 1317 1272,1317 1312, 1389

COUNTIES, COUNTY MATTERS-

5-32A -Habersham, librarian furnish books________________________ 34, 343, 400 34-156A-Clayton, librarian furnish books__________________________130, 343, 519, 1558 37-160B-Oconee, librarian furnish books.__________________________130, 343, 543, 1557

46-186B-Effingham, librarian furnish books. ___________________155, 343, 666, 1558 51-214A-Emanuel, librarian furnish books._______________________169, 343, 675, 1557 55-241A-Spalding, librarian furnish books.______________________215, 343, 1393, 1654 70-259A-Dade, librarian furnish books_______________________________231, 343, 1393, 1635

62-259C-Murray, librarian furnish books._________________________231, 343, 1393, 1672 63-2590-Murray, librarian furnish books __________________________231, 343, 1502, 1672 93-361C-Bibb, librarian furnish books ______________________________________ 743, 1363, 1635

104-394A-Stephens, librarian furnish books_______________________________ 106-396A-Wayne, librarian furnish books_________________________________

450, 743 450, 743

110-416B-DeKalb, librarian furnish books____________________________________

492, 743

218-480A-Gwinnett, librarian furnish books _______________________ 619, 743, 1394, 1651

141-533A-Telfair, premium on bonds, certain officers _____________ 708, 779, 827 142-533B-Decatur, librarian furnish books ________________________708, 743, 1394,1654

148-545A-Coweta, librarian furnish books --------------------------------

738, 1082

171-740A-Catoosa, librarian furnish books _______________________1024, 1384, 1392, 1651

173-759A-Hart, librarian furnish books_____________________________________

1072, 1384

186-807A-Floyd, librarian furnish books.__________________________1235, 1384, 1392,1637

198-823A-Taylor, librarian furnish books.__________________________________

1312, 1462

INDEX

1719

COURTS AND COURT PROCEDURE-

20-107A-Authorize courts, enter judgment, civil-------------------

73

24-130B-Joint committee, study judicial

circuit revision_____________________________________________________ l18, 277, 440, 447, 460

56-241B-Judge Woodrum, official conduct_____.215, 458,462, 481, 518, 824,1210

79-294B-Election Superior Court judges____________________________________

314, 657

80-294B-Election, Solicitor-Gen-eral, judicial circuits----------202-Certain information to Grand juries.________________

314, 657 1577

E

EMPLOYMENT-

160---Relatives of members, State Gover1lment ______ .____________________

874

161-Relatives of members, House of Representatives ______________

874

G

GAME AND FISHll-49A-Shad fishing, certain season____________________________________________

42, 148

GENERAL ASSEMBLY-
16-68A -To move State Capitol to Savannah ____________________________
18-104A-Date of sessions, change_________.-------------------------------------87-Setting time for daily sessions ----------------------------------
109-416A-To provide committee rooms, House and Senate----190-815A-Limiting officers of________________________________________________________ 191-815B-Reducing mileage, members o-f____________________________________
192-815C-To fix per diem--------------------------------------------------------------

65 73, 1307
355 492, 935 1271, 1317 1272,1317 1272,1317

GEORGIA CREED36-160A-To adopt__________________________________________________ ,_________________________ 130, 219, 541

GOLDEN GLOVES BOXING TOURNAMENT-

96-Extending moral support to Hon. M. R. Looper________________

403

H

HIGHWAYS-

124-467A-Stone Mountain Highway________________________ ------------------- 587, 888, 1501

149-SWA-Change name, Ball's Ferry Bridge_____________________________

738, 1132

180-787A-To create State Road Survey CounciL____________________

1176

HIGHWAY DEPARTMENT, STATE-

91-361A-Refunding bonds, issuance of_______________________________________

391

122-462A-Quit claim deed, certain lands____________________________________

587

1720

INDEX

I

INFORMATION, REQUESTED12-Report from State Auditor_______________________________________________
23-Budge Commission----------------------------------------------------------------59-Committee, breakdown of appropriations -------------------------66--Discrimination, patients entered Gracewood---------------------69-Pardon and Parole Commission, list of names ____________________ 81-Executive Department, amount .Stabilization Fund ___________ 83-Examining Boards, pertaining to healing arts -----------------86--Committee meetings, place and hour of----------------------------100-State Welfare Department, employees_______________________________ 121-State School Superintend.ent__________________________________________________
126--Law Department, Hospital Authority contract____________________ 127-State Department of ~ducation -------------------------------------------
INVESTIGATIONS, INVESTIGATING COMMITTEES9-Several State Departments_____________________________________________________ 13-Method of purchasing school books___________________________________
58-To continue committee created by H. R. No.9------------------136--Hon. A. A. Marshall, special attorney__________________________________
154-604A-Extend time and powers, Economy Committee _______ 205--Continuation of Economy Committee, ninety days ___________ 206--Continuation of Economy Committee, June 1st__________________
216-Jasper County, C. C. C. CamP----------------------------------------------
lNVITATIONS-
6&-Rev. J. Frank Norris, to address AssemblY--------------------94-Hon. Robert S. Elrod, address House__________________________________
97-Dean J. Alton Hosch and law class, visit House ________________ 117-Hon. Merril Ruckeyser, address Assembly___________________________ 14&-Milledgeville A Capella Choir______________________________________________ 163-Hon. Merril Ruckeyser, amended _________________________________________
170-Georgia State Girls Military Band -----------------------------------207-Hon. Jack Garner, Hon. Hadley Brown,
Hon. Charlie Gowen------------------------------------------------------217-King George VI of England, visit Georgia __________________________

K
KENESAW MOUNTAIN MEMORIAL PARK197-"0ld Locomotive General," exhibit___________________:_______________

43, 66 119, 137
223 252 264, 309 318, 345 328, 345 354 435 575, 604 603 603
36 43 223 672 819,1082 1587 1657 1676
246 395 404 544 721 876 1005
1657 1676
1294

INDEX
L LEGISLATIVE EXPENSES-
88-Economy Committee ------------------------------------------------------------159-Trips, House committees________________________________________________________ 162--Authorize trip, inspect State Prison Farm ------------------------167-Authorize trip, inspect W. & A. Railroad ___________________________ 181-787B-Sub-committee of Appropriation Committee_________ _ 201-Stay-over period-------------------------------------------------------------------------

1721
355 874 876 922 1176,1269 1577

M

MEMORALIZING CONGRE:SS14-Equality in southern freight rates ________________________________________ 21-Amend Old Age Pension Law________________________________________________ 26--Refund for cotton tax levy_____________________________________________________ 70--Black Beard Island, deed to Georgia____________________________________
74-Amend Clarke-MeNary Act, reforestation ------------------------76--Prohibit planting of cotton, certain areas____________________________
82-Prohibit importation of coconut oil, peanuts, etc-------------102--President of U. S. Savannah River Dam____________________________ 111-Economic conditions, cotton farmer ____________________________________
189-Hon. Carl Vinson, use of turpentine----------------------------------203--Provide adequate compensation, family of S. F. SewelL__ 212--Provide National Old Age Pension System________________________

43 110 119 265 279 308, 718 318 442 521, 537 1265 1579 1674

MOTOR VEHICLES-

44-164B-Motor tags, time extend.----------------------------------------------- 150, 260, 319

71-276A-Motor tags, time extend.-----------------------------------------------

274

115--Motor tags, time extend----------------------------------------------

539

N
NATURAL RESOURCES, DEPARTMENT OF112-436A-Robert S. Singleton, back salary as game warden ____
NEW YORK WORLD'S FAIR185--Souvenirs of Fred A. Birchmore__________________________________________
p
PERSONAL PRIVILEGES146--Urging members to forego_____________________________________________________
PRINTING39-163A-Require Clerk print Civil Service BiiL--------------------52--Require Clerk to print caption of all bills__________________

527 1248
721 141 169

1722

INDEX

PROPERTY DESTRUCTION123-462B-Oscar M. Williamson, provide compensation ___________
PUBLIC WELFARE35--Wesleyan College, repurchase _____________________________________________

587,1274 133

R
RULES OF THE HOUSE19-104B-To amend, add committee_______________________________________ -----158-Create Committee, Veterans Affairs --------------------------183-Limiting time of debate on bills ____________________________________

73 830 1220,1252

s

SCHOOLS-

118-453A-State funds available for teachers salaries ------------- 560, 624,1515

147-Provide funds for a seven months term-------------------

747

174-765A-Provide manner and funds, teachers' salaries ____________ 1072,1384

176-Favor "Federal Aid to Education Act"--------------------

1089

196-Graduation of pupils, this year ___________________________________

1282

SPECIAL ORDER OF BUSINESS-
43-House Bill No. 364--------------------------------------------------------------50-Senate Bill No. L-------------------------------------------------------------------75--House Resolution No. 44-164B_____________________________________________
84-House Bill No. 184-------------------------------------------------------------98-House Bill No. 346-----------------------------------------------------------------108-.Senate Bill No. 18---------------------------------------------------------------114-House Bill No. 342----------------------------------------- -----------------------120---House Bill No. 270---------------------------------------------------------------134-House Bill No. 413---------------------------------------------------------------137-Certain Senate Bills and Resolutions ___________________________________
139-Senate Bill No. 22 --------------------------------------------------- -------------140-House Bill No. 242------------------------------------------------------------------150-House Bill No. 354------------------------------------------------------------------151~Senate Resolution No. 23(47), House Bill No. 235 ____________
152--House Bill No. 7L---------------------------------------------------------------155--House Bill No. 280---------------------------------------------------------------156-House Bill No. 219----------------------------------------------------------------

172 174 308, 319 349 424, 433 512, 538 537 575 671 672, 693 700 701 759 759 759 830 830

STATE HOSPITAL AUTHORITY195--Urging United States officials, disapprove certain contracts ---------------------------------------------------------------------------

1277

INDEX

1723

SURETY ON BONDS-

61-259B-Relieving Dr. W. B. Hair______________________________________________ 231, 369,1502

64-259E-Relieving Dr. W. B. Hair___________________________________________ 232, 369,1502

92-361B-Relieving Dr. S. C. Clemons_______________________________________

391, 499

129-480B-Relieving E. 0. ThQmpson ------------------------------------------

619, 888

SYMPATHY, Etc.8-Hon. C. A. Manry, death of___________________________________________________ 49-Hon. Henry Morrell Atkinson, death of____________________________ 78-Hon. Richard B. Russell, death of_______________________________________ 95--Hon. W. 0. Strickland, death of brother______________________________
107-Hon. E. M. Wright, illness of_________________________________________________ 119-HQn. T. L. Howard, death of brother___________________________________ 144--Hon. J. A. Grant, illness of_________________________________________________ 153-Hon. H. C. Hardman, illness of__________________________________________ 157-Hon. J. A. Grant, illness of__________________________________________________ 172-Hon. J. M. Simmons, illness of______________________________________________
182-Hon. Roy V. Harris, illness of wife ___________________________________ 193-Hon. 0. J. C<>ogler, illness of________________________________________________ 204-Hon. Jim Clark, illness of wife ______________________________________________

35 162 309 399 511 566 721 759 830 1030 1209 1275 1584

T

TAXI COMPANIES-

27-Request to improve services----------------------------------------------------

121

38-Hunter Street Cab Stand--------------------------------------------------------

136

TAXES199-823B-Suspension, Motor Vehicle Maintenance Tax ____________

1312,1389

TAX REFUNDS-

22-130A-George E. Gray_______________________________________________________118, 423, 512, 572

89-342A-O. W. Bell, tax collector, Wilkinson County____________

362, 632

99-381A-Owens Hardware Co., Rome, Georgia ________________________

418

138-512A-M. C. Kiser Co-------------------------------------------------------------

683,.12.14

u

UNIFORM FREIGHT RATES-

169-Interstate Commerce Commission, effectuate___________________

945

v
VETERANS SERVICE166-670A-Transfer of veterans_______________________________________________

909,1132

1724

INDEX

w
WAR MATERIALS184-Request purchase of, for Georgia__________________________________________

WESTERN AND ATLANTIC RAILROAD130-484A-Transfer proceeds of rentals to general funds ________

1232 619, 935

PART IV

SENATE BILLS AND RESOLUTIONS ACTED ON IN HOUSE

ORGANIZATION AND PROCEDURE-

Committee to notify Governor (.S. R. No. 2-----------------------------

16

Joint Session, canvass returns (S. R. No. 3)------------------------------

26

Committee, arrange inauguration (S. R. No. 4)------------------------

26

Convene in Regular Session (S. R. No. 11)-----------------------------

112

Joint Committee, confer with Governor, schools (S. R. No. 26)

355

PARTY

SENATE BILLS IN HOUSE

A
ACID, BARBITURIC4-Regulate the sale of__________________________________________________371, 888, 1216, 1291

AGRICULTURE, DEPARTMENT OF39-Establish standard grades of fertilizers ___________________________

662, 916

B BANKRUPTCY-
206-Recording certified copies of petitions_______________________________1334, 1471, 1673
BONDS36-Confirm and legalize, State Authorities_______________________565, 659, 1217, 1592
BOXING AND WRESTLING3-To regulate --------------------------------------------------------------------- 188, 658, 1649
c
CHIROPRACTORS117-To amend act regulating______________________________________________ 903, 1242, 1583

INDEX

1725

CITIES, CITY CHARTERS-

18-Quitman, charter amended------------------------------------------------- 392, 458, 538 59-Atlanta, charter amended______________________________________________________ 565, 659, 692

60-Atlanta, charter amended---------------------------------------------------- 565, 659, 691 64-Atlanta, charter amended ____________________ ------------------------------- 565, 659, 691
68-Atlanta, charter amended-------------------------------------------------------- 565, 659, 1578 SO-Brunswick, charter amended______________________________________________ 566, 593, 716
87-Atlanta, charter amended------------------------------------~---------------- 566, 659, 691 92--Baxley, charter amended _____________________________________________________ 594, 659, 691 106-Atlanta, charter amended _____________________________________________________ 891, 917, 940

107-Certain cities, civil service, amend--------------------------------------- 891, 917, 1379

112-Canton, charter amended________________________________________________________

'147

118-Mauk, charter repealed ________________________________________________________ 747, 889, 902

129--columbus, sell certain propertY------------------------------------------ 747, 889, 902 130---Columbus, construction of bridge __________________________________________ 903, 976, 1004
132--Atlanta, charter amended _______________________________________________ 892, 917, 940, 962

149-Atlanta, charter amended ------------------------------------------------------1029, 1082,1136

115-Publication of financial reports___________________________________________

1189

!56-Prescribe manner of incorporating, repeaL________________________1189, 1242, 1585

171-Baxley, create City AuthoritY------------------------------------------------1029, 1083, 1136

173--Certain cities, pensions to police ------------------------------------------1029, 1083, 1378

189-Marietta, charter amended --------------------------------------------------1136, 1215, 1246

209-Augusta, charter amended --------------------------------------------------1266, 1307, 1332

217-Summerville, charter amended ------------------------------------------1463, 1532, 1537

232-Thunderbolt, charter amended-------------------------------------------

1499

COASTAL HIGHWAY DISTRICT138-To prescribe rights, powers, duties, etc-----------------------------1266, 1307, 1628

CODE AMENDMENTS5-Sections 95-2111, 95-2112, county bonded debts. _______534, 888, 1580,1629

7-Section 114-413, amend Paragraph D-------------------------------

238,1214

14-Section 68-214, motor vehicles_____________________________________________ 459, 688, 1559

15-Chapter 34-19, primary elections__________________________________________

564, 779

23-Section 92-3701, levy tax, indigent people ------------------------- 262, 533, 693

24-Section 113-1209, executors________________________________________________

506, 658

26--Section 89-832, limitation on bonds, officers_____________________

262

27-Chapter 110-4, opening default as trial terms ------------------

459, 658

46--Title 58, Section 207, motor vehicles-----------------------------------

746, 825

65-Section 38-1504, witnesses who fail to appear------------------- 903, 998, 1592

77-Section 84-1404, Georgia Real Estate Commission ___________

891, 998

78-Section 23-2302, support of pauper____________________________________

628, 936

102--Section 92A-401, drivers license------------------------------------------109-Title 77, Section 201, convict camps____________________________________

891 1029, 1274

113--Section 40-1608, Assistant Attorney-Generals ____________________ 1266, 1471, 1662

115--Section 68303, .Signals, motor vehicles_________________________________

941, 1224

122--Section 68-201, motor vehicle registration_________________________

903

1726

INDEX

125---Section 68-209, sale of license tags_______________________________________ 126---.Section 30-102 (2945), total divorces___________________________________ 131-Section 9-401, define law practice_________________________________________ 135---Title 92, Income Taxes___________________________________________________________

903 1136,1242 1188, 1242 1333, 1462

139-Chapter 84-12, osteopaths-------------------------------------------------

904, 1242

146---.Section 95-1715, condemnation of property, 200 feet- ______1084, 1182, 1656

180-Section 45-210, licenses, commercial fishing boats __________ 1497, 1535, 1666

181~Section 53-208, court costs, attorney fees ____________________________1215, 1274, 1635

183- -Section 94-903, State Medical Examiners __________________________1030, 1243, 1558

186-Section 77-509, Prison and Parole Commission __________________ 1215, 1269, 1639

190-Section 45-801, oyster beds, private mark____________________________

1497, 1536

198-Section 45-601, shad fishing season-------------------------------------

1497, 1536

200---Chapter 95-18, designation of railroad crossings ______________ 1333, 1389, 1588

211-Sections 69-414, 69-417, street improvements____________________

1334,1389

220-Section 77-341, term of convicts____________________________________________

1497, 1595

226-Sections 68-402, 68-403, motor vehicles, petroleum____________

1463

230-Section 92-3715, taxes, certain counties _____________________________ 1498, 1536, 1662

CONSTITUTIONAL AMENDMENTS9-Pensions to farmers____________________________________________________________

890, 935

66-Fulton, Richmond Counties, pension funds ------------------------ 424, 1082, 1610

97-To provide for annual sessions of General Assembly_______

891, 936

100-0cilla, bonded debt_______________________________________________________________ 718, 936, 1566

136-Continuance of Coastal Highway District _________________________ 1266, 1307, 1617

140---Exempt manufacturer of farm products, taxation___________

1496, 1594

150---Atlanta, bonded debt.______________________________________________________________1004, 1242, 1613

151-Savannah, bonded debt--------------------------------------------------------- 941, 1082, 1348

161-Proposed amendments, locality affected, vote -----------------

1189, 130'7

175-Liberty County, Willie Consolidated School, debt __________ 1029, 1243, 1370

177~Savannah, bonded debt___________________________________________________________1029, 1083, 1562

202-Sylvania, bonded debt________________________________________________________1215, 1532, 1560

CO-OPERATIVE INSURANCE EXCHANGES75---Authorize incorporation of____________________________________________ 662, 696, 889, 1216

CO-OPERATIVE MAKETING144-To regulate power of associations-------------------------------------- 904, 917, 1583
CORPORATE CHARTERS104-To amend, registration of______________________________________________________ 747, 998, 1670

COTTON195---To promote the use of__________________________,___________________________________
COUNTIES AND COUNTY MATTERS8-Dodge, eligibility, amend -------------------------------------------------------
11-Camden, land grants to United States--------------- _______________ 16-Haralson, Superior Court, terms __________________________________________

1215,1317
238 188 139

INDEX

1727

17-Echols, County Court, amend_______________________________________________

239

47-Screven, treasurer, rompensation___________________________________ 459, 712, 745

51-Butts, Superior Court, term__________________________________________________ 627, 976, 1380

54--Fulton, commissioner, election of_________________________________________ 459, 713, 746

71-Screven, Superior Court, term_____________________________________________ 423, 688, 1537

74--Atkinson, Commissioner of Roads and Revenues ______________ 459, 713, 746 79-Hancock, fix bond of sheriff_______________________________________________ 718, 779, 827

94--Habersham, reduce bond of sheriff____________________________________ 718, 917, 940

lOS-Certain counties, relief and pensions, police _______________________ 891, 917, 1381 111-Taliaferro, County Commissioner______________________________________ 718, 976, 1003

121-Wheeler, Commissioner of Roads and Revenues______________ 718, 779, 82.7

127-Butts, Commissioner of Roads and Revenues___________________ 718, 999, 1028

133--Certain counties, Boards of Education________,____________________ 941, 977, 1380

!53--Mitchell, Commissioner of Roads and Revenues_______________

904

154--DeKalb, Commissioner of Roads and Revenues _______________ 904, 1182, 1246

!55-Publication of financial reports__________________________________________

1189

170---Certain counties, Budgets____________________________________________________ l005, 1083, 1379

193-County Planning Councils, provide for appointment_______

1266,1317

196-Liberty, Commissioner of Roads and Revenues_______________l266, 1384, 1537

216-Troup, Tax Commissioner_________________________________________________ l267, 1308, 1332

222-Payment of premiums on bonds, tax collectors_________________ 223--Hart, Tax Commissioner______________________________________________________

1498, 1536 1391

227-Wheeler, Tax Commissioner_____________________________________________ l598, 1536, 1660

COURTS AND COURT PROCEDURE-

12--Lis Pendens, filing of------------------------------------------------------------- 371, 533, 694

16-Haralson Superior Court, terms____________________________________________

293

51-Butts Superior Court, terms_________________________________________________ 627, 976,1380

52--Sylvania City Court, repeaL________________________________________________ 395, 688, 713

55-Authorize judges, continue grand juries____________________________

890, 935

56-Atlanta Municipal Court, amend ________________________________________ 565, 688, 713

71-Screven Superior Court, terms ___________________________________________ 423, 688,1537

lOS-Pembroke City Court, amend____________________________________________ 828, 976,1003

128-Superior Courts Waycross Judicial Circuit, fees _______________ 828, 976,1302

142--Rules of practices and procedure________________________________________

1462

COURTS, .SUPREME AND APPEALS8S-Salary of deputy clerk .. --------------------------------------------------------

1029,1214

E

ELECTIONS57-Regulate primaries ---------------------------------------------------------------- 593, 779, 1558

EMPLOYMENT159-Qualifications of .State employees---------------------------------------

1004,1083

1728

INDEX

EXAMINERS, PHARMACISTS29-License ta aliens, prohibit______________________________________________________ 534, 889, 1589

F
FEES AND FEE SYSTEMS128-Waycross Judicial Circuit, abolish _______________________________________
FIRE DEPARTMENTS67-Exempt drivers from liability, accidents----------------------------

828, 976 890

G

GAME AND FiiSH-
25-Screven, Bryan, Bulloch, regulate hunting---------------------- 239, 888,1579 179-Promulgate rules and regulations, sea foods _____________________ 1496, 1535, 1666

GENERAL ASSEMBLY97-To provide for annual sessions of________________________________________

891, 936

GEORGIA, STATE OF187-To adopt official flag and coat of arms-----------------------------

1333,1389

GEORGIA WALTZ123-To adopt, "The Georgian Waltz", official-------------------------- 903, 999, 1558

H

HIGHWAY MAP, (NEILL-TRAYLOR)13-Add mileage Laurens, Bleckley, Dodge_______________________________ 238, 499, 695

30--Add certain mileage tO--------------------------------------------------------- 239, 499, 695
76-Add certain mileage tO--------------------------------------------------------- 534, 825, 1579 169-Add mileage Dawson, Forsyth.____________________________________________ 1034, 1083

225-Add certain mileage tO--------------------------------------------------------229-Add certain mileage to_________________________________________________ _____

1498 1498

HOUSING AUTHORITIES-
34-To amend ------------------------------------------------------------------------ 593, 658, 1217, 1607 35--Establishment, legalize ------------------------------------------------- 564, 659, 1217, 1591 60--To amend ---------------------------------------------------------------------- 627, 825,1217,1592

HOUSING CO-OPERATION LAWS33-To amend ----------------------------------------------------------- -

564, 658, 1217, 1591

INDEX

1729

I

INSURANCE CONTESTS210-TQ prohibit certain types-------------------------------------------------- ____

1497,1536

INDUSTRIAL BOARD203-Retirement of members, certain age____________________________________1210,1243, 1667

J
JUDGE EMERITUS89-Create office of________________________________________________________________________

1333,1471

L

LAND TITLES182--Authorize owner, recover for trees _____________________________________ l189, 1243, 1656

LIS PENDENS12--To provide for filing of----------------------------------------------------------

371, 533

LIVESTOCK31-Bill of Sale--------------------------------------------------------------------------

506, 976

M

MARRIAGE AND MARRIAGE LAWS42--Prevent spread of venereal diseases______________________________________

828,1242

MOTOR VEHICLES-

43-Regulate speed, prohibit reckless driving ___________________________1004, 1082, 1643

226-Limit size transporting petroleum---------------------------------------

1463

N
NAMES CHANGE86-George Malcom Smith, Herbert Watson Smith------- 566, 659, 1281, 1632
NAVAL STORES22--Designate operators or manufacturers as farmers ---------- 262, 658, 747
NEWSPAPER LIBEL69-To make additions to law ______________________________________________________ 622, 825,1569

1730

INDEX

0
ORDINARIES-137-Prevent drawing of wills, deed, mortgages, etc.~~~~-~----------

892,1471

p

PEN.SIONS--

9-To provide payment to farmers________________________________________

890, 935

62-Cities, certain population__________________________________________________ 423, 916,1381

66--Fulton and Richmond Counties---------------------------------------~----

424, 1610

PLUMBERS AND STEAM FITTERS-214-To provide examination, certain counties---------------------~-----1334, 1595, 1600

PRISONS, PRISON COMMISSION160--Create Board of Penal Corrections_______________________________________1215, 1274, 1668

PRODUCE MARKET AUTHORITY, ATLANTA218--To establish ---------------------------------------------------- __________________1497, 1536, 1669

PUBLIC HEALTH210-Prohibit certain endurance contests______________________________________

1497,1536

PUBLIC HEALTH, DEPARTMENT OF208-Acquire property, certain purposes_________ ---------------------------

1334,1595

PUBLIC WELFARE-
44-Assistance of indigents, one year old or more ___________________
73-Uniform pensions to pensioners________ -------------------------------231-To create a Division of Deaf Mutes ____________________________________

1004 1462 1498,1595

R

REGENTS, UNIVERSITY SYSTEM OF GEORGIA-

2-Define status -----------------------------------------------------------------------

160

84-Condemn private property, public uses------------------~----------- 593, 688, 1591

RURAL ELECTRIFICATION98--To amend, non-profit corporations~-------------------~-~~~~------------~ 746, 825, 1574

s

SCHOOLS-

53--To fix responsibility, transportation----------------------------------

890, 1082

18~Amend Equalizing Educational Opportunities Act -----~~~---1333, 1389, 1656

INDEX

1731

SECURITIES-32--Housing Authority bonds, public officials__________________________ 564, 658, 1609
STATE HOSPITAL AUTHORITYI-To create ---------------------------------------------------------------150, 161 174, 262
STATE INSTITUTIONS-1-State Hospital Authority, Milledgeville, create__________ l50, 161, 174, 262

T

TAX COLLECTORS AND TAX RECEIVERS48-Screven County, abolish____________________________________________________ 459, 916, 939
110-Taliaferro County, abolish_______________________________________ 718, 779, 827
219-Commissioners, amend -------------------------------------------------1334, 1389, 1583, 1588

TAXES--

49-Ad valorem, collection of_______________________________________________________

828

58-Amend Homestead Exemptions_____________________________________________ 717, 976, 1604

72--Intangible trust property, fix status__________________________________

891

u
UNIVERSITY HOSPITAL, AUGUSTA99-To create a Board of Trustees______________________________________________ 746, 889, 918
w
WESTERN AND ATLANTIC RAILROAD172--Authorize commission, income producing buildings __________________________________ l333, 1462,1586, 1633 224-Rentals, Governor set aside-------------------------------------------------1463, 1595, 1657
PART VI
SENATE RESOLUTIONS IN HOUSE
c
CONSTITUTIONAL AMENDMENTS-9-Quitman, bonded debt_______________________________________________________ 239, 369, 694, 721 10-Quitman, to make loans---------------------------------------------------239, 370, 694, 725

1732

INDEX

CONSTITUTION OF THE UNITED STATES OF AMERICA48---Bill of Rights, ratifY--------------------------------------------------------1216, 1308, 1656
COUNTIES AND COUNTY MATTERS7-Habersham, librarian furnish books_________________________________ 188, 344, 693
36--Haralson, librarian furnish books-------------------------------------- 719,1083,1392

G

GAME AND FISH-

14-----'Committee to confer with Florida, group on laws____________

121

H

HALLS AND ROOMS-

37-Hon. Nathaniel J. Hammond, restoration of picture ________

936

HIGHWAYS52-Name bridge "Sidney Lanier Bridge"-------------------------------

1606

HIGHWAY DEPARTMENT, STATE-

23(47)-Refunding bonds, issuance of______________________________________ 534, 593, 785

44-----'Ascertain weights of vehicles, various highways______________

940, 999

M
MEMORIALIZING CONGRESS28-Protect wood pulp industry in United States________________ 3~Forest Fire control appropriation---------------------------------
MEMORIALS32-Thomas Alva Edison DaY-------------------------------------------------

408 567
506, 825

R

ROAD SURVEY COUNCIL, STATE57-To create --------------------------------------------------------------- ________________ 1463, 1595, 1673

s
SCHOOLS4~Funds for a seven months term __________________________________________
SURETY BONDS30-Relieving H. A. Peugh_____________________________________________________________

890,1384 593

INDEX

1733

TARIFF.S34--Reciprocal agreement, State of Wisconsin __________________________
u
UNIFORM FREIGHT RATES53-Interstate Commerce Commission, effectuate______________________

506, 825 1030